Terms and Conditions
Service Description
Digital Nexus Tec is a digital solutions company offering a variety of professional services in the technology and marketing fields. Our services include website development, UX/UI design, e-commerce implementation, digital marketing, hosting and domain registration, social media management, Brand Book creation (brand identity manuals), enterprise IT solutions, and specialized technical support. The Company specializes in providing innovative digital solutions tailored to the needs of each client, whether they require web development, SEO optimization, digital marketing, or custom technology consulting. All these services aim to enhance the digital presence of your business, ensuring quality, security, and cutting-edge technology in every project.
General Terms of Website Use
Access to and use of the website www.digitalnexustec.com are subject to these Terms and Conditions. By entering, browsing, or otherwise using this Website, you acquire the status of User, which implies full and unconditional acceptance of all the provisions established in this document. If you do not agree with these Terms and Conditions, you must refrain from using the Website or any of its functionalities.
The main purpose of the Website is to provide information about the Company’s services and serve as a contact channel for interested users. Use of the Website is free of charge (unless otherwise indicated for specific services) and does not require registration for basic browsing. However, to submit inquiries via contact forms or other interactions, the User must provide truthful, current, and complete information. The User declares to be 18 years of age or older (or access under the supervision and consent of parents or guardians, in the case of minors), with legal capacity to accept these conditions.
The Company reserves the right to modify at any time and without prior notice the content, presentation, and configuration of the Website, as well as these Terms and Conditions. Any changes will take effect from their publication on the Website. It is the User’s responsibility to review these Terms periodically to stay informed of any modifications. Continued use of the Website after changes have been made constitutes acceptance of the new terms.
The Company may suspend, interrupt, or terminate access to the Website or any part thereof at any time, whether for technical, security, maintenance, update reasons, or due to the User’s breach of these Terms. Additionally, the Company does not guarantee the permanent availability or continuity of the Website, as temporary interruptions may occur due to causes beyond its control (e.g., internet provider failures). In all cases, the Company will seek to restore service as soon as possible without assuming any obligation for compensation.
Intellectual Property
All content on the Website – including, but not limited to, texts, designs, logos, graphics, photographs, videos, software, source code, databases, and other audiovisual or sound elements, as well as the Website’s design, navigation structure, and “look & feel” – is the intellectual property of Digital Nexus Tec or third parties who have authorized its use, and is protected under applicable intellectual property and copyright laws. The ownership and rights over such content belong to the Company, with all rights reserved as conferred by law.
Simple access to or use of the Website does not grant the User any rights or license over such content. Reproduction, distribution, transmission, publication, making available, translation, modification, adaptation, public communication, or any other use, in whole or in part, of the Website’s content is strictly prohibited without prior written authorization from the Company. In particular, the User agrees not to remove or alter copyright notices, trademarks, or other identifying data of Digital Nexus Tec or third parties appearing on the Website.
The trademarks, trade names, logos, and distinctive signs of Digital Nexus Tec appearing on the Website are the property of the Company and are protected under applicable law. Their use, download, copying, or incorporation into any medium without the express consent of the owner is strictly prohibited. Any unauthorized use of the content or distinctive signs on the Website will be considered a violation of intellectual property rights and may result in legal action.
User Responsibility
The User agrees to make proper and lawful use of the Website and its content, in accordance with applicable law, morality, generally accepted good practices, and public order. In particular – and without this list being exhaustive – the User agrees not to perform the following actions:
- Illegal or unauthorized use: Do not use the Website for illegal, unauthorized, or illicit purposes, nor to host, distribute, or transmit illegal, offensive, defamatory, obscene, threatening content, or content that infringes the rights of third parties (such as copyright, privacy, honor, image, among others).
- Damage to systems or security: Do not introduce or spread viruses, malware, harmful programs, or any other components (such as malicious code, corrupted files, etc.) that could damage or alter the normal functioning of the Website, the Company’s IT systems, or third-party systems, or that could compromise their security. Likewise, do not attempt unauthorized access to restricted sections of the Website, other users’ accounts (if any), or IT systems or networks connected to the Website, nor interfere with the use and enjoyment of the Website by other users.
- False information or impersonation: Do not impersonate another person or use false identities when using the Website or communicating with the Company. The User guarantees the truthfulness and authenticity of the information provided through the Website forms (for example, the contact form), committing to update such information when necessary. Using third-party personal data without their consent is prohibited.
