Terms and Conditions - Nine by Nine Design Mobile Websites
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Terms and Conditions

You, the “Customer” are hiring Nine by Nine Design, according to the Nine by Nine Design Agreement Form, to complete the designs outlined in the “Project” section for the total price outlined in the “Payments” section, and/or following the related “Payment plan”. Upon giving Nine by Nine Design your credit card details, the Customer permits Nine by Nine Design to charge the card following the agreed “Payment plan” or otherwise for the full amount. The Customer agrees that Nine by Nine Design holds the right to cease all related projects until the appropriate payment(s) have been made as seen in the “Payments” section; and that all payments are final and non-refundable. Nine by Nine holds the right to terminate this agreement at any time for any reason deemed reasonable.

Content

The Customer agrees that Nine by Nine Design is not liable for errors in online or published content due to incorrect, misleading or inappropriate information sent to Nine by Nine Design, or, where the Customer caused errors on a website by making changes in the back end; thus Nine by Nine Design deems itself not responsible for those changes and may charge reasonable hourly design fees when applicable to correct the errors. The customer will pay for any legal or administrative fees arising due to errors in content as mentioned above or related legal damages. Some generalized content such as contact pages, titles, calls to action or footers may be designed, created and written by Nine by Nine Design; whereas Nine by Nine Design will not be held liable for minor errors, and allowed a reasonable time frame to make necessary corrections.

Timeline and payment

The Customer agrees that they and Nine by Nine Design may hold different views as to when a project is complete; thus it may be disputed as to when a project should be closed; whereas the Customer will defer to paying any owing amounts in full immediately if the project deadline date has passed. It is thus agreed that Nine by Nine Design will monitor and allocate sufficient hours for any given web design project; whereas “Light” website packages are estimated to take 10-20 hours to complete, “Starter” packages require 20-30 hours, “Basic” packages require 30-40 hours, “Premium” packages require 40-50 hours and “eCommerce” packages require 60-70 hours respectively Once the above mentioned hours have been committed to a project, where Nine by Nine Design has offered ample revisions, quality design, and provided the promised services stated in this agreement form, Nine by Nine Design deems the right to close the project and request the final payment. Note that only web design projects, projects exceeding $500 CDN offer amortized rates; any other design project rate(s) that the Customer wishes to be amortized must be requested to Nine by Nine Design in writing and specified on a given contract or correspondence; thus Nine by Nine Design holds the right to put on hold or close any related project where appropriate or until an appropriate payment plan has been agreed between Nine by Nine Design and the Customer.

Leniency

The Customer agrees that web and graphic design-related work requires the use of modern equipment and technology, thus on occasion, there may be minor delays in design projects and meeting their respective deadlines, or servers being down with a web hosting provider for a short time. The Customer will allow a reasonable additional time frame, up and above the deadline listed in the Agreement Form, if needed, to complete projects in this instance or contact Nine by Nine Design directly to discuss and resolve their concerns with reason, using a professional courtesy. The Customer understands that Nine by Nine Design is not a web registrar or hosting company, thus will not be held liable for loss of data or data breach due to errors made in part by a third party web registrar or hosting company, such as website backup loss or data breach into the website nor from individuals hacking into their website.

Reliability

Nine by Nine Design will uphold professional standards, providing ongoing customer service and technical support to assist the Customer resolve most
issues they are facing within the projects undertaken in the Agreement Form; with the exception of third party hosting issues out of the control of Nine by
Nine Design. Nine by Nine Design promises to backup all content provided by the Customer or custom designed graphics by Nine by Nine Design.

Cancellation

The Customer agrees to pay 10% of the hourly rate (10% of $40/hr = $4) multiplied by the remaining hours for the project in question. If the project is unrelated to web design or has no set measurable hours associated with it, Nine by Nine Design shall calculate the remaining hours using the Project hours allocated in the Agreement Form for the project in question. For example, if the project in question is a Premium website package (60hrs allocated for design) and 40hrs remain for the project, multiply $4 x 40hrs, for a total of $160 in cancellation fees.

Designer and customer rights

Nine by Nine Design holds the right to maintain and back up all and any design-related files associated within the Agreement Form for up to 3 years; whereas the design work may be used to showcase Nine by Nine Design’s portfolio or works completed officially by Nine by Nine Design on the https://ninebyninedesign.com website or printed materials. Nine by Nine Design and the Customer shall hold themselves responsible to the “Deliverables” mentioned in the Agreement Form.

Legal information

The Customer understands that the Agreement Form is legally binding and has been put in place for the protection of the Customer as well as Nine by Nine Design’s rights and may be updated occasionally online via the https://ninebyninedesign.com website. The Agreement Form may not be revised or amended once signed and jobs in the “Project” section have begun; whereas any new projects must be created using a new agreement form as overseen by Nine by Nine Design.

Contact

If you have any questions, concerns or complaints about our Privacy Policy, do not hesitate to contact us via email or text message anytime, or phone during regular business hours, 9:00am-6:00pm Monday-Friday.

Nine by Nine Design, 4148 Kenny Court, Burnaby, BC, V5J1L3
Website: www.ninebyninedesign.com
Phone: 604.339.3854
Email: jesse.nuytten@ninebyninedesign.com

This Agreement was last modified on September 26, 2016.