By accessing the NDESIGN website, requesting and/or purchasing any product, downloading any files, or using any of our services you have agreed to be bound by the following terms and conditions, privacy policies and licensing agreement.
Please read all information carefully as it will affect your legal rights and obligations.
Our Website
Your use of this website (the “Site”) constitutes your agreement to be bound by these terms and conditions. This Site is a service made available by NDESIGN (the “Company”) and any content, information, definitions and software provided on and through the Site (“Information”) may be used solely by you (the “User” or “Client”) under the following terms and conditions (“Terms of Use”):
License.
As an authorized user of this Site, User is granted a nonexclusive, nontransferable, revocable, limited license to access and use the Site and Information in accordance with these Terms of Use. Company may terminate this license at any time for any reason.
Limitations on Use.
The Information on this Site is for authorized use only and not for commercial exploitation. User may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Site or the Information. User may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. User may not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Information without Company’s prior written consent. User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Site, except to the extent authorized by the Company. User may not use or otherwise export or re-export the Site or any portion thereof, the Information or any software available on or through the Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site or its Information is prohibited.
No Solicitation.
In no event may any person or entity solicit any users with data retrieved from this Site.
Intellectual Property Rights.
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User agrees that the Information and Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For additional information see Legal. This site has been successfully Registered and Protected.
Registration.
In the event that certain sections of this Site require User to register, User agrees to provide Company with accurate, complete registration information. It is User’s responsibility to inform Company of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Company does not permit (a) any other person using the registered sections under User’s name; or (b) access through a single name being made available to multiple users on a network. User is responsible for preventing such unauthorized use. If User believes there has been unauthorized use, notify Company immediately by emailing Company.
Unlawful Activity.
Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information.
Remedies for Violations.
Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but not limited to, the right to block access from a particular Internet address to the Company’s Web sites and their features.
Modifications to Terms of Use.
Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site and are effective immediately. User is responsible for regularly reviewing the Terms of Use. Continued use of the Site after any such changes constitutes User’s consent to such changes.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Warranty Disclaimer.
THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES MAKES ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, (A)WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS; (B) WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE; (C), WARRANTIES THAT THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, THAT IT IS SUITABLE FOR THE PARTICULAR NEEDS OF THE USER OR ANY THIRD PARTY, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO USE OF THE SITE. THE USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE WEBSITE AND ANY LINKED SITES.
Indemnification.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, your violation of the Privacy Policy, or your violation of any rights of another.
Terms of Service
Independent Contractor
NDESIGN is an independent contractor; and is not an employee, partner or affiliated with any company of you, the Client. NDESIGN will provide design services under your direction; however, NDESIGN retains the right to decide the manner and means that the services are accomplished.
Proposals
Any Proposals issued will be effective only for the period of time listed under the “Fee Schedule” found in the Proposal itself. If NDESIGN receives an email from you after the validity date has expired, another proposal may be drafted and emailed to you for approval. Once signed by both parties, NDESIGN’s Proposal will serve as a binding contract between you and NDESIGN. Pricing and terms of each Proposal are subject to change anytime after the validity date has expired.
Client Responsibilities and Completion
NDESIGN prefers email or website correspondence for all projects. NDESIGN does not accept any type of questions or troubleshooting about current or past projects made via Social Media or Text Message.
a) It is imperative that you, the Client, return all correspondence with detailed, constructive feedback within 5 business days to keep all projects moving forward smoothly. In the event, there is no response within 5 business days, NDESIGN reserves the right to bill you for any additional fees incurred. Additionally, if there is no response within 15 business days, NDESIGN reserves the right to terminate the Agreement and bill any unpaid balances, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate NDESIGN’s time and expenses in the event the Agreement has been terminated.
b) NDESIGN’s project completion dates vary based on response times to her correspondence and the type of project being worked on. NDESIGN prioritizes and plans out a design schedule for each day, week and month depending on the current amount of Clients and/or work that needs to be completed. All project planning feedback must be returned before any work will begin on a project. In general, the initial design process is the most lengthy, typically taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For all rush/weekend/holiday services, please inform NDESIGN of the extent of the project as well as the rush completion date and expect to pay a premium for all rush services.
c) The Client is responsible to back up a copy of their original files, templates, widgets or plugins.
d) The client is responsible for all content creation for projects unless the agreement with NDESIGN states otherwise.
e) You also agree that once final(s) have been released, distributed, reviewed and signed off, by you that NDESIGN no longer holds any responsibility for any/all errors and will not be held responsible for any errors once a project has been sent to print, been published, distributed, displayed, etc. in any way. You, the Client, also acknowledge that you will incur any/all costs to remedy the error in any manner at no fault of NDESIGN.
g) Once a project has begun and you have acknowledged either by digital signature, placing an order via email, visiting the NDESIGN website and/or on NDESIGN’s forms that you have read, understand, agreed to NDESIGN’s Terms of Service Agreement; you, the Client, will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of NDESIGN.
Copyright and Liability
The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall Nick DeFrancisco and/or NDESIGN be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services provided by Nick DeFrancisco and/or NDESIGN, even if Nick DeFrancisco and/or NDESIGN, or an authorized representative has been notified orally or in writing of the occurrence or possibility of such damage.
Nick DeFrancisco and/or NDESIGN makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, but without limitation: implied warranties or conditions of merchantability.
Any Website graphics created for client by NDESIGN are intended to be embedded within clients blog or website and may not be used for any other purpose without prior permission. All designs and coding by NDESIGN are protected by copyright law.
Any part of code or graphics within a Website design created and installed for client by NDESIGN is for the specific domain it was originally purchased for, and may not be sold or otherwise redistributed. For all Subscription Website plans, besides for the content uploaded by the user, all content, including the framework and theme, is subject to copyright and other intellectual property rights, under local and international law. Subscription content is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) outside of NDESIGN.
Making any changes to graphics designed by NDESIGN is not allowed. Using the graphics and images made by NDESIGN on any other site, social media platform, or marketing is not permitted without written permission from NDESIGN. It is important that the integrity and intention of the original designs and or graphics made by NDESIGN are respected by the client. Additionally, any Web graphics made by NDESIGN for web use are not to be used for printing. High resolution files appropriate for printing must be purchased separately.
Under U.S. copyright law, NDESIGN (the designer) is the owner of all files and artwork created for the client, and the client is the owner of the end product (i.e. a printed business cards). Release of electronic files to the client is at the discretion of the designer and is determined by the type of project. Copyright ownership may be transferred to the client for a fee that is based on the uses for which rights are being transferred.
NDESIGN is not liable for any photographs, illustrations, graphics or any other digital elements provided by client. In order to use said items in an NDESIGN design, client must guarantee ownership or permission from the rightful owner.
NDESIGN is not responsible for any perceived damages or loss of content due to the products or services purchased from NDESIGN.
Payment
NDESIGN accepts payments via check or online via our accounting system only.
a) All required prepayments and deposits must clear before work can begin.
b) For Design projects, a deposit is typically required to hold your place in the design queue, with full payment due before any files are delivered to the client. Any agreed upon additional costs not specified in the initial proposal will be billed prior to installation.
c) Nick DeFrancisco and/or NDESIGN will refund all payments in deposit minus a $50 cancellation fee if the Client cancels the project prior to the project start date.
d) Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client wishes to stop working with Nick DeFrancisco and/or NDESIGN, at no fault of Nick DeFrancisco and/or NDESIGN.
e) If full payment is not received within 5 business days of the initial invoice being sent, you may lose your place in the design queue and the project will need to be rescheduled based on the current design schedule. In addition, final files will only be sent after full payment has been received and has cleared. Nick DeFrancisco and/or NDESIGN reserves the right to hold all projects until payment has cleared. All invoices are due within 15 days of date issued, and a 10% interest charge will apply for all invoices that are unpaid when due.
f) For Web Design and Development, NDESIGN defines project completion as the time when the Build phase has completed, and all content provided by Client up to that point has been inserted into the site. This Build phase is the technical part where we create and apply code, and turn the approved design into an actual website. Per the signed agreement, the final invoice for the project is due upon completion of the Build phase. and prior to file relinquishment, or publishing of the site. Client may take additional time to gather or complete content, but NDESIGN will bill for the final installment once the Build phase has completed.
g) In the event, Nick DeFrancisco and/or NDESIGN is working at an hourly rate, the rate will be billed in increments with a 15 minute minimum and described as such on the invoice. All hourly work is tracked by an online time tracking tool; and must be paid in full before final files will be released in any capacity to you.
h) In the event a PayPal or other dispute is filed against Nick DeFrancisco and/or NDESIGN or payment is overdue, Nick DeFrancisco and/or NDESIGN reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Nick DeFrancisco and/or NDESIGN until the dispute is resolved. In addition, Nick DeFrancisco and/or NDESIGN reserves the right to hold all deliverables until full payment is received.
Refund Policy
WEBSITE DESIGN, GRAPHIC DESIGN AND PRODUCT PURCHASES
Due to the nature of design and product work, NDESIGN has adopted a strict no-refund policy. By requesting work via email, payment of invoices, accessing the NDESIGN website and/or purchasing any product, downloading any files, or using any of our services, you are agreeing to NDESIGN’s no-refund policy.
WEBSITE MAINTENANCE AGREEMENTS
For Website Maintenance Agreements, regardless of term, unused hours do not roll over to subsequent terms. No refunds are provided for unused hours. There are absolutely no refunds for any fees related to website maintenance services. An administrative fee will be charged to the clients account for any late payments or declined credit card charges. NDESIGN may terminate a maintenance agreement at anytime with written notice to the client at the end of the agreement term.
Privacy
Client privacy is very important. Any private information passed between NDESIGN and the client will be kept private. This information will not be shared with anyone for any reason, and will only be used for the purpose of completing client’s project.
NDESIGN reserves the right to refuse service to any customer and to edit these terms at any time.