Please read these Terms and Conditions (“T&C”) carefully before using this Website.

This project agreement is between Amber Vilhauer, founder and CEO, of NGNG™ Enterprises, Inc. (“Company”, “we”, or “us”). The term “you” refers to the customer of this website package.

We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by placing your order for this website package 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.

SUMMARY

We will always do our best to fulfill your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong. In this agreement, you will not find complicated legal terms or large passages of unreadable text. 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 and/or live stream director and/or general business support as titled on your checkout page, 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 with everything that we need to complete the project including text, images, and other information as needed, and when needed, and in the format we ask for. We will keep all 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. 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 book launch and live streaming clients, our timeline was already established in the proposal, and our plan is to execute that as agreed to. You also agree to stick to the payment schedule you choose when ordering your work-for-hire package.

We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in a timely manner. In addition, we will also maintain the confidentiality of any information you provide us.

LEGAL STUFF

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 live stream launch 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 this web site and any other web pages, 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.

COMPLIANCE

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 (e.x. 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.

COPYRIGHTS

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.

Copyright is automatically assigned as follows:

You also own text content, photographs and other data you provided, unless someone else owns them.

We own the XHTML markup, CSS and other code and we license it to you for unlimited use on only this project. More simply, this means we use programming code on your website, and by leasing that 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 other people, so we also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on web sites, in magazine articles and in books. 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.

PAYMENTS

We are sure you understand how important it is as a small business for you to make your payments in a prompt and timely manner. We are also sure you will want to stay friends, and you therefore agree to stick tight to the payment schedule you chose during checkout for this website package, also recorded on your payment receipt.

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 7 days past due a $50 late fee will be added to that month’s payment. If a payment is more than 14 days past due a $100 late fee will be added and the project will be placed on hold until that payment has been made.

If your website project has launched and you default more than 30 days on your payment, we reserve the right to 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 usual $175/hr base rate. That total amount will be deducted from payments already made and any remaining balance would be credited to the client within 14 days. If the time worked on the project exceeds the payments made, a final invoice would be presented to the client payable based on the schedule above.

For book launch clients and live streaming 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 are happy to 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 that are pushed 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. 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 Timnath, 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].

Last Updated: August 2022