Terms and Conditions

Service Description

Digital Nexus Tec (hereinafter referred to as “the Company”) is a digital solutions company offering a variety of professional services in the technology and marketing sectors. Our services include website development, UX/UI design, e-commerce implementation, digital marketing (including Facebook and Google campaigns), hosting services and domain registration, social media management, creation of Brand Books (brand identity manuals), enterprise IT solutions, and specialized technical support. The Company specializes in providing innovative digital solutions tailored to each client’s needs, whether they require web development, SEO optimization, digital marketing, or custom technological 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 (hereinafter, the “Website”) are subject to these Terms and Conditions. By accessing, browsing, or using this Website in any manner, you acquire the status of User, which implies the full and unreserved acceptance of all the provisions set forth in this document. If you do not agree with these Terms and Conditions, you must refrain from using the Website or any of its features.

The main purpose of the Website is to provide information about the Company’s services and serve as a communication channel with interested users. The use of the Website is free of charge (unless otherwise specified for specific services) and does not require registration for basic browsing. However, to submit inquiries through contact forms or engage in other interactions, Users must provide truthful, up-to-date, and complete information. Users declare to be over 18 years old (or to access the Website under the supervision and consent of a parent or guardian if they are minors) and to have the legal capacity to accept these terms.

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 the moment they are published on the Website. It is the User’s responsibility to periodically review these Terms to stay informed about possible changes. Continued use of the Website after changes have been made constitutes acceptance of those changes.

The Company may suspend, interrupt, or terminate access to the Website or any part of it at any time for technical, security, maintenance, update reasons, or due to a User’s breach of these Terms. Furthermore, the Company does not guarantee the permanent availability and continuity of the Website, and 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 quickly as possible, without this implying any obligation to compensate.

Intellectual Property

All content on the Website—including, without limitation, texts, designs, logos, graphics, photographs, videos, software, source codes, databases, and other audiovisual or sound elements, as well as the design, navigation structure, and “look & feel” of the Website—are the intellectual property of Digital Nexus Tec or of third parties who have authorized its use and are protected by applicable intellectual property and copyright laws. Ownership and rights over such content belong to the Company, with all legal rights reserved.

Mere access to or use of the Website does not grant the User any rights or licenses to the aforementioned content. It is strictly prohibited to reproduce, distribute, transmit, publish, make available, translate, modify, adapt, publicly communicate, or use in any way, in whole or in part, the content of the Website without the prior written authorization of the Company. In particular, the User agrees to not 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 that appear on the Website are the property of the Company and are protected under current legislation. Their use, download, copying, or incorporation into any media without express consent from the owner is prohibited. Any unauthorized use of the Website’s content or trademarks will be considered a violation of intellectual property rights and may result in corresponding legal actions.

User Responsibility

The User agrees to make appropriate and lawful use of the Website and its content, in accordance with current legislation, moral standards, generally accepted good customs, and public order. In particular—and without being exhaustive—the User agrees to refrain from the following actions:

Unlawful or unauthorized use: Not to use the Website for illegal or unauthorized purposes; nor to host, share, or transmit unlawful, offensive, defamatory, obscene, threatening content or content that violates the rights of third parties (such as copyright, privacy, honor, image, etc.).
System or security damage: Not to introduce or spread viruses, malware, malicious programs, or any other components (like malicious codes or corrupt files) that may damage or alter the normal operation of the Website, the Company’s or third-party systems, or compromise their security. Also, not to access restricted areas of the Website without authorization, access other users’ accounts (if any), or interfere with others’ enjoyment of the Website.
False information or impersonation: Not to impersonate others 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’s forms (e.g., contact form) and agrees to update such data as needed. Using third-party personal data without consent is prohibited.
Unauthorized commercial use: Not to use the Website’s content for unauthorized commercial or advertising purposes. This includes sending unsolicited emails (spam) to contact data published on the Site, using information for unsolicited offers or business purposes, or collecting information/content from the Website using automated tools (bots, scrapers, etc.) for commercial exploitation.
Respect for community and laws: Refrain from harassing, threatening, or disturbing other users, developers, or Company representatives through the Website. Do not use the Website in violation of Peruvian laws, public order, or good customs. If there are interactive sections (e.g., blog comments), the User must behave respectfully and properly. The Company reserves the right to remove offensive, illegal, or inappropriate content submitted by users and to suspend or block the offending User without prior notice.

The User assumes responsibility for their actions and omissions on the Website. Any damage caused to the Company or third parties due to a breach of these obligations shall be attributable to the User. In the event of unauthorized use of their information or services or a security breach, the User agrees to immediately notify the Company so appropriate measures can be taken. The Company may, at its sole discretion, remove User-submitted content (if any) or deny access to the Website to users who violate these terms.

Limitation of Company Liability

The Company makes its best efforts to ensure that the information and content offered on the Website are truthful, up-to-date, and error-free. However, the Website and all its contents and services are provided “as is”, without any kind of guarantees, whether express or implied. Consequently, Digital Nexus Tec does not guarantee permanent availability, infallibility, or usefulness of the Website, nor that its content is accurate, complete, or relevant at all times. The User understands that the use of the Website is at their own risk.

