NESTA SYSTEMS LLC
WEBSITE TERMS & CONDITIONS
Effective Date: April 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR BOOKING ANY SERVICE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Acceptance and Scope
1.1 These Website Terms and Conditions (the "Terms") govern your access to and use of the website located at nestasystems.com, including all associated pages, booking forms, contact forms, landing pages, and online properties operated by Nesta Systems LLC ("Company," "we," "us," or "our").
1.2 By accessing or using the Website, submitting any form, clicking any button indicating acceptance, booking any service, or otherwise interacting with the Website, you agree to be bound by these Terms and all applicable laws and regulations.
1.3 If you do not agree to these Terms, you must not access or use the Website.
1.4 These Terms apply to all visitors, prospective clients, and any other individuals who access or use the Website for any purpose.
2. Eligibility and Authority
2.1 You must be at least eighteen (18) years old and capable of forming a legally binding contract to use the Website or book any service.
2.2 If you access or use the Website on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" include that entity.
2.3 You may not use the Website if doing so would violate any applicable law, regulation, court order, or contractual restriction.
3. Website Access and Permitted Use
3.1 Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for lawful informational and evaluation purposes related to Company's consulting services.
3.2 You may not use the Website for unlawful, fraudulent, abusive, defamatory, misleading, or other improper purposes.
3.3 You may not, and may not permit any third party to: (a) access non-public areas of the Website without authorization; (b) probe, scan, test, or attempt to circumvent Website security; (c) copy, scrape, harvest, index, mirror, or frame the Website or its content without express written permission; (d) use robots, crawlers, scripts, or automated tools to access or collect data from the Website; (e) interfere with or disrupt the Website or any connected systems; (f) introduce malicious code; (g) impersonate any person or entity; or (h) use the Website to benchmark, decompile, reverse engineer, or build a competing product or service.
3.4 Company may suspend, limit, or terminate Website access at any time, with or without notice, if we believe your use violates these Terms, threatens Website security, infringes rights, or creates legal, technical, or reputational risk.
4. Services Description
4.1 Nesta Systems LLC is a small business consulting firm based in St. Augustine, Florida. Our services include the Customer Experience Reset (a focused, paid working session), ongoing implementation support, communication strategy consulting, customer retention consulting, and related advisory services (collectively, the "Services").
4.2 All Services are provided directly by Malena Henderson and Matthew Henderson of Nesta Systems LLC. Specific terms, scope, pricing, and deliverables for any engagement beyond initial working sessions will be set forth in a separate written agreement or engagement letter.
4.3 Descriptions of Services on the Website are provided for informational purposes. Company reserves the right to modify, discontinue, or update its Service offerings at any time without prior notice.
4.4 Booking a session or inquiry through the Website does not constitute a binding contract for ongoing Services. A binding engagement requires mutual written agreement between Company and the client.
5. Accounts, Forms, and Electronic Communications
5.1 Certain Website features, including booking forms and contact forms, may require you to submit your information. You agree to provide accurate, current, and complete information.
5.2 You are responsible for maintaining the accuracy of any information you provide and for notifying Company of any changes.
5.3 You consent to receive notices and communications from Company electronically, including by email or by posting on the Website, where permitted by law.
5.4 Your submission of a booking form, contact form, or other inquiry through the Website constitutes an electronic communication and may constitute a legally binding electronic agreement equivalent to a written signature, to the extent such form contains agreement language.
6. Fees, Payments, and Refunds
6.1 The Customer Experience Reset is priced at five hundred U.S. dollars ($500.00) per session, unless otherwise agreed in writing.
6.2 Payment terms for any session or engagement will be communicated at the time of booking or in a separate agreement. Company reserves the right to require payment prior to delivering any Service.
6.3 Company offers a satisfaction guarantee for the Customer Experience Reset: if a client does not leave the session with at least one clear, actionable improvement they can implement immediately, Company will refund the session fee in full. To request a refund under this guarantee, the client must notify Company within seven (7) days of the session date.
6.4 Session fees credited toward implementation work are applied at Company's sole discretion and are subject to the terms of any subsequent written engagement agreement.
6.5 All fees are stated in U.S. dollars. Company is not responsible for any currency conversion fees, bank fees, or third-party payment processing fees.
7. Intellectual Property and Website Content
7.1 The Website, including all text, graphics, images, logos, branding, layouts, copy, guides, frameworks, and other content (collectively, "Website Content"), is owned by Company or its licensors and is protected by applicable intellectual property laws.
7.2 Except as expressly permitted in these Terms, you may not copy, reproduce, modify, distribute, publish, display, transmit, create derivative works from, or exploit any Website Content without Company's prior written consent.
7.3 "Nesta Systems" and related names, logos, and branding are trademarks, service marks, or trade dress of Company. You may not use them without prior written permission.
7.4 Any frameworks, tools, methodologies, processes, or materials developed or provided by Company in connection with the Services remain the intellectual property of Company unless otherwise agreed in a written engagement agreement.
