1. Acceptance of Terms
1.1 Acknowledgment
By accessing or using the services provided by Nita Design, including but not limited to visiting our website, engaging in consultations, or entering into agreements for our services, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1.2 Modifications
Nita Design reserves the right to modify these terms at any time without prior notice. Changes will become effective immediately upon posting on our website. It is your responsibility to review these terms periodically to ensure continued compliance.
1.3 User Responsibility
You agree that it is your responsibility to familiarize yourself with the terms and any updates thereto. Continued use of our services after modifications constitute your acceptance of the revised terms.
1.4 Legal Capacity
You affirm that you are of legal age and possess the legal capacity to enter into agreements. If you are using our services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these terms.
1.5 Termination of Agreement
If you do not agree with any provision of these terms, you must discontinue the use of Nita Design's services. Termination of these terms does not affect the validity of obligations or rights accrued before termination.
1.6 Consent to Communication
By using our services, you consent to receive communication from Nita Design, including but not limited to emails, messages, and notices. These communications may include updates, promotions, or important information related to the services.
1.7 Third-Party Services
ita Design may utilize third-party services or tools. Your use of such services may be subject to additional terms and conditions. It is your responsibility to review and comply with these third-party terms.
By accessing or using Nita Design's services, you affirmatively acknowledge and agree to the terms outlined herein, indicating your intent to be legally bound by these Terms of Service.
2. Services Overview
2.1 Scope of Services
Nita Design specializes in providing comprehensive web development and related services. Our offerings encompass website design, development, maintenance, and other digital solutions as specified in individual contracts or project agreements.
2.2 Customization and Collaboration
We work closely with clients to understand their unique needs and tailor our services accordingly. Collaborative efforts ensure that the final deliverables align with your vision, brand identity, and strategic objectives.
2.3 Project Initiation
Upon engagement, a detailed project initiation phase occurs, during which project goals, requirements, and timelines are established. Clients are encouraged to actively participate in this phase to ensure a clear understanding of project objectives.
2.4 Development Process
Nita Design follows industry best practices in the development lifecycle. This may include phases such as planning, design, development, testing, and deployment. The specific approach will be outlined in project agreements and may vary based on the nature of the project.
2.5 Client Input and Feedback
We value client input and feedback throughout the development process. Regular checkpoints are established to gather feedback, make necessary adjustments, and ensure that the final product meets or exceeds expectations.
2.6 Technical Expertise
Nita Design is committed to leveraging cutting-edge technologies and industry trends. Our team of skilled professionals is dedicated to delivering high-quality, innovative solutions that align with industry standards and best practices.
2.7 Service Limitations
While we strive to provide comprehensive services, the scope may be limited to the terms specified in project agreements. Any additional services requested beyond the agreed scope may be subject to additional fees and timelines.
2.8 Ongoing Support and Maintenance
Post-launch, Nita Design offers ongoing support and maintenance services. These services may include troubleshooting, updates, and enhancements to ensure the continued optimal performance of the delivered solution.
By engaging Nita Design for web development services, clients affirm their understanding and acceptance of the detailed services outlined in project agreements, reflecting our commitment to delivering tailored and high-quality digital solutions.
3. Client Responsibilities
3.1 Timely Provision of Information
Clients are responsible for providing accurate and timely information necessary for the successful initiation and completion of the project. This includes, but is not limited to, business requirements, branding guidelines, and any specific content or materials required for the project.
3.2 Collaboration and Communication
Successful project outcomes require active collaboration. Clients are encouraged to engage in open communication, promptly addressing queries, providing feedback, and participating in scheduled meetings or discussions to ensure a shared understanding of project goals.
3.3 Approvals and Feedback
Clients are responsible for providing timely approvals at various stages of the project, including but not limited to design concepts, development milestones, and final deliverables. Constructive feedback is essential to refining and enhancing the project in alignment with client expectations.
3.4 Content and Intellectual Property Rights
Clients must ensure that they have the necessary rights and permissions for all content provided to Nita Design. Any infringement of intellectual property rights related to the content supplied by the client is the sole responsibility of the client.
3.5 Testing and Quality Assurance
Clients are encouraged to actively participate in the testing phase, thoroughly reviewing the project deliverables to identify any discrepancies or issues. Timely reporting of concerns allows for efficient resolution and ensures the delivery of a high-quality final product.
3.6 Timely Decision-Making
Timely decision-making is crucial to project timelines. Clients are responsible for making prompt decisions related to project requirements, design choices, and other critical aspects. Delays caused by postponed decision-making may impact project schedules.
3.7 Compliance with Agreed Terms
Clients are expected to comply with the terms outlined in project agreements, including payment schedules, confidentiality agreements, and any other contractual obligations. Non-compliance may result in project delays or termination.
