This website (nikocreatives.com) enables the ordering of a variety of services designed to help your business grow and stand out.
The terms "I", "we", "our","N-C", "me", "my" and "us" in this Terms of Use statement refer to Niko Creatives and its affiliates. 

For the purpose of these Terms and Conditions, references to the products and/or services provided by N-C shall include, without limitation, logos, designs, graphics or similar materials or information, website design, and other design and marketing services or other coding services, and any and all future product or service offerings of N-C.

N-C proudly uses the SquareSpace system for our website Content Management Systems (CMS) and eCommerce platform. We use Stripe as our payment provider, processor, and gateway. These providers were chosen for their quality, consumer usability and ease of use, security, and streamlined service offerings. Your interactions with and use of these services and features are governed by the individual Privacy Policies and Terms of Service of each provider.

-- Squarespace Terms of Service and Privacy Policy

-- Stripe Terms of Service and Privacy Policy

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from N-C or enter into your Contract with N-C.

Summary:

I will always do my best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. I have no desire to trick you into agreeing to something that you might later regret. I do want what's best for the safety of both parties, now and in the future.

In short:

You are hiring me (NIKO CREATIVES d/b/a nikocreatives.com) located at 7826 Bucks Run Dr. Naples, Fl 34120 to [design and/or develop solutions for a Squarespace website] for the estimated total price as outlined in email correspondence. Written email agreement to the estimate, adding Administrator privileges to your website, or filling out the form below binds this agreement. Of course it's a little more complicated, but we'll get to that.

What do both parties agree to do? 

As my customer/client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

I have the experience and ability to perform the services you need from N-C and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give us

Getting down to the nitty gritty

Design

I will create designs for the look-and-feel, layout and functionality of your web site. This contract includes two main design plus the opportunity for you to make up to two rounds of revisions before sign-off. If you're not happy with the designs at this stage, you will pay N-C in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission N-C to make further design revisions at the hourly rate set out in our original estimate. 

HTML/Javascript/CSS

If the project includes HTML markup, Javascript or CSS, I will develop these using valid techniques. I will test all markup, Javascript and CSS in Squarespace supported browsers. Your site will not look exactly the same in each browser, or on various devices but will be optimised for each.

Squarespace Supported Browsers

Squarespace supports the three most recent versions of Chrome, Firefox, and Safari and the most recent version of Internet Explorer for editing your site. Squarespace also support the three most recent versions of Chrome, Firefox, Safari, and Internet Explorer for viewing your site.

The following link will give additional details about browser support.  
https://support.squarespace.com/hc/en-us/articles/205815548-Supported-browsers

Text content

N-C is not responsible for writing or inputting any text copy unless specified it in the original estimate. N-C will be happy to help though, and in addition to the estimate you will be charged at [$30] per hour for copy writing or content input.

Photographs

You will supply N-C with all photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Need a hand with photographs? I'm more than happy to come to your place of business and take pictures. Any time spent creating this content, editing will be charged at [$30] per hour.

Changes and revisions

I know from plenty of experience that fixed-price contracts are rarely beneficial to you or me, as they often limit you to your first idea about how something should look, or how it might work. I don't want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the number of hours that I estimate N-C needs to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality after your two rounds of revisions, that won't be a problem. You will be charged the hourly rate set out in the estimate I gave you. Along the way I might ask you to put requests in writing so I can keep track of changes.

Technical support

Squarespace is your web host. They manage the server your Website lives on, they may also manage your domain and email. Any support issues will be between you and Squarespace, or other service providers. I do offer maintenance packages that I will be happy to discuss with you and tailor it to you once the project is complete. 
If you do require help with anything beyond the design and development of your site, I will be happy to help and will charge you [$30] per hour. Reports of how the time was spent and what was accomplished will be provided.

Legal stuff

I can't guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so I can't be 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. I am not liable for anything, what-so-ever, related to the security of your Website.

If any provision of this agreement shall 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.

Both parties agree to arbitrate any disputes under JAMS rules. Any verdict is final binding and non appealable. 

Copyrights

You guarantee to N-C that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them. I'm not liable for any copyright issues from materials provided.

When I receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that N-C creates for you for this project. I will give you a copy of all files and you should store them really safely as I am not required to keep them or provide any native source files that N-C used in making them.

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

I love to show off my work and share what I have learned with other people, so N-C also reserves the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design and development.

Payments

We are sure you understand how important it is as a small business that you pay the invoices that N-C sends you promptly.
As I am also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.

Maintenance Services will be invoiced each month for the duration of the term on the initial agreement date. Written notice of cancellation of the agreement will void the agreement on the next monthly renewal date.

SEO Service will be invoiced each month for the duration of the term on the initial agreement date. Written notice of cancellation of the agreement will void the agreement on the next monthly renewal date.

[Payment is due within 14 days of invoice date]
–non-refundable 50% of total estimated fee upon agreeing to the estimate and contract. 
–50% of total estimated fee upon sign-off of the final design and before site hand-over and launch. 
*fee payable not more than 14 days after sign-off and receipt of finished product.
**Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from the 15th day after receipt of finished product.

But where is all the horrible small print? 

Here it is. Just like a parking ticket, you cannot transfer this contract to anyone else without my 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 remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of U.S courts. 

Written email agreement to the estimate and adding Administrator privileges to your website binds this agreement.

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