Effective Date: October 2, 2026

These Terms and Conditions (“Terms”) govern your access to and use of nextgenofstaffing.com, any related websites, communications, and services offered by NextGen Marketing LLC d/b/a NextGen Outsourcing (“NextGen,” “NextGen Outsourcing,” “we,” “us,” or “our”).

NextGen Marketing LLC is a Nebraska limited liability company with a mailing address of:

811 D Ave
Kearney, Nebraska 68847

By accessing our website, submitting information to us, engaging NextGen Outsourcing for services, accepting services from a contractor introduced or coordinated by NextGen, or otherwise using our services, you agree to these Terms.

If you do not agree to these Terms, you should not use our website or services.

Certain clients or contractors may also enter into separate written agreements with NextGen. If a separately signed written agreement directly conflicts with these Terms regarding the same subject matter, the signed agreement will control to the extent of that conflict.

1. About NextGen Outsourcing

NextGen Outsourcing provides contractor sourcing, placement, coordination, administrative support, and related remote outsourcing services for businesses.

NextGen may identify, screen, introduce, coordinate, and facilitate relationships with remote assistants and other independent service providers (“Contractors”).

Contractors may perform services including, but not limited to:

• administrative support;
• customer service;
• appointment setting;
• telephone support;
• CRM management;
• scheduling;
• data entry;
• sales support;
• routing;
• bookkeeping support; and
• other remote office or business-support functions.

The specific services, schedule, pricing, responsibilities, and scope of work may vary depending on the client and Contractor selected.

2. NextGen Is a Contracting and Outsourcing Service

NextGen Outsourcing operates as a provider of remote contracting and outsourcing services.

Unless otherwise expressly agreed in writing or required by applicable law, individuals providing remote services through NextGen are engaged as independent contractors and are not hired by NextGen as traditional employees.

Nothing in these Terms is intended to create an employer-employee relationship, partnership, joint venture, franchise, fiduciary relationship, or other relationship except as expressly stated.

The actual legal classification of any working relationship is determined by applicable law and the facts and circumstances of that relationship, and no contractual label overrides applicable law.

3. Client Relationship

Clients engage NextGen Outsourcing to provide remote contracting services.

The client generally pays NextGen for the contracted services, and NextGen manages the sourcing, coordination, and payment of the Contractor performing those services.

Unless specifically approved by NextGen in writing, clients do not directly pay Contractors.

Pricing may vary based on factors including:

• the type of Contractor;
• experience;
• requested schedule;
• hours worked;
• scope of services;
• location;
• specialized skills; and
• other agreed terms.

Any specific pricing communicated through a service agreement, invoice, proposal, order form, or other written agreement will control.

4. Contractor Relationship

Contractors providing services through NextGen operate as independent service providers unless applicable law requires otherwise.

Unless otherwise required by law or expressly agreed in writing, Contractors are not entitled to employee benefits from NextGen, including:

• health insurance;
• paid vacation;
• paid sick leave;
• retirement benefits;
• unemployment benefits;
• workers’ compensation benefits; or
• other employee benefits.

Contractors generally provide their own:

• computer;
• internet access;
• telephone or headset;
• workspace;
• equipment;
• and other tools necessary to perform their services.

Contractors are responsible for maintaining any registrations, tax documentation, licenses, permits, or other legal requirements applicable to their own activities.

5. Client Direction of Contracted Services

Clients are responsible for determining the business tasks that need to be completed and the desired results of the Contractor’s work.

Clients may establish company-specific procedures, priorities, workflow expectations, account access, customer-service standards, scheduling requirements, and other instructions related to the services being performed for the client’s business.

Clients are responsible for ensuring that all instructions given to Contractors are lawful and comply with applicable contractor, privacy, consumer-protection, telecommunications, and other applicable laws and regulations.

NextGen is not responsible for unlawful, misleading, discriminatory, fraudulent, or otherwise improper instructions provided by a client.

6. No Guarantee of Particular Contractor Availability

NextGen may assist with finding and coordinating Contractors, but NextGen does not guarantee that any particular Contractor will remain available indefinitely.

