Terms of Service

These Terms apply to your use of our website and any related communications, consultations, proposals, and services we provide. If you do not agree, do not use the website or services.

No clickable links are included by design. You may manually type “nextera-agency.com” in your browser if needed.

We provide digital marketing and related services (for example: advertising management, creative production, funnel/landing optimization, analytics, strategy, and consulting). The exact scope, deliverables, timeline, and pricing are defined in a written proposal, statement of work (“SOW”), invoice, or contract.

• Any estimates, timelines, or forecasts are non-binding unless explicitly stated in writing.
• Client responsibilities (assets, access, approvals, brand guidelines) may affect delivery timelines.

You represent that you have the legal capacity to enter into these Terms. If you use the services on behalf of a business, you represent that you have authority to bind that business.

If we provide access to tools, dashboards, or shared resources, you agree to keep credentials secure and to notify us of any unauthorized access.

You are responsible for the accuracy, legality, and ownership/rights of any materials you provide (logos, images, copy, product claims, brand assets, customer lists, tracking pixels, etc.). You grant us permission to use these materials solely for performing the agreed services.

• You are responsible for obtaining any required permissions, licenses, and releases.
• Delays in feedback/approvals may delay delivery and timelines.

Fees, payment schedules, and billing terms are defined in the proposal/SOW/invoice. Unless otherwise agreed in writing:

• Invoices are due upon receipt.
• Late payments may result in paused work and/or access suspension until payment is received.
• Third-party costs (ad spend, software subscriptions, media buying) are separate from our service fees unless explicitly included.

Marketing performance depends on many factors outside our control (market conditions, budget, product-market fit, offer, creative, tracking accuracy, platform policies, competition, and seasonality). Therefore:

• We do not guarantee specific results (ROAS, revenue, leads, rankings, CPM/CPC, approvals, or account health).
• Platform decisions (ad disapprovals, account restrictions, policy enforcement, delivery changes) are controlled by third parties.
• Analytics may be impacted by browser restrictions, attribution models, consent settings, and technical limitations.

We retain ownership of our pre-existing materials, frameworks, templates, processes, and know-how. Upon full payment, you receive rights to the specific deliverables created for you, as defined in the proposal/SOW, excluding third-party assets.

• Third-party tools, fonts, stock media, or licensed assets remain subject to their respective license terms.
• We may showcase non-confidential work in our portfolio unless you request otherwise in writing.

Each party may receive confidential information from the other. You and we agree to use confidential information only for performing or receiving services, and to protect it using reasonable care.

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained without confidentiality obligations.

You agree not to misuse the website or services. This includes, without limitation:

• Attempting unauthorized access to systems or data.
• Uploading malicious code or interfering with site functionality.
• Using services to promote illegal, deceptive, or infringing activities.
• Violating third-party platform rules or applicable laws.

Either party may terminate services as set out in the proposal/SOW or, if not specified, with written notice. Upon termination:

• Fees for work performed and approved expenses remain payable.
• We may deliver work-in-progress where reasonably feasible after outstanding balances are settled.
• Access to tools/resources we manage may be removed.

The website and services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, NEXTERA GROUP LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the website or services.

To the maximum extent permitted by law, our total liability for any claims arising out of or related to these Terms will not exceed the amount you paid to us for the services giving rise to the claim during the three (3) months preceding the event.

You agree to indemnify and hold harmless NEXTERA GROUP LLC from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your content, your business practices, your breach of these Terms, or your violation of any law or third-party rights.

These Terms are governed by the laws of the United States and the State of New Mexico, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms will be brought in the courts located in New Mexico, unless otherwise required by law.

We may update these Terms from time to time. Changes become effective when posted on this page. Your continued use of the website after changes indicates acceptance.

NEXTERA GROUP LLC

1209 MOUNTAIN RD PL NE STE R, ALBUQUERQUE, NM 87110 US

Phone: +1 737 257 0651

Email: info@nextera-agency.com

EIN: 98-1914172