TERMS AND CONDITIONS
Please read these Terms and Conditions (“T&C”) carefully.
This project agreement is between NGNG Enterprises, Inc. (“Company”, “we”, or “us”) and “You” the customer.
We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by placing your order you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not place your order.
We will always do our best to meet your needs and goals; however, sometimes it is best to have a few simple things written down so we both know who should do what, and what happens if something goes wrong. In this agreement, you will not find large passages of complicated legal language. We have no desire to trick you into signing an agreement you might later regret. We do want what’s best for both parties, now and in the future.
You are hiring NGNG Enterprises, Inc., for branding, messaging, website development, business consulting and/or general business support as titled on your invoice, for the amount that appears on your invoice and proposal.
WHAT DO BOTH PARTIES AGREE TO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us everything we need to complete the project including text, images, and other information when needed, and in the format we ask for. We will keep all information you provide to us, including but not limited to passwords, ideas, etc. discussed and shared, as confidential. You agree to review our work, provide feedback, and sign-off approval in a timely manner.
Deadlines work two ways, so we both will be bound by any dates we set together with the exception of a missed deadline due to your inability to supply information, required materials, or if you have not signed off on our work in a timely manner.
For website projects, our goal is to launch your website in a maximum of 6 months, and with your cooperation, we aim to launch within 1-2 months of your order date. All block of time orders operate within a 6 month usage window. Any unused time will expire after 6 months. Half of the unused time will be available again upon renewal. For consulting and book launch work, our timeline was already established in the proposal, and our plan is to execute that as agreed to.
You agree to make each of your payments on time and in full when ordering any current and future work-for-hire packages, products or consulting.
We are not able to guarantee the functions contained in any web page templates or in a completed website once we hand over the site to you, or guarantee results of a book launch or idea and therefore you agree we will not be held liable to you, or any third party, for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the work product, even if you have advised us of the possibilities of such damages.
If any provision of this agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
We know that regulations change and we endeavor to stay on top of all legal requirements for data protection from the EU’s GDPR (General Data Protection Regulations) to state by state guidelines (ex. California Consumer Privacy Act).
Often we are connected through social media and third party apps. We encourage you to review their privacy policies if you have any concerns and wish to opt-out from data sharing on their platforms.
We also work hard to ensure accessibility for the websites and products we produce in compliance with guidelines. This may include the use of third party apps at the request of our clients. We make no representations or warranties about the compliance of these third party apps. It is the responsibility of our clients to ensure compliance.
You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in the web site are either owned by you, or you have permission to use them.
You represent and warrant that no part of the work you provide to us infringes on anyone else’s copyrights, trademarks or other rights as provided by law. You hereby fully relieve, release, indemnify and save us from and against all liabilities, losses, causes of action, demands, damages, costs or expenses, directly or indirectly arising or in any way resulting from any infringement of the copyrights or trademarks of anyone else, and all attorney’s fees, costs and expenses in defense thereof.
We represent and warrant that no part of our work not attributable to you infringes on anyone else’s copyrights, trademarks or other rights as provided by law. We hereby fully relieve, release, indemnify and save you from and against all liabilities, losses, causes of action, demands, damages, costs or expenses, directly or indirectly arising or in any way resulting from any infringement of the copyrights or trademarks of anyone else, and all attorney’s fees, costs and expenses in defense thereof.
We own the XHTML markup, CSS and other code and we license it to you a non-exclusive, transferable, royalty-free, worldwide license to use it in perpetuity, for unlimited use on only this Project, so long as all invoices are paid in full. More simply, this means we use programming code on your website, and by granting license rights to you, it enables us to use that same or similar programming code on other websites so we stay in business.
We love to show off our work and share what we have learned with others, so we also reserve the right to display and link to your completed project in our portfolio, and to write about the project in publications or on platforms. If we propose a great strategy during our time together we reserve the right to talk about our Intellectual Property with other clients and in our social media.
We are sure you understand how important it is as a small business for you to make your payments in a prompt manner. We are also sure you will want to stay friends, and you therefore agree to stick tight to the payment schedule you chose for this Project, also recorded on your invoice.
Since we rely upon a steady income flow from our clients, we must charge a late fee if your monthly payment is not received on time. If the payment is past due, we will send a reminder within 1-2 days. If a payment is more than 30 days past due a $100 late fee will be added and the project will be placed on hold until that payment has been made.
For license purchases, such as Leverage to Scale and Bestseller Book Launch Blueprint, we reserve the right to revoke your access at any time that a payment is overdue by 30 or more days and until the time payment is made in full.
If your website project has launched and you default more than 30 days on your payment, we reserve the right to log in and put a coming soon page on your website until the past due balance has been made current.
For website projects: If both parties come to a determination to stop the project before completion, a total of all hours worked on the project to date will be tallied at our $175/hr base rate. That total amount will be deducted from payments already made and any remaining balance would be credited back to you within 7 days. If the time worked on the project exceeds the payments made, a final invoice would be presented to you payable within 7 days of receipt.
For consulting and book launch clients: If both parties come to a determination to stop the project before completion, there will be no financial penalty on behalf of either party. The client is responsible for making their full payment on the month the work discontinues. No past payment will be refunded.
Additionally for book launch clients: We understand that the unexpected happens and delaying your launch may become a possibility during our collaboration. To accommodate you to the highest degree we can, we will honor our predetermined agreement for launches delayed up to 14 days from the original date with no additional cost. To ensure we can properly manage our team’s workload, any launches delayed 15 days and beyond from the original date will include an add-on retainer for every month continued.
In any case, ALL client files, passwords, design concepts and materials would be surrendered over to the client within 14 days of termination.
For Influencer Gift Box clients, you will be invoiced after you approve the creative. Boxes are invoiced based on the number of boxes requested. Pricing is subject to change based on changing shipping rates as a result of supply chain challenges. If you choose to complete any portion of these boxes yourself, there are no refunds for that portion of the work.
BUT WHERE IS ALL OF THE HORRIBLE SMALL PRINT?
Although the language is simple, the intentions of this document are serious. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. Notwithstanding, you are not prohibited from transferring, assigning, selling, or otherwise disposing of the completed services we have provided to you for this Project to any other person, so long as all invoices are paid in full. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it shall remain in place. If we run into any disputes regarding this Project, we both agree to address those disputes in Denver, Colorado. The terms ‘”we,” “us” and “our” always refers to NGNG Enterprises, Inc. and the terms “you” and “your” always refers to you.
If you have any questions about these T&C, please contact us at [email protected].
Your privacy is our top priority!
We collect, use and process your data in accordance
Your privacy is our top priority!