Contractors may discontinue providing services, clients may request a different Contractor, and NextGen may determine that a particular Contractor-client relationship should be discontinued.

7. Billing and Payment

Unless otherwise agreed in writing, clients are billed in advance for contracted services.

Billing is generally conducted on a biweekly basis, although pricing, billing frequency, and payment amounts may vary depending on the Contractor, hours, and service arrangement.

By providing a payment method to NextGen, the client authorizes NextGen and its authorized third-party payment processor to charge that payment method for amounts due under the client’s service arrangement.

NextGen currently utilizes third-party payment processors, including Stripe, to facilitate payments and maintain authorized payment methods.

Clients may update their payment information at any time through an available payment-management method or by contacting NextGen.

8. Automatic Payments

Where recurring billing has been authorized, the client authorizes NextGen to automatically process payments according to the agreed billing schedule.

The client is responsible for maintaining a valid payment method.

If payment fails, is declined, or becomes overdue, NextGen may suspend Contractor services until the outstanding balance is paid.

9. No Refunds

Except where required by applicable law or expressly agreed in writing, payments made to NextGen are nonrefundable.

This may include payments for:

• Contractor services;
• sourcing;
• recruiting;
• placement;
• setup;
• finder fees; and
• other services already initiated or provided.

If a Contractor becomes unavailable or is replaced, any qualifying unused prepaid service time may be transferred or credited toward services performed by a replacement Contractor.

Unused service time does not create a right to a cash refund.

10. Replacement Guarantee

If a client reasonably determines that a Contractor is not a good fit, or a Contractor becomes unavailable, NextGen may provide a replacement Contractor without charging an additional placement or replacement fee.

NextGen will make commercially reasonable efforts to identify an appropriate replacement.

NextGen does not guarantee that:

• a replacement will be immediately available;
• a replacement will possess identical experience, skills, or characteristics; or
• a replacement will be found within a particular period.

Unless otherwise agreed in writing, qualifying unused prepaid service time may be applied toward the replacement Contractor.

11. Cancellation

Clients may cancel services at any time.

NextGen requests at least seven days’ written notice whenever reasonably practicable so Contractor services and account responsibilities can be transitioned appropriately.

Contractors are likewise requested to provide at least seven days’ notice before discontinuing services whenever reasonably practicable.

Amounts already paid remain subject to the no-refund provisions of these Terms.

12. Termination by NextGen

To the extent permitted by applicable law, NextGen may suspend or terminate its relationship with a client or Contractor at any time, with or without cause.

Reasons for suspension or termination may include:

• nonpayment;
• abusive or threatening conduct;
• misuse of services;
• unlawful activity;
• violation of these Terms;
• security concerns;
• risk to a client, Contractor, NextGen, or third party;
• fraudulent conduct; or
• circumstances making continuation of the relationship impractical.

13. Non-Circumvention and Direct Hiring

Clients may not circumvent NextGen by directly or indirectly hiring, engaging, compensating, contracting with, or arranging separate services with a Contractor introduced, sourced, recruited, placed, coordinated, or otherwise provided by NextGen without NextGen’s prior written approval.

This restriction applies during the client’s relationship with NextGen and for two years following the conclusion of the client’s relationship with NextGen, to the extent permitted and enforceable under applicable law.

Circumvention may include:

• paying a Contractor directly;
• contracting with the Contractor independently;
• moving the Contractor to another business owned or controlled by the client;
• engaging the Contractor through another staffing or outsourcing company;
• using a third party to hire or compensate the Contractor; or
• entering into another arrangement intended to bypass NextGen.

Direct-Hire / Conversion Fee

If a client directly or indirectly engages a Contractor in violation of this section, the client agrees to pay NextGen a conversion fee equal to six months of the amount that would otherwise have been payable to NextGen for that Contractor’s services, unless a different amount has been agreed in writing.

The parties acknowledge that unauthorized circumvention may cause recruiting costs, replacement costs, operational disruption, administrative costs, and lost revenue that may be difficult to determine precisely.