7.5 If you submit feedback, suggestions, or ideas relating to the Website or Services, you grant Company a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and exploit that feedback for any lawful purpose without restriction or compensation.
8. User Submissions and Contact Forms
8.1 If you submit information through the Website, including booking requests, contact forms, or inquiry forms, you represent and warrant that: (a) the information is accurate and not misleading; (b) you have all rights and authority necessary to submit it; and (c) your submission does not violate any law or third-party right.
8.2 You remain responsible for all content, information, and materials you submit through the Website. Company may use submitted information as described in the Privacy Policy and to respond to inquiries, provide Services, enforce rights, or comply with legal obligations.
8.3 Company may decline, remove, or disregard submissions at any time in its sole discretion.
9. Marketing, Testimonials, and No Results Guarantee
9.1 The Website may contain testimonials, case studies, client examples, or descriptions of client outcomes.
9.2 Any such materials are provided for informational and illustrative purposes only and do not guarantee that you or any other person will achieve similar results.
9.3 Company makes no representation or warranty regarding revenue growth, customer acquisition, customer retention improvements, referral volume, repeat purchase rates, or other business outcomes that may be associated with use of Company's Services.
9.4 Business outcomes depend on numerous variables outside Company's control, including your industry, market conditions, team execution, communication practices, existing customer base, and commitment to implementation.
10. Confidentiality
10.1 In the course of providing Services, Company may be exposed to confidential information about your business, including financial information, customer data, operational details, and strategic plans. Company agrees to maintain the confidentiality of such information and to use it solely for the purpose of delivering the Services.
10.2 Similarly, Company may share proprietary methodologies, frameworks, tools, and strategic approaches with you in connection with the Services. You agree not to disclose, reproduce, or use such materials for any purpose beyond your own internal business improvement without Company's prior written consent.
10.3 Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, is independently developed, or is required to be disclosed by law.
11. Third-Party Services and Links
11.1 The Website may contain links to third-party websites, booking platforms, payment processors, or other services not owned or controlled by Company.
11.2 Company is not responsible for third-party websites, content, policies, or services, even if they are linked from the Website.
11.3 Access to or use of third-party services is subject to those parties' separate terms and privacy policies. Your dealings with any third party are solely between you and that third party.
11.4 Company is not liable for interruptions, errors, delays, or security events caused by third-party services or infrastructure.
12. Disclaimer of Warranties
12.1 THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR RELIABILITY.
12.3 COMPANY DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
12.4 COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF WEBSITE CONTENT, INCLUDING ARTICLES, GUIDES, RESOURCES, TESTIMONIALS, OR CASE STUDIES.
13. Limitation of Liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR FIVE HUNDRED U.S. DOLLARS ($500.00), WHICHEVER IS GREATER.
13.3 THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.4 Some jurisdictions do not allow certain disclaimers or limitations of liability, so portions of this section may not apply to you to the extent prohibited by applicable law.
14. Indemnification
14.1 You agree to defend, indemnify, and hold harmless Company and its owners, officers, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Website; (b) your violation of these Terms; (c) your submissions, content, or information; (d) your violation of any law or third-party rights; or (e) your misuse of any information obtained through the Website or Services.
14.2 Company may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate as reasonably requested.
15. Dispute Resolution, Arbitration, and Governing Law
15.1 Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or other rights pending completion of arbitration.
15.2 The arbitration shall take place in St. Johns County, Florida, unless the parties mutually agree otherwise. The arbitrator's decision shall be final and binding and may be entered in any court of competent jurisdiction.
15.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.
15.4 These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles, except to the extent federal law applies.
16. Changes to the Website and These Terms
16.1 Company may modify, suspend, discontinue, or update the Website or any portion of it at any time without prior notice.
16.2 Company may revise these Terms from time to time by posting an updated version on the Website and updating the effective date. Unless otherwise stated, changes are effective when posted.
16.3 Your continued access to or use of the Website after updated Terms are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
17. Miscellaneous
17.1 Entire Agreement. These Terms, together with the Privacy Policy and any written engagement agreement, constitute the entire agreement between you and Company regarding the Website and Services, and supersede all prior agreements, understandings, and representations.
17.2 Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect.
17.3 Assignment. You may not assign or transfer these Terms or any rights hereunder without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
17.4 No Waiver. Company's failure to enforce any provision of these Terms in any instance shall not constitute a waiver of that provision or any other provision.
17.5 Force Majeure. Company shall not be liable for any delay, interruption, or failure in performance of the Website or Services resulting from causes beyond its reasonable control, including acts of God, natural disasters, internet or telecommunications outages, power failures, governmental actions, pandemics, or failures of third-party service providers.
17.6 Contact. Questions regarding these Terms may be directed to:
Nesta Systems LLC
Email: [email protected]
Website: nestasystems.com
St. Augustine, Florida 32080
— End of Terms and Conditions —
LEGAL NOTICE: These Terms and Conditions were prepared based on general legal principles and should be reviewed by a licensed attorney before publication. Nothing in this document constitutes legal advice.