3.8 Client Point of Contact
Clients should designate a single point of contact for efficient communication and decision-making. This designated contact person will serve as the primary liaison between the client and Nita Design throughout the project.
By engaging Nita Design's services, clients acknowledge and accept these responsibilities, recognizing the collaborative nature of the project and the integral role they play in achieving successful outcomes.
4. Payment Terms
4.1 Quotation and Invoicing
Prior to the commencement of any project, Nita Design will provide clients with a detailed quotation outlining the scope of work, associated costs, and payment terms. Invoices will be issued based on the agreed-upon milestones or timelines specified in the project agreement.
4.2 Payment Schedule
Clients agree to adhere to the agreed-upon payment schedule outlined in the project agreement. The schedule may include initial deposits, progress payments tied to project milestones, and final payments upon project completion. Failure to comply with the payment schedule may result in project suspension.
4.3 Currency and Method of Payment
All transactions will be conducted in the currency specified in the project agreement. Clients are responsible for any transaction fees associated with the chosen method of payment. Accepted payment methods will be outlined in the invoice.
4.4 Late Payments
Late payments may be subject to late fees, as specified in the project agreement. Nita Design reserves the right to suspend work on the project until outstanding payments are received. In the event of significant payment delays, legal action may be pursued to recover the amount owed.
4.5 Scope Changes and Additional Costs
Any changes to the project scope requested by the client may result in additional costs. Nita Design will communicate these costs promptly, and work on the project may be paused until agreement on the additional fees is reached.
4.6 Ownership and License
Nita Design retains ownership of the project deliverables until full payment is received. Upon full payment, clients receive a license to use the final product as outlined in the intellectual property rights section of the project agreement.
4.7 Taxes
Clients are responsible for any applicable taxes associated with the services provided by Nita Design. Tax amounts will be specified in the invoice, and clients agree to remit these taxes in addition to the service fees.
4.8 Refund Policy
Refunds are generally not provided after work has commenced. In exceptional cases, where Nita Design is unable to fulfill its obligations, a refund may be considered based on the circumstances and the project status at the time of the request.
By engaging in a project with Nita Design, clients acknowledge and agree to these payment terms, understanding the importance of adhering to the outlined schedule and financial commitments for the successful and timely completion of the project.
5. Intellectual Property
5.1 Ownership and Transfer of Rights
Until full payment is received, Nita Design retains full ownership and intellectual property rights to all work produced during the project. Upon completion of payment, clients receive a non-exclusive license to use the final deliverables for their intended purpose, as outlined in the project agreement.
5.2 Client-Supplied Materials
Clients are responsible for ensuring they have the necessary rights and permissions for any materials supplied to Nita Design. This includes, but is not limited to, text, images, and other content. Nita Design is not liable for any infringement of intellectual property rights related to client-supplied materials.
5.3 Project-Specific Rights
The scope of the license granted to the client is outlined in the project agreement. This includes details on the usage, distribution, and any limitations imposed on the final deliverables. Any additional rights beyond the agreed-upon scope may require separate negotiation and agreement.
5.4 Confidentiality and Non-Disclosure
Nita Design and the client agree to keep confidential all sensitive information shared during the course of the project. Nita Design may showcase the completed work in its portfolio, but specific details that are deemed confidential will not be disclosed without the client's explicit consent.
5.5 Third-Party Components
If the project incorporates third-party components, licenses, or open-source software, the terms of those components' licenses will be communicated to the client. Clients are responsible for adhering to these terms as applicable.
5.6 Modification and Derivative Works
Clients are not permitted to modify, alter, or create derivative works based on the final deliverables without explicit written consent from Nita Design. Any such modifications without consent may result in a breach of the license agreement.
5.7 Attribution
Nita Design retains the right to include appropriate attribution on the final deliverables unless otherwise agreed upon in the project agreement. This may include, but is not limited to, a discreet acknowledgment on websites or promotional materials.
5.8 Transferability
The license granted to the client is non-transferable, meaning that the client may not sublicense, sell, or transfer the rights to any third party without the prior written consent of Nita Design.
By entering into a project agreement with Nita Design, clients acknowledge and accept these intellectual property terms, recognizing the importance of clarifying ownership and usage rights for the developed materials.
6. Confidentiality
6.1 Definition of Confidential Information
"Confidential Information" refers to any non-public information disclosed by either party during the course of the project. This includes, but is not limited to, business strategies, proprietary technologies, financial data, project plans, and any other information deemed confidential by either Nita Design or the client.
6.2 Mutual Confidentiality Obligations
Both Nita Design and the client mutually agree to keep all Confidential Information confidential and to use it solely for the purpose of the project. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party.
6.3 Exceptions to Confidentiality
Information will not be considered Confidential if it: (a) is already known to the receiving party at the time of disclosure; (b) is or becomes publicly available through no fault of the receiving party; (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information.