14. No Direct Payment to Contractors

Unless specifically authorized in writing by NextGen, clients may not directly pay or otherwise compensate a Contractor for services provided as part of the client’s NextGen service arrangement.

Payments for those services must be made through NextGen.

15. Tax Documentation and Responsibilities

Contractors are responsible for their own tax obligations and for providing NextGen with appropriate tax documentation.

U.S. persons may be required to provide a completed Form W-9, while non-U.S. persons may be required to provide Form W-8BEN or other applicable documentation.

Contractors remain solely responsible for determining and satisfying their own federal, state, local, and foreign tax obligations, as applicable.

The IRS specifically instructs U.S. citizens, even those residing outside the United States, to use Form W-9 rather than Form W-8BEN to document U.S.-person status. IRS

16. International Contractors

NextGen may engage Contractors who live or perform services outside the United States, including individuals residing in Mexico.

Contractors are responsible for complying with laws applicable to them in their country, state, province, municipality, or other jurisdiction.

Clients acknowledge that international Contractors may be subject to legal, tax, privacy, communications, or business requirements that differ from those applicable to the client.

17. Confidential Information

Contractors may receive access to confidential or sensitive client information as reasonably necessary to perform services.

This may include:

• CRM records;
• customer information;
• telephone numbers;
• email addresses;
• passwords;
• account credentials;
• business procedures;
• customer lists;
• pricing;
• internal documents;
• financial information;
• software systems; and
• other proprietary or confidential information.

Clients should provide Contractors only the information and system access reasonably necessary to perform assigned services.

18. Confidentiality Obligations

Contractors may be required to maintain the confidentiality of information obtained while providing services.

Contractors may not knowingly disclose or misuse confidential client information except:

• as necessary to perform authorized services;
• with appropriate authorization; or
• where disclosure is required by law.

Confidentiality obligations may survive termination of the Contractor relationship where applicable.

19. Client Responsibility for Data and Security

Clients remain responsible for their own cybersecurity practices, account permissions, passwords, confidential information, data storage, backups, and internal access policies.

Clients are responsible for determining what systems and information a Contractor may access.

NextGen does not guarantee that a Contractor, computer system, third-party platform, communication service, or remote-working environment will be completely free from:

• unauthorized access;
• security incidents;
• accidental disclosure;
• malware;
• data loss;
• credential compromise; or
• other cybersecurity risks.

Clients should use reasonable precautions, including limiting permissions, providing individual credentials when possible, changing passwords when necessary, and promptly terminating Contractor access when the relationship ends.

20. Disclaimer Regarding Contractor Conduct

NextGen may conduct screening, interviews, qualification procedures, training assistance, reference review, or other evaluation as NextGen considers appropriate.

However, no recruiting, screening, interview, or selection process can guarantee future performance or conduct.

To the fullest extent permitted by law, NextGen does not guarantee a Contractor’s:

• work quality;
• productivity;
• honesty;
• accuracy;
• reliability;
• responsiveness;
• continued availability;
• behavior; or
• suitability for every assignment.

Clients are responsible for reviewing Contractor work and maintaining appropriate controls over their own business operations and systems.

21. No Business-Result Guarantee

NextGen does not guarantee any particular business result from the use of its services or Contractors.

This includes any guarantee regarding:

• revenue;
• sales;
• appointments;
• lead conversion;
• profits;
• customer retention;
• productivity;
• cost savings;
• response rates;
• business growth; or
• return on investment.

Any projections, examples, case studies, estimates, testimonials, or marketing representations are illustrative only and do not guarantee future results.

22. Client Responsibilities

Clients agree to:

• provide lawful and accurate instructions;
• maintain appropriate account and data security;
• review Contractor work as appropriate;
• provide training concerning client-specific processes;
• provide information reasonably necessary for services;
• comply with laws applicable to their business and their use of Contractor services;
• timely pay all amounts owed;
• avoid abusive, discriminatory, threatening, fraudulent, or unlawful conduct; and
• promptly notify NextGen of material performance, security, or compliance concerns.