To the extent permitted by applicable law, the Company assumes no responsibility for damages or losses of any kind that may result from the use of the Website or the information contained therein. This includes, but is not limited to, loss of data, loss of profit, business interruption, computer damage, or other types of damage, which may be caused by the use or inability to use the Website and its content. The Company will not be liable to the User for indirect, special, incidental, punitive, or consequential damages, nor for the possible 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 (e.g., referenced blog articles, supplier sites, 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 access to them is at the User’s sole decision and risk, who must adhere to the terms and policies of such sites. Consequently, Digital Nexus Tec is not responsible for any damage or loss 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 the servers that make it available. Therefore, we are not responsible for any potential damage 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 use updated protection tools (antivirus, firewall, etc.) to safeguard their systems.

Nothing in these Terms and Conditions should be interpreted as excluding or limiting the Company’s liability in cases where legal mandate does not allow such limitation. In fact, Digital Nexus Tec does not exclude or limit its liability in cases of willful misconduct or gross negligence on its part, in accordance with the Peruvian Consumer Protection and Defense Code. In all other permitted cases, the Company’s maximum cumulative liability for any claim 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 otherwise, shall be equal to zero in the case of free use.

Protection of Personal Data and Use of Cookies

The Company is committed to protecting users’ personal data, in compliance with current Peruvian regulations, including Law No. 29733 – Personal Data Protection Law and its Regulation. Any personal information the User provides through the Website (e.g., name, email, phone number, or other data in the contact form) will be collected and processed with appropriate confidentiality and solely for the purposes for which it was provided. Specifically, personal data may be used to respond to inquiries, provide information about our services, prepare business proposals, and maintain communication related to the provision of our services or project follow-ups. Your data will not be used for other purposes or shared with third parties without your consent, except as permitted by law or required by competent authorities.

Digital Nexus Tec has implemented appropriate administrative, technical, and organizational security measures to protect personal data against loss, unauthorized access, alteration, or improper disclosure. However, the User acknowledges that no internet data transmission is completely secure, and thus provides their personal information at their own risk. By submitting their personal data through the Website, the User gives their free, express, and informed consent for the Company to process this information in accordance with the aforementioned purposes. Our forms may require the User to check a box indicating acceptance of the data privacy policy before submitting their information, to ensure record of 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 send a written request, along with a copy of their identity document, via the Company’s corporate email (e.g., info@digitalnexustec.com or consultas@digitalnexustec.com), clearly indicating their request. The Company will respond to such requests within the legally established timeframes. Additionally, the User may revoke their consent to the processing of their personal data at any time, without retroactive effect, by communicating this to the Company. However, such revocation may make it impossible to continue providing certain services or responses if the revoked data was necessary for them.

Regarding the use of cookies, Users are informed that the Website uses cookies and similar technologies to enhance the browsing experience, analyze site usage, and display personalized content based on 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. At Digital Nexus Tec, we use both first-party cookies (generated by our Website) and third-party cookies (e.g., web analytics services or integrated social networks) 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 can configure their internet browser to reject or delete cookies, including those from Digital Nexus Tec. Please note that disabling cookies may cause certain Website functionalities to not work properly or the browsing experience to be less optimized. For more details on how we use cookies and how to manage them, the User may consult their browser’s information section or contact us through our support channels.

The Company ensures that any information obtained through cookies is handled in full respect of users’ privacy and applicable personal data protection regulations. We do not use cookies to obtain personally identifiable information without your consent. By using this Website, the User acknowledges and accepts our Cookie Policy as set forth in this section.

Payment Methods, Cancellations, and Refunds

The 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 will be subject to the commercial terms agreed upon with the client (scope of service, deadline, price, etc.) and, in some cases, may be formalized through a written contract or agreement separate from these Terms and Conditions. Notwithstanding, the following general guidelines on payments, cancellations, and refunds apply as a complement:

