Please read these Terms and Conditions (“T&C”) carefully before using this Website.
This project agreement is between 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, strategic guidance, book launch support, 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 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. Our timeline is 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 success of your book or marketing projects 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 from your business operation, 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.
COPYRIGHTS
You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in marketing, design or other projects 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 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.
For book launch clients 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, 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: September 2023