23. Contractor Responsibilities

Contractors agree to:

• perform services professionally;
• provide accurate information about their qualifications;
• maintain reasonable confidentiality;
• safeguard client credentials and information;
• follow lawful client instructions;
• comply with applicable laws;
• maintain the equipment and connectivity reasonably necessary to provide services;
• communicate material interruptions in service; and
• maintain appropriate tax and identification documentation.

24. Independent Business Responsibilities

Nothing in these Terms guarantees a Contractor:

• a minimum number of hours;
• continuous assignments;
• indefinite work;
• any particular client;
• any particular compensation rate for future work; or
• continued access to opportunities through NextGen.

Unless otherwise agreed in writing, Contractors are responsible for their own operating expenses and business expenses.

25. Email and SMS Communications

By providing an email address or telephone number to NextGen, clients, Contractors, applicants, and website users consent to receiving communications related to their relationship with NextGen, including:

• account communications;
• onboarding;
• scheduling;
• billing;
• Contractor placement;
• service updates;
• support;
• recruiting; and
• other operational matters.

Where required by applicable law, promotional or marketing communications will be sent only with appropriate consent.

Message and data rates may apply.

Where applicable, recipients may opt out of promotional SMS communications by following the opt-out instructions contained in the message, including replying STOP.

26. Third-Party Services

NextGen may rely on third-party service providers including:

• Stripe;
• CRM systems;
• email platforms;
• telecommunications providers;
• scheduling services;
• hosting providers;
• payment processors;
• and other business software.

NextGen is not responsible for outages, interruptions, security incidents, policy changes, errors, or failures caused by third-party services outside NextGen’s reasonable control.

Use of certain third-party platforms may also be subject to those providers’ separate terms and policies.

27. Website Use

You may not use the NextGen website or services to:

• violate applicable law;
• impersonate another person;
• commit or facilitate fraud;
• transmit malware or harmful code;
• interfere with website operations;
• attempt unauthorized access;
• scrape or harvest information without authorization;
• transmit unlawful, threatening, abusive, or obscene material;
• infringe intellectual-property rights; or
• intentionally damage NextGen, its systems, its Contractors, its clients, or another person.

28. Intellectual Property

Unless otherwise expressly stated, the website, branding, logos, graphics, written materials, design elements, processes, software, and other content made available by NextGen are owned by or licensed to NextGen Marketing LLC and are protected by applicable intellectual-property laws.

Accessing or using the website does not transfer ownership of NextGen’s intellectual property.

29. Website Information

Information appearing on the website is provided for general informational and marketing purposes.

NextGen makes reasonable efforts to maintain accurate information but does not warrant that all website content is complete, current, error-free, or applicable to every person’s circumstances.

Pricing, services, Contractor availability, features, and other information may change from time to time.

30. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTGEN’S WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NEXTGEN DISCLAIMS WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

Nothing in these Terms excludes a warranty or right that applicable law does not permit to be excluded.

31. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTGEN MARKETING LLC, NEXTGEN OUTSOURCING, AND THEIR OWNERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, A CONTRACTOR, OR THE USE OF CONTRACTOR SERVICES.

This includes, without limitation:

• lost revenue;
• lost profits;
• lost business opportunities;
• business interruption;
• loss or corruption of data;
• loss of customers;
• reputational harm;
• unauthorized disclosure by a Contractor; or
• losses resulting from Contractor mistakes, omissions, or misconduct.

Maximum Liability

To the fullest extent permitted by applicable law, NextGen’s total aggregate liability arising out of or relating to services provided to a client will not exceed the total amount actually paid by that client to NextGen during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded.

32. Contractor Actions

Contractors are independent service providers.

To the fullest extent permitted by applicable law, NextGen will not be responsible for claims resulting solely from a Contractor’s unauthorized, unlawful, or intentional conduct outside the scope of services authorized by NextGen or the client.

Nothing in this section eliminates liability that applicable law prohibits NextGen from excluding.

