Terms and Conditions

1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for website designs done under the Total Revamp Package and apply to all contracts and all work undertaken by N.Creatives, Inc. for its clients.

2. FEES AND DEPOSITS

A 50% deposit of the total fee is due immediately upon booking us for website design and development work. In the absence of an individualized payment plan (worked out and agreed to by both of us), the remaining 50% shall become due 30 days after the initial payment.

If the remainder of your payment isn’t received within 5 days after the invoice is sent, we reserve the right to cancel your project with a nonrefundable deposit. If your project has already been completed, late fees of $25/day will be added on for every day after the 5th business day of a late payment.

3. REFUNDS

If you need a refund for any reason before your project starts, let us know within 30 days and we’ll refund in full. That said, once your project has kicked off or completed, the project fee is no longer refundable.

I don’t offer refunds on courses, training or downloads after they start or access has been granted. However, your satisfaction is my #1 priority, so always feel free to email me at info@ncreatives.com to let me know why you’re unsatisfied and I’ll do whatever I can to meet your needs

4. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to cancel the project or consider the work already completed.

5. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.

6. PROJECT DELAYS AND CLIENT AVAILABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and timely delivery of content and photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that you make yourself reasonably available for the duration of the project in order to expedite the feedback process.

7. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, major revisions cannot subsequently be requested and the contract will be deemed to have been completed.

8. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

9. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

10. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

11. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

12. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of N.Creatives, Inc. under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

13. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

14. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

15. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

16. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

18. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the United States of America. You and N.Creatives, Inc. submit to the non-exclusive jurisdiction of the courts in and of the state of Virginia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

19. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “WordPress”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

20. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify N.Creatives, Inc. and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.