- Unauthorized commercial use: Do not use the content of the Website for unauthorized commercial or advertising purposes. This includes the prohibition of sending unsolicited emails (spam) to contact information published on the Site, using information obtained from the Website for unsolicited offers or commercial purposes, or collecting information or content from the Website using automated tools (bots, scrapers, etc.) for commercial exploitation.
- Respect for the community and laws: Refrain from harassing, threatening, or disturbing other users, developers, or Company representatives through the Website. Do not use the Website in ways that contravene Peruvian laws, public order, or good conduct. In interactive sections (such as blog comments or others), the User must behave respectfully and properly; the Company reserves the right to remove any user-generated content deemed offensive, illegal, or inappropriate, as well as to suspend or block infringing Users without prior notice.
The User assumes responsibility for acts and omissions performed on the Website. Any damage or harm caused to the Company or third parties due to the breach of these obligations will be attributable to the User, who must respond accordingly. If any unauthorized use of their information, services, or a security breach is detected, the User agrees to notify the Company immediately so that the appropriate measures can be taken. The Company may, at its sole discretion, remove User-provided content (if publicly shared) or deny access to the Website to users who violate these provisions.
Limitation of Company Liability
The Company makes every effort to ensure that the information and content offered on the Website are accurate, up-to-date, and error-free. However, the Website and all its content and services are provided “as is”, without any warranties, express or implied. Consequently, Digital Nexus Tec does not guarantee permanent availability, infallibility, or usefulness of the Website, nor does it guarantee that content is accurate, complete, or relevant at all times. The User understands that they use the Website at their own risk.
To the extent permitted by applicable law, the Company assumes no liability for damages or losses of any kind that may arise from the use of the Website or the information contained therein. This includes, without limitation, loss of data, loss of profits, business interruption, IT or other damages that may be caused by the use or inability to use the Website and its contents. The Company shall not be liable to the User for indirect, special, incidental, punitive, or consequential damages, nor for any loss of business opportunities, reputation, or profits.
The Company also disclaims any responsibility for third-party content that may be accessed from the Website. There may be links or hyperlinks to third-party pages (for example, cited blog articles, provider websites, external resources, etc.), but this does not imply that Digital Nexus Tec endorses or approves such content. We do not control or guarantee the availability, accuracy, or legality of third-party websites, so accessing them is at the User’s sole risk, and the User must comply with the terms and policies of those sites. Consequently, Digital Nexus Tec is not responsible for any damages or losses that may result from accessing external sites through links on our Website.
Although the Company implements reasonable security and protection measures, it does not guarantee the absence of viruses, malware, or other harmful elements on the Website or on the servers that make it available. Therefore, we do not assume responsibility for potential damages or alterations to the User’s hardware, software, systems, devices, or files that may occur due to the presence of such elements. Users are advised to have up-to-date protection tools (antivirus, firewall, etc.) to safeguard their systems.
No provision of these Terms and Conditions shall be construed as an exclusion or limitation of the Company’s liability in cases where such liability cannot be limited by law. Indeed, Digital Nexus Tec does not exclude or limit its liability in cases of fraud or gross negligence, in accordance with the provisions of the Peruvian Consumer Protection Code. In any other case permitted by law, the Company’s maximum cumulative liability, for any matter arising from the use of the Website or its services, shall be limited to the amount actually paid by the User for such services (if any) or, if the service is free, shall be zero.
Personal Data Protection and Use of Cookies
The Company is committed to protecting the personal data of users in compliance with applicable Peruvian regulations, including Law No. 29733 – Personal Data Protection Law and its regulations. Any personal information provided by the User through the Website (for example, name, email, phone number, or other data in the contact form) will be collected and processed confidentially and solely for the explicit purposes for which it was provided. Specifically, personal data may be used to respond to inquiries, provide information about our services, prepare commercial proposals, and maintain communication related to service delivery or project follow-up. User data will not be used for purposes other than those communicated, nor will it be shared with third parties without consent, except in cases permitted by law or mandated by competent authority.
Digital Nexus Tec has appropriate administrative, technical, and organizational security measures to protect personal data against loss, unauthorized access, alteration, or improper disclosure. Nevertheless, the User acknowledges that no data transmission over the Internet is completely secure, and provides personal information at their own risk. By submitting personal data through the Website, the User provides free, express, and informed consent for the Company to process such information for the purposes described above. Our forms may require the User to check a box accepting the personal data policy before submitting information, to record this consent.