33. Indemnification

To the fullest extent permitted by applicable law, clients agree to defend, indemnify, and hold harmless NextGen Marketing LLC, NextGen Outsourcing, and their owners, officers, members, managers, employees, agents, representatives, and affiliates from claims, losses, damages, liabilities, expenses, and reasonable attorneys’ fees arising out of or relating to:

• the client’s unlawful instructions;
• misuse of Contractor services;
• the client’s violation of applicable law;
• privacy or data practices controlled by the client;
• telephone, SMS, email, or marketing activities performed at the client’s direction;
• information provided by the client;
• the client’s products or services;
• the client’s relationship with its customers; or
• the client’s breach of these Terms or a separate service agreement.

This section does not require indemnification for liability that applicable law does not permit to be transferred.

34. Force Majeure

NextGen will not be responsible for delay or failure to perform caused by events beyond its reasonable control, including:

• internet or telecommunications outages;
• power failures;
• natural disasters;
• severe weather;
• governmental action;
• war;
• civil unrest;
• epidemics or public-health emergencies;
• labor disruptions;
• payment-system failures; or
• failures of third-party technology or service providers.

35. Governing Law

These Terms and disputes arising out of or relating to them will be governed by the laws of the State of Nebraska, without regard to conflict-of-law principles, except where another law must apply.

36. Venue and Jurisdiction

Unless the parties have entered into a separate enforceable arbitration agreement or applicable law requires otherwise, legal proceedings arising out of or relating to these Terms or NextGen’s services shall be brought in a court of competent jurisdiction in Buffalo County, Nebraska, to the extent permitted by law.

Each party consents to jurisdiction and venue in Nebraska subject to applicable law.

Nebraska law expressly addresses written agreements selecting Nebraska as a forum and identifies circumstances under which Nebraska courts will entertain an action based on such an agreement. Nebraska Legislature

37. Attorneys’ Fees and Collection Costs

To the extent permitted by applicable law and any applicable written agreement, a party that materially breaches its payment obligations or other contractual obligations may be responsible for reasonable costs incurred in enforcing those obligations, including reasonable collection costs and attorneys’ fees.

Where a separately signed agreement contains a more specific provision regarding attorneys’ fees, that agreement will control.

38. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified or limited to the minimum extent necessary where permitted by law.

The remaining provisions will continue in full force and effect.

39. No Waiver

NextGen’s failure to enforce any provision of these Terms does not waive its right to enforce that provision or any other provision later.

40. Assignment

Clients may not assign or transfer their rights or obligations under these Terms without NextGen’s prior written consent.

NextGen may assign or transfer its rights and obligations in connection with a merger, acquisition, sale of assets, reorganization, business transfer, or similar transaction.

41. Electronic Agreements and Signatures

The parties agree that electronic records, online acceptance, electronic signatures, electronically submitted forms, checkboxes, payment authorizations, and other forms of electronic consent may be used to form and evidence agreements where permitted by applicable law.

Nebraska’s Uniform Electronic Transactions Act provides that a record, signature, or contract generally may not be denied legal effect solely because it is electronic, and an electronic signature may satisfy a legal signature requirement. Nebraska Legislature

42. Changes to These Terms

NextGen may revise these Terms from time to time.

Updated Terms will be posted on the website with a revised effective date.

Unless otherwise required by law or agreed in writing, updated Terms will apply prospectively beginning on their stated effective date.

A change to these website Terms will not automatically override a conflicting provision of an existing separately signed agreement unless expressly agreed by the applicable parties.

43. Entire Agreement and Separate Service Agreements

These Terms, together with any applicable Privacy Policy and any separately executed service agreement, contain the applicable terms governing the use of NextGen’s website and services.

Where a separately signed service agreement contains different terms concerning pricing, billing, cancellation, service scope, fees, guarantees, or other matters, the separately signed agreement will control regarding those matters.

44. Age and Authority

You must be at least 18 years old to enter into a service arrangement with NextGen.

If you accept these Terms or engage NextGen on behalf of a company or other legal entity, you represent that you have authority to bind that organization.

45. Contact Information

Questions concerning these Terms may be directed to:

NextGen Marketing LLC
d/b/a NextGen Outsourcing
811 D Ave
Kearney, Nebraska 68847