6.4 Obligations of Employees and Third Parties
Both parties agree to ensure that their employees, contractors, and any third parties involved in the project are bound by confidentiality obligations consistent with those outlined in this agreement.
6.5 Duration of Confidentiality Obligations
The obligation to keep Confidential Information confidential continues for a period of [specified duration] after the termination or completion of the project, as outlined in the project agreement, or until such time as the information is no longer considered confidential.
6.6 Permitted Disclosures
Either party may disclose Confidential Information if required by law, regulation, or court order. In such cases, the disclosing party agrees to provide prompt notice to the other party, allowing for an opportunity to seek protective measures.
6.7 Return or Destruction of Information
Upon completion or termination of the project, or upon the disclosing party's written request, the receiving party shall promptly return or, at the disclosing party's option, destroy all copies of the Confidential Information in its possession.
6.8 Portfolio and Publicity
Nita Design may include the completed project in its portfolio as described in the Intellectual Property section. However, specific details deemed confidential by the client will not be disclosed without the client's explicit consent.
By entering into a project agreement with Nita Design, clients and Nita Design acknowledge and commit to the strict observance of confidentiality obligations, recognizing the importance of safeguarding sensitive information exchanged during the project.
7. Project Timelines
7.1 Project Timeline Definition
The "Project Timeline" refers to the estimated schedule for the initiation, development, and completion of the project as outlined in the project agreement. This timeline is a collaborative effort and is subject to adjustments based on factors such as client feedback, unforeseen challenges, and external dependencies.
7.2 Collaborative Planning
The project timeline is collaboratively established during the initial planning phase. Both Nita Design and the client contribute to defining realistic milestones and deadlines based on project requirements, scope, and complexity.
7.3 Flexibility and Adjustments
Recognizing the dynamic nature of projects, both parties agree to remain flexible and allow for reasonable adjustments to the timeline. Changes may be necessary due to unforeseen circumstances, client feedback, or other factors impacting project progression.
7.4 Communication of Delays
In the event of unforeseen delays or challenges impacting the project timeline, Nita Design is committed to promptly communicating these issues to the client. Transparent communication ensures that both parties are aware of any adjustments and can collaborate on solutions.
7.5 Client Responsibilities for Timely Completion
Clients play a crucial role in adhering to the project timeline. Timely provision of required information, feedback, and approvals is essential for the efficient progression of the project. Delays caused by unaddressed client responsibilities may impact the overall timeline.
7.6 Mitigation of Delays
In the event of delays, both Nita Design and the client agree to work collaboratively to identify solutions and mitigate the impact on the project timeline. This may involve adjusting milestones, increasing resources, or other reasonable measures to expedite progress.
7.7 Communication of Milestones
Clear communication regarding project milestones is a shared responsibility. Nita Design commits to providing regular updates on the project's progress, including achievements, challenges, and any adjustments to the timeline.
7.8 Completion and Handover
Upon successful completion of the project, Nita Design will provide the client with the final deliverables as outlined in the project agreement. Any remaining client responsibilities, such as final approvals, must be promptly addressed to facilitate a smooth handover.
By engaging in a project with Nita Design, clients and Nita Design acknowledge the collaborative nature of project timelines and commit to transparent communication, flexibility, and cooperation to ensure the successful and timely completion of the project.
8. Quality Assurance
8.1 Commitment to High Standards
Nita Design is dedicated to delivering services and products of the highest quality. Our commitment to quality assurance encompasses all aspects of the project, including design, development, testing, and deployment.
8.2 Client Involvement in Testing
Clients are actively encouraged to participate in the testing phase. This collaborative effort ensures that the project aligns with the client's expectations and requirements. Regular checkpoints for client feedback are established to facilitate a thorough quality assurance process.
8.3 Thorough Testing Protocols
Nita Design employs comprehensive testing protocols to identify and address any issues or discrepancies in the project deliverables. This may include functional testing, usability testing, security testing, and other relevant testing procedures based on the nature of the project.
8.4 Bug Fixes and Revisions
Any issues or bugs identified during the testing phase are promptly addressed by Nita Design. Clients are encouraged to communicate identified issues clearly, and reasonable efforts are made to implement bug fixes and revisions in a timely manner.
8.5 Iterative Improvement
Quality assurance is an iterative process. Nita Design remains open to iterative improvements based on client feedback and evolving project requirements. This flexibility ensures that the final deliverables meet or exceed the agreed-upon quality standards.
8.6 Performance Optimization
Nita Design is committed to optimizing the performance of the delivered solutions. This may involve fine-tuning technical aspects, addressing loading times, and optimizing the user experience to ensure the project performs at its best.
8.7 Documentation of Quality Assurance
Nita Design maintains documentation of the quality assurance process, including testing methodologies, identified issues, and resolutions. This documentation serves as a reference for both Nita Design and the client and aids in continuous improvement.