Payment Methods: The Company offers various payment methods to facilitate the contracting of its services. Generally, payments may be made by bank transfer or deposit, credit or debit card (via secure payment gateways, if enabled), cash payments, or other methods to be duly informed to the client at the time of contracting. All payments must be made in the agreed currency and terms. Unless otherwise stated, our service prices are quoted in Peruvian soles (PEN) and include applicable taxes in accordance with current tax regulations. The payment obligation is considered fulfilled only when the Company has verified the full receipt of the amount in its accounts.
Service Start and Payment Confirmation: For services requiring an initial payment (e.g., a down payment to start a web project or the first installment of a hosting plan), the Company may begin service delivery only after receiving confirmation of the corresponding payment. If payment is not received within the stipulated time, the Company reserves the right to postpone or cancel service activation, informing the User accordingly. For subscription-based services (e.g., monthly or annual hosting), the User must ensure that renewal payments are made on time; otherwise, the Company may temporarily suspend the service until payment is received or terminate it after a reasonable grace period.
User Cancellations: If the User wishes to cancel or terminate a contracted service, they must notify the Company in writing (by email or another reliable means) at least 10 days in advance of the effective cancellation date (the exact notice period may vary depending on the type of service and will be indicated in the specific agreement; if not specified). Service cancellations will not incur penalties as long as they are made in accordance with the agreed terms and the User is up to date with payments. However, no refunds will be issued for amounts already paid for services that have been wholly or partially rendered at the time of cancellation. In other words, if the User cancels a service before the end of the contracted period, no refund will be issued for the remaining or unused portion of the service. For instance, if a hosting or maintenance plan is canceled after several months, no refund will be granted for the unused months, unless the Company, at its sole discretion, decides otherwise due to specific circumstances or promotional considerations.
Refunds and Guarantees: The Company’s general policy is that, once a service has been delivered or started, paid fees are non-refundable, except in cases where applicable law requires a refund or where the Company deems it justified. If, for any reason attributable to the Company, a contracted service cannot be provided under the agreed terms (e.g., failure to develop the project within the stipulated period without force majeure or client fault), the Company will evaluate compensation options for the User. These may include partial or full refunds, service rescheduling, no-cost time extensions, or other mutually agreed solutions. Any refund request must be submitted through the Company’s official contact channels, providing contracting details and the reasons for the request. The Company will assess each case individually and respond within a reasonable time, in accordance with legal obligations and service commitments.
Right of Withdrawal: If consumer protection regulations grant the User a withdrawal or cancellation period for remotely contracted services (e.g., as per applicable sections of the Peruvian Consumer Protection Code for electronic sales), the Company will comply with that legal framework. The User should exercise this right within the legally established period from the time of contracting, communicating their decision to withdraw before the deadline. However, it should be noted that many services offered by Digital Nexus Tec are custom-made (e.g., tailored development, consultancy, unique domain registrations), which may exempt them from the right of withdrawal under current law (due to being personalized intangible goods or services already initiated with consumer consent). In all cases, the Company will inform the User accordingly at the time of contracting to ensure compliance with the applicable provisions.
Cancellation or Modification by the Company: The Company reserves the right to cancel an ongoing project or service if the User breaches essential obligations (e.g., non-payment, failure to provide required project materials, 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 continues, the Company may terminate the service early. Depending on the cause, the User may forfeit any right to refunds, especially if the cancellation results from the User’s fault. Conversely, if the Company must cancel a service due to exceptional circumstances not caused by the User (e.g., internal issues or force majeure), it will notify the User as early as possible and refund the corresponding portion of the amount paid for the unused period, or offer an equivalent alternative solution, based on the User’s preference.
Payment Support and Assistance: The Company will provide support channels for inquiries related to payments, billing, or subscription management. If the User encounters a payment issue (e.g., duplicate charge or incorrect amount), they must promptly notify the Company for verification and, if applicable, correction or refund. Likewise, if delays or issues arise due to payment gateways or financial intermediaries, the Company will assist to the best of its ability in resolving the issue but will not be held responsible for technical or connectivity failures of systems beyond its control.

In summary, Users must ensure they understand the commercial conditions of each service contracted with Digital Nexus Tec. Any questions about payments, renewals, or cancellations can be clarified by contacting us directly before making a purchase or commitment. Transparency in transactions and customer satisfaction are top priorities for the Company, and we will work closely to resolve any payment-related matters fairly and in accordance with the law.

Applicable Law and Jurisdiction

These Terms and Conditions, as well as any relationship between the User and the Company, are governed exclusively by the laws in force in the Republic of Peru, without regard to conflict of law principles of any jurisdiction. Therefore, to the extent that Peruvian law is applicable, it shall prevail even if the User accesses the Website from outside the Peruvian territory.

Likewise, for any dispute, claim, or controversy that may arise in relation to the interpretation, validity, execution, or compliance with 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. Unless the law establishes an unwaivable special jurisdiction (e.g., for consumers in certain cases), the User and the Company mutually waive any other jurisdiction or domicile that might otherwise apply, agreeing to resolve any differences before the Peruvian judicial authorities.

Before resorting to judicial proceedings, the Company invites the User to explore amicable solutions by contacting us directly, in an effort to resolve any disagreement in a negotiated and timely manner. If a direct resolution cannot be achieved, claims will be handled 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 other provisions, which will remain fully valid and in effect. The Company’s failure to enforce any specific condition does not constitute a waiver of rights. The User acknowledges that these Terms and Conditions represent the entire agreement between the Company and the User regarding the use of the Website, and that any prior communication or agreement, whether oral or written, is replaced by this document.

Last updated: June 18, 2025. These Terms and Conditions are effective as of their publication and apply to all users of the Website from that date onward. Continued use of the Website by the User confirms acceptance of these terms in their current version.

Contact: For any questions related to 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 business hours indicated on the Website. We are available to clarify any doubts and receive suggestions related to our policies and services.