The User has the right to access, update, rectify, cancel, or object to the processing of their personal data held by the Company, in accordance with the so-called ARCO rights under Peruvian law. To exercise these rights, the User may submit a written request, attaching a copy of their identity document, via the Company’s corporate email at info@digitalnexustec.com or consultas@digitalnexustec.com, clearly indicating the request. The Company will respond within the legal timeframes. The User may also revoke consent for personal data processing at any time, without retroactive effect, by notifying the Company. However, such revocation may prevent the Company from providing certain services or responses if the revoked data was necessary for that purpose.
Regarding the use of cookies, Users are informed that the Website uses cookies and similar technologies to enhance browsing experience, analyze site usage, and display content personalized to their interests. Cookies are small text files stored on the User’s device when visiting a website, used to remember visit information such as preferences or anonymous identifiers. Digital Nexus Tec uses both first-party and third-party cookies (for example, web analytics services or integrated social media) to provide a more functional and personalized site.
By browsing the Website, the User accepts the use of cookies as described. However, at any time, the User may configure their internet browser to reject or delete cookies, including Digital Nexus Tec’s cookies. Users should be aware that disabling cookies may cause certain Website functionalities not to work correctly or reduce the browsing experience. For more details on how we use cookies and how to manage them, Users may consult their browser’s guidance section or contact us through the support channels.
The Company ensures that the handling of information obtained through cookies is carried out at all times respecting the privacy of users and applicable personal data protection regulations. We will not use cookies to collect personally identifiable information without your consent. By using this Website, the User acknowledges and agrees to our Cookie Policy as outlined in this section.
Payment Methods, Cancellations, and Refunds
Services offered by Digital Nexus Tec, such as web development, hosting, marketing, or others, can be contracted through direct contact with the Company (via web form, email, phone, or other means indicated on the Website). The contracting of a specific service is subject to the commercial terms agreed with the client (scope of service, timeline, price, etc.) and, in some cases, may be formalized through a separate written agreement or contract independent of these Terms and Conditions. Notwithstanding the above, the following general guidelines on payments, cancellations, and refunds apply:
- Payment methods: The Company offers various payment methods to facilitate contracting its services. Generally, payments can be made via bank transfer or deposit, credit or debit card (through secure payment gateways, if enabled), cash payments, or other methods communicated to the client at the time of contracting. All payments must be made in the agreed currency and terms. Unless otherwise indicated, our service prices are quoted in Peruvian Soles (PEN) and include applicable taxes according to current tax regulations. Payment obligations are considered fulfilled only when the Company has verified the full receipt of the amount in its accounts.
- Service commencement and payment confirmation: For services requiring an initial payment (e.g., an advance for a web development project or the first installment of a hosting plan), the Company may begin providing the service only after receiving confirmation of the corresponding payment. If the payment is not received within the established timeframe, the Company reserves the right to postpone or cancel the service activation, informing the User accordingly. For recurring subscription services (such as annual or monthly web hosting), the User must ensure payment of renewals within the stipulated dates; otherwise, the Company may temporarily suspend the service until payment is received or terminate it after a reasonable period of delinquency.
- Cancellations by the User: If the User wishes to cancel a contracted service, they must notify the Company in writing (via email or other reliable means) at least 10 days in advance of the effective cancellation date (the exact period may vary depending on the type of service and will be indicated in the specific agreement with the client; if not stipulated). Cancellation of services will not incur penalties as long as it is done in accordance with the agreed terms and the User is up to date with payments. However, amounts already paid for services fully or partially provided at the time of cancellation will not be refunded. In other words, if the User decides to cancel a service before the contracted period ends, there will be no refund for the remaining or unused portion of the service. For example, if an annual hosting or maintenance plan is canceled after several months, the User will not be entitled to a refund for unused months, unless the Company, at its sole discretion, decides otherwise due to special circumstances or promotions.
- Refunds and guarantees: The Company’s general policy is that, once a service has been delivered or started, fees paid are non-refundable, except in situations where applicable law requires a refund or the Company deems it justified. If, for any reason attributable to the Company, a contracted service cannot be provided as agreed (e.g., inability to complete a project within the stipulated timeframe without force majeure or client responsibility), the Company will evaluate compensation options for the User, which may include partial or full refunds, rescheduling of the service, free time extensions, or other mutually agreed solutions. Any refund request must be made through the Company’s official contact channels, providing service details and reasons for the request. The Company will review each case individually and respond within a reasonable timeframe, in accordance with legal obligations and service commitments.
- Right of withdrawal: If consumer protection laws grant the User a period of withdrawal or regret for services contracted remotely (for example, as applicable under the relevant article of the Peruvian Consumer Protection Code for electronic sales), the Company will comply with such legal framework. The User should exercise this right within the legally established period from contracting, communicating their decision before the deadline. However, many services offered by Digital Nexus Tec are customized (tailored development, client-specific consulting, unique domain registrations, etc.), which may exempt them from the right of withdrawal under current legislation (as they involve personalized intangible goods or services already started with consumer consent). In any case, the Company will provide the User with all necessary information regarding this point at the time of contracting, ensuring compliance with applicable legal provisions.
- Cancellation or modification by the Company: The Company reserves the right to cancel an ongoing project or service if the User fails to meet essential obligations (e.g., non-payment, failure to provide necessary information, breach of these Terms, misuse of services, etc.). In such cases, the Company will inform the User of the breach and may grant a correction period if appropriate. If the breach persists, the Company may terminate the service early. Depending on the reason for termination, the User may lose any right to refund of amounts already paid, especially if the cancellation is due to the User’s fault. Conversely, if, due to exceptional circumstances, the Company must cancel a service not caused by the User but due to internal reasons or force majeure, the User will be notified in advance and will be refunded the proportional amount for the unused service period, or offered an equivalent alternative solution, according to the User’s preference.
- Support and assistance with payments: The Company will provide support channels for inquiries related to payments, billing, or subscription management. If the User encounters an issue with a charge (e.g., duplicate charge or incorrect amount), they must promptly notify the Company to verify and, if applicable, correct or refund. Similarly, if delays or issues arise due to payment gateways or financial intermediaries, the Company will assist to the extent possible but is not responsible for technical or connectivity failures outside its control.
In summary, the User must ensure they understand the commercial terms of each service contracted with Digital Nexus Tec. Any questions regarding payments, renewals, or cancellations can be clarified by contacting us directly before making a purchase or commitment. Transparency in transactions and customer satisfaction are priorities for the Company, and we will work together to resolve any payment-related issues fairly and in accordance with the law.
Applicable Law and Jurisdiction
These Terms and Conditions and any relationship between the User and the Company are governed exclusively by the current laws of the Republic of Peru, without regard to conflict-of-law provisions of any jurisdiction. Consequently, to the extent Peruvian law is applicable, it will prevail even if the User accesses the Website from outside Peru.
Furthermore, for any controversy, claim, or dispute that may arise regarding the interpretation, validity, execution, or enforcement of these Terms and Conditions, or with the use of the Website and the Company’s services, the parties agree to submit to the jurisdiction of the competent courts of Peru. Except where the law provides for a mandatory, non-waivable jurisdiction (for example, for consumers in certain cases), the User and the Company mutually waive any other jurisdiction or domicile that may apply, committing to resolve any disputes before the Peruvian judicial authorities.
Before resorting to legal proceedings, the Company invites the User to explore amicable resolution by contacting us directly in order to attempt to resolve any disagreement in a negotiated and expeditious manner. If a direct solution cannot be reached, claims will be addressed as indicated in the preceding paragraph.
Finally, if any clause or provision of these Terms and Conditions is declared invalid, illegal, or unenforceable by a competent authority, such invalidity will not affect the remaining provisions, which will remain in full force and effect. The Company’s failure to enforce any specific condition does not constitute a waiver of rights under any circumstance. The User acknowledges that these Terms and Conditions constitute the entire agreement between the Company and the User regarding the use of the Website, and any prior communication or agreement, whether oral or written, is replaced by this document.
Last Updated: August 27, 2025. These Terms and Conditions are effective as of their publication date and apply to all users of the Website from that date. Continued use of the Website by the User will confirm acceptance of these terms in their current version.
Contact: For any inquiries regarding these Terms and Conditions, the User may contact Digital Nexus Tec via email at info@digitalnexustec.com or by phone at +51 979 363 455 during the hours of service indicated on the Website. We are available to clarify questions and receive suggestions related to our policies and services.