8.8 Client Satisfaction
Ultimately, the measure of successful quality assurance is client satisfaction. Nita Design values client feedback and strives to ensure that the final project not only meets technical specifications but also aligns with the client's overall vision and objectives.
By engaging Nita Design's services, clients and Nita Design commit to a collaborative quality assurance process, fostering open communication and continuous improvement to deliver high-quality, reliable, and effective solutions.
9. Termination of Services
9.1 Mutual Termination
Either party may initiate the termination of services with written notice to the other party. The notice shall include the effective date of termination and the reasons for termination. This provision allows for an amicable conclusion to the engagement.
9.2 Client-Initiated Termination
If termination is initiated by the client, Nita Design reserves the right to invoice the client for work completed up to the termination date. Any outstanding fees or payments must be settled according to the agreed-upon terms outlined in the project agreement.
9.3 Nita Design-Initiated Termination
If termination is initiated by Nita Design due to reasons such as non-compliance with payment terms, breach of contractual obligations, or any other material violation by the client, the client shall be liable for all fees and costs associated with the services provided up to the termination date.
9.4 Outstanding Payments
In the event of termination, any outstanding payments or fees must be settled promptly. Nita Design retains ownership of all work completed up to the termination date until full payment is received.
9.5 Transfer of Assets
Upon termination, and upon settlement of all outstanding payments, Nita Design may, at its discretion, transfer ownership of completed project deliverables to the client. Any transfer of assets will be in accordance with the intellectual property rights and licensing terms outlined in the project agreement.
9.6 Project Materials and Confidentiality
Upon termination, both parties agree to return any confidential materials or information exchanged during the course of the project. Nita Design will respect the confidentiality of client information, and clients are required to do the same regarding Nita Design's proprietary information.
9.7 Termination Due to Force Majeure
If either party is unable to fulfill its obligations due to circumstances beyond its control, such as natural disasters, acts of war, or other force majeure events, the affected party may terminate the agreement without penalty.
9.8 Post-Termination Cooperation
Following termination, both parties agree to cooperate in good faith to facilitate a smooth transition. This may include the transfer of project-related materials, documentation, or other information necessary for the client's continued use of the project deliverables.
By engaging Nita Design's services, clients and Nita Design acknowledge the provisions for termination outlined in these terms, ensuring a clear understanding of the procedures and responsibilities in the event of the termination of services.
10. Disclaimer of Warranties
10.1 As-Is Provision
Nita Design provides its services on an "as-is" basis, without any warranties or representations of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 No Guarantee of Compatibility
Nita Design does not guarantee that its services will be compatible with all client systems, devices, or third-party applications. It is the client's responsibility to ensure the compatibility of the delivered solutions with their specific environment.
10.3 Accuracy of Information
While Nita Design strives to provide accurate and up-to-date information, it does not warrant the completeness, accuracy, or reliability of any information or content provided as part of its services. Clients are encouraged to verify critical information independently.
10.4 No Warranty of Continuous Operation
Nita Design does not warrant that its services will be uninterrupted, secure, or error-free. Periodic maintenance, updates, or unforeseen issues may impact the continuous operation of services, and Nita Design is not liable for any resulting disruptions.
10.5 Client Acknowledgment of Risks
Clients acknowledge and agree that the use of Nita Design's services involves inherent risks. This includes, but is not limited to, the risk of data loss, security breaches, and unforeseen technical issues. Clients assume responsibility for mitigating these risks.
10.6 Client Content and Third-Party Materials
Nita Design is not responsible for the accuracy, legality, or appropriateness of client-supplied content or third-party materials. Clients are responsible for ensuring the legality and appropriateness of all materials provided for use in the project.
10.7 Limitation of Liability
Clients understand and agree that Nita Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of its services. This includes, but is not limited to, loss of profits, data, or business interruption.
10.8 No Guarantee Against Viruses or Malware
Nita Design does not warrant that its services are free from viruses, malware, or other harmful components. Clients are responsible for implementing adequate security measures to protect their systems and data.
10.9 Legal Compliance
Nita Design makes no warranty regarding the compliance of its services with specific laws or regulations in the client's jurisdiction. Clients are responsible for ensuring that their use of Nita Design's services complies with applicable laws.
By utilizing Nita Design's services, clients acknowledge and accept the inherent risks and limitations outlined in this disclaimer of warranties. It is recommended that clients carefully review and assess these terms in consideration of their specific needs and requirements.
11. Limitation of Liability
11.1 Scope of Limitation
Nita Design's liability for any direct or indirect damages arising from the use of its services is limited to the fullest extent permitted by applicable law. This limitation of liability applies regardless of the nature of the claim, whether in contract, tort, negligence, strