NEXXAA Terms of Service

Last updated: 25th September 2026

These terms govern your use of DWT Direct and the OpCheck / Waste act platform (together, the Service) provided by NEXXAA LIMITED, a company registered in England and Wales (company number 16762606), (operating address: Venture One Business Park, Unit 15 Longacre Close, Holbrook Industrial Estate, Sheffield, S20 3FR) (Nexxaa, we, us). By creating an account, placing an order or using the Service you agree to these terms on behalf of the business you represent (you).

Version [1.0] · Effective from [25/09/2026]

1. About us and these terms

1.1 These terms apply to the NEXXAA software products and services. They are provided by [NEXXAA COMPANY NAME] Ltd, a company registered in England and Wales under company number [NUMBER], whose registered office is at [ADDRESS] (“NEXXAA”, “we”, “us”, “our”).

1.2 You can contact us at [SUPPORT EMAIL].

1.3 These terms form a contract between us and the business that subscribes to a NEXXAA product (“you”, “your”, “the Customer”). Please read them carefully. In particular, clauses 7 (billing and cancellation), 8 (your responsibilities) and 14 (limits on our liability) affect your rights.

1.4 These terms are version [X.X], effective from [DATE].

2. Definitions

In these terms:

Account means the account you use to access the Services.
Annual Plan and Monthly Plan have the meanings in clause 7.
Authorised User means an employee, agent or contractor you allow to use the Services under your Account.
Customer Data means all data, documents and records you or your Authorised Users enter into, upload to or generate in the Services, including waste records and receipts.
Defra means the Department for Environment, Food and Rural Affairs, and includes any body or service operated for it, including the Digital Waste Tracking service.
Fees means the subscription charges for your Plan.
Plan means the subscription plan you select at checkout.
Products means the NEXXAA software products, including DWT Direct, WasteCheck, LicenceCheck and OpCheck, and any other product we add.
Receiving Site means a site registered on DWT Direct that receives waste.
Services means the Products you subscribe to, together with any related support.
Third-Party Services means services not provided by us that the Services connect to, including Defra’s systems, DVLA services and our payment provider, Stripe.

3. Who can use the Services and how the contract is formed

3.1 The Services are for business use only. By subscribing, you confirm that you are acting for the purposes of your trade, business or profession and not as a consumer.

3.2 The person who accepts these terms confirms that they have authority to bind the business named on the Account.

3.3 The contract is formed when you tick the box confirming that you accept these terms and complete checkout. We keep a record of the version of these terms you accepted and the date and time you accepted them.

3.4 These terms apply to the exclusion of any other terms you try to impose, including terms in a purchase order.

4. The Services

4.1 We grant you a non-exclusive, non-transferable right, for the length of your subscription, to allow your Authorised Users to use the Products you subscribe to for your internal business purposes.

4.2 The Services are software tools. They help you record, organise, check and submit information. They do not provide legal, regulatory or environmental advice, and they do not replace your own judgement or professional advice.

4.3 We may improve, change or withdraw features of the Services from time to time. We will not make a change that materially reduces the core functionality of a Product you have paid for during your current billing period without giving you at least 30 days’ notice. If such a change materially disadvantages you, you may cancel and we will refund any Fees paid in advance for the period after the change takes effect.

4.4 Some Products depend on Third-Party Services, and clause 9 applies to them.

5. Your Account and Authorised Users

5.1 You must give accurate information when you create your Account and keep it up to date.

5.2 You are responsible for:

(a) keeping log-in details secure and not sharing them between individuals;
(b) everything done under your Account, whether or not you authorised it, until you tell us that your Account has been compromised;
(c) making sure your Authorised Users comply with these terms; and
(d) removing access for anyone who should no longer have it.

5.3 Tell us straight away at [SUPPORT EMAIL] if you think someone has gained unauthorised access to your Account.

6. Acceptable use

6.1 You must not, and must not allow anyone else to:

(a) use the Services for any unlawful purpose, or to submit information you know or suspect to be false or misleading;
(b) copy, modify, reverse engineer, decompile or create derivative works from the Services, except as the law allows and cannot be excluded;
(c) resell, sublicense or provide the Services to third parties, or use them to build a competing product;
(d) access the Services by automated means (such as scraping or bots) other than through an interface we provide for that purpose;
(e) attempt to bypass security, rate limits or usage restrictions, or test the vulnerability of the Services without our written permission;
(f) upload anything containing viruses or other harmful code; or
(g) use the Services in a way that could damage, overload or impair them, or interfere with other customers’ use.

6.2 If you breach this clause we may suspend your access under clause 15.

7. Subscriptions, billing and cancellation

7.1 Plans. Each Product is sold as a subscription on either a Monthly Plan or an Annual Plan. The price for your Plan is shown at checkout.

7.2 Monthly Plans. A Monthly Plan is billed in advance each month from the date of your first payment. It renews automatically each month until cancelled. You can cancel at any time. Cancellation takes effect at the end of the month you have already paid for, and you keep access until then.

7.3 Annual Plans. An Annual Plan is a commitment to 12 months of service, billed monthly, at a discounted rate.

(a) The commitment starts on the date of your first payment.
(b) You may give notice to cancel at any time. Monthly payments continue until the end of the 12-month commitment, your access continues for the same period, and the subscription then ends.
(c) When the 12-month commitment ends, the Plan continues on a rolling monthly basis at the same price until cancelled, and clause 7.2 applies from then on. You can choose to start a new 12-month commitment at any time. We will remind you by email and by a notice in the Services at least 30 days before the commitment ends.

7.4 DWT Direct Receiving Sites. DWT Direct is priced per Receiving Site.

(a) Adding a Receiving Site is charged immediately for the rest of the current billing period, and your renewal date stays the same.
(b) If you remove a Receiving Site, its paid place stays available until your next renewal date. You can reuse it without charge until then. From the renewal date you are billed for the Receiving Sites still in use, with a minimum of one.

7.5 Payment. Payment is by card through our payment provider, Stripe. You authorise us to take recurring payments for your Plan. If a payment fails, we will retry it and tell you by email. If payment is still outstanding after the retries, submissions to Defra are paused until the account is paid. Your records, receipts and waste tracking IDs remain available to you throughout.

7.6 No part-period refunds. Except where these terms or the law say otherwise, Fees already paid are not refunded, including when you cancel or remove Receiving Sites during a billing period.

7.7 Defra charges. Any fee charged by Defra for its Digital Waste Tracking service is payable by you to Defra directly and is separate from your NEXXAA subscription.

7.8 Price changes. We will give you at least 30 days’ notice by email of any price change. The change applies from your next renewal. During an Annual Plan’s 12-month commitment, a price change does not apply until the commitment has ended.

7.9 VAT. We are not currently VAT registered, so no VAT is charged. If we become VAT registered, VAT will be added to the Fees at the applicable rate and we will tell you in advance.

7.10 Cancelling. You can cancel from your Account settings or by emailing [SUPPORT EMAIL]. We will confirm cancellation by email.

8. Your responsibilities and regulatory compliance

8.1 You remain solely responsible for your own legal and regulatory obligations. This includes your waste duty of care, waste tracking and record-keeping obligations, environmental permit conditions, operator licence obligations, and any obligation to check driving entitlement.

8.2 You are responsible for the accuracy, completeness and lawfulness of all Customer Data, and for checking information before it is submitted to Defra or any other authority. We submit, check or display information as you or your Authorised Users provide it. We do not verify that it is correct.

8.3 Using the Services does not transfer any of your legal obligations to us, and we do not act as your agent for regulatory purposes except to the limited extent of transmitting submissions you have authorised.

8.4 Results, alerts, checks and readiness scores produced by the Services are to help you. They are not a guarantee of compliance and are not legal advice. The absence of an alert does not mean there is no problem.

8.5 You must keep any records the law requires you to keep for the periods the law requires. The Services are not a substitute for your own record retention arrangements, and you should export and keep copies of records you are legally required to hold (see clause 15).

8.6 You must hold any consents, registrations, permits and authorisations needed for the activities you record or submit through the Services, including any Defra account or registration required to use Digital Waste Tracking.

9. Defra and other Third-Party Services

9.1 Some Products connect to Third-Party Services, including Defra’s Digital Waste Tracking service and DVLA services. We do not control those services and are not responsible for their availability, performance, accuracy, changes, or any charges they make.

9.2 If a Third-Party Service is unavailable, changes its interface or rules, or rejects a submission, we will use reasonable efforts to tell you and to adapt the Services, but we are not liable for any resulting delay, failed submission or loss. You remain responsible for meeting any deadline or obligation by another route if the Services cannot.

9.3 Where a submission to Defra is made through the Services, the record held by Defra is the authoritative record. Records shown in the Services are a copy for your convenience.

9.4 If Defra or another authority changes or withdraws the service a Product depends on, we may change or withdraw that Product. If we withdraw it, we will give you as much notice as we reasonably can, and you may cancel and receive a refund of Fees paid in advance for the period after withdrawal.

10. Customer Data and data protection

10.1 You own your Customer Data. You grant us a licence to host, copy, process and transmit it only as needed to provide the Services, to meet our legal obligations, and as set out in these terms.

10.2 We may use anonymised and aggregated data derived from use of the Services, which does not identify you or any individual, to operate, secure and improve the Services.

10.3 In this clause, “UK GDPR”, “controller”, “processor”, “personal data” and “processing” have the meanings given in the UK GDPR and the Data Protection Act 2018. For personal data within Customer Data, you are the controller and we are the processor. We process personal data about your Account contacts for our own business purposes as a controller, as described in our Privacy Policy at [PRIVACY POLICY URL].

10.4 You confirm that you have a lawful basis for the personal data you put into the Services, and that you have given any notices needed to the individuals concerned.

10.5 When processing personal data on your behalf, we will:

(a) process it only on your documented instructions, which are these terms and your use of the Services, unless the law requires otherwise, in which case we will tell you unless the law prevents us;
(b) ensure that people authorised to process it are bound by confidentiality;
(c) take appropriate technical and organisational measures to protect it, as required by Article 32 of the UK GDPR;
(d) help you, taking into account the nature of the processing, to respond to requests from individuals exercising their rights, and to meet your obligations on security, breach notification, impact assessments and consultation with the regulator;
(e) tell you without undue delay after becoming aware of a personal data breach affecting your data;
(f) at your choice, delete or return the personal data at the end of the Services, as set out in clause 15, unless the law requires us to keep it; and
(g) make available the information reasonably needed to demonstrate our compliance with this clause, and allow for reasonable audits, at your cost and on reasonable notice.

10.6 You authorise us to use sub-processors, including Stripe and our hosting and infrastructure providers, listed at [SUB-PROCESSOR PAGE URL]. We will tell you before adding or replacing a sub-processor, and you may object on reasonable data protection grounds. We will put terms in place with each sub-processor that give the same level of protection as this clause, and we remain responsible for them.

10.7 If personal data is transferred outside the UK, we will make sure the transfer is covered by an adequacy regulation or appropriate safeguards under the UK GDPR.

10.8 We back up Customer Data regularly. You are still responsible for keeping your own copies of records you are legally required to hold.

11. Intellectual property

11.1 We and our licensors own all intellectual property rights in the Services, including the software, design, content and documentation. Apart from the right to use the Services in clause 4, nothing in these terms gives you any rights in them.

11.2 If you give us feedback or suggestions, we may use them freely without any obligation to you.

12. Confidentiality

12.1 Each of us will keep confidential any non-public information the other discloses that is marked as confidential or would reasonably be understood to be confidential, and will use it only to perform or receive the Services.

12.2 This does not apply to information that is or becomes public other than through a breach of these terms, that the recipient already lawfully had, or that the recipient develops independently. Either of us may disclose confidential information where required by law, a court or a regulator, giving the other notice where lawful.

12.3 This clause continues for three years after the contract ends.

13. Availability and support

13.1 We will use reasonable efforts to make the Services available at all times, but we do not guarantee that they will be uninterrupted or error-free. We may carry out planned maintenance and will try to do so outside normal UK business hours and give notice where practical.

13.2 Support is provided by email at [SUPPORT EMAIL] during [SUPPORT HOURS], UK time, excluding public holidays in England.

13.3 You are responsible for your own internet connection, devices and browsers.

14. Our liability to you

14.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

14.2 Subject to clause 14.1, we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

(a) loss of profits, revenue, business, contracts or anticipated savings;
(b) loss of goodwill or reputation;
(c) any fine, penalty, fixed penalty notice, enforcement action or regulatory sanction imposed on you, or any cost of responding to one, except to the extent it results directly from our breach of these terms and would not have arisen had you complied with clause 8;
(d) loss or corruption of data, except that we will use reasonable efforts to restore Customer Data from our most recent backup; or
(e) any indirect or consequential loss.

14.3 Subject to clause 14.1, our total liability to you arising out of or in connection with these terms in any 12-month period is limited to the total Fees you paid us in the 12 months immediately before the event giving rise to the claim.

14.4 Except as expressly stated in these terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent the law allows.

14.5 You will reimburse us for any losses, costs and liabilities we incur as a result of a third-party claim arising from Customer Data, from your breach of clause 6, or from your breach of data protection law.

15. Suspension, termination and your data

15.1 Suspension. We may suspend access to all or part of the Services, with notice where practical, if you breach clause 6, if we reasonably believe your Account is being used fraudulently or unlawfully or poses a security risk, or if required by law or a regulator. Suspension for non-payment works as set out in clause 7.5. We will restore access as soon as the reason for suspension is resolved.

15.2 Termination by either of us. Either of us may end the contract immediately by written notice if the other:

(a) commits a material breach that cannot be remedied, or does not remedy a remediable breach within 14 days of being asked to; or
(b) becomes insolvent, enters administration or liquidation, makes an arrangement with creditors, or stops trading.

15.3 Effect of termination. When the contract ends, your right to use the Services stops, except for the read-only access in clause 15.4. Any Fees due up to the end of the contract, including the remaining Fees for an Annual Plan commitment where we end the contract because of your breach, become payable immediately.

15.4 Exporting your data. For 12 months after the contract ends, you can log in with read-only access to view and export your Customer Data in the formats the Services make available. You cannot create, edit or submit records during this period. You can ask us to delete your Customer Data sooner. Some records must be kept for longer than 12 months by law, so it is your responsibility to export and keep copies of any records you need.

15.5 Deletion. When that 12-month period ends, or sooner if you ask, we will delete your Account and Customer Data within 90 days, except where the law requires us to keep it or it remains in routine backups, which are overwritten in the normal course. Clause 10 continues to apply to any data we retain.

15.6 Clauses that by their nature should continue after the contract ends, including clauses 8, 10, 11, 12, 14, 15 and 17, will continue.

16. Changes to these terms

16.1 We may change these terms. We will give you at least 30 days’ notice by email of any change that materially affects you. Changes apply from your next renewal date, or from a later date we specify.

16.2 If you do not accept a change, you may cancel before it takes effect. On an Annual Plan, if a change materially disadvantages you, you may cancel with effect from the date the change would apply, without paying the remaining commitment.

16.3 We may make changes needed to comply with law or a regulator’s requirements, or to fix errors or make changes that do not disadvantage you, with shorter or no notice.

17. General

17.1 Force majeure. Neither of us is liable for delay or failure caused by events outside our reasonable control, including failures of Third-Party Services, internet or power outages, and actions of government or regulators. This does not excuse payment of Fees.

17.2 Assignment. You may not transfer your rights under these terms without our written consent. We may transfer them to a company in our group or to a buyer of our business, and will tell you if we do.

17.3 Subcontracting. We may use subcontractors to provide the Services and remain responsible for them.

17.4 Notices. Notices under these terms must be in writing and may be sent by email: to us at [SUPPORT EMAIL], and to you at the email address on your Account. An email notice is treated as received on the next business day after sending.

17.5 Entire agreement. These terms, together with the details of your Plan at checkout, are the whole agreement between us about the Services. Each of us confirms we have not relied on any statement not set out in them, but this does not limit liability for fraud.

17.6 Waiver. A delay in enforcing a right does not waive it.

17.7 Severance. If any part of these terms is found to be invalid or unenforceable, the rest continues in force.

17.8 Third parties. No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

17.9 No partnership. Nothing in these terms creates a partnership, joint venture or agency between us, except as stated in clause 8.3.

18. Governing law and disputes

18.1 These terms, and any dispute or claim arising out of or in connection with them, are governed by the law of England and Wales.

18.2 Before starting court proceedings, each of us will try in good faith to resolve a dispute by discussion between senior representatives within 30 days of written notice of it. This does not prevent either of us seeking urgent relief from a court.

18.3 The courts of England and Wales have exclusive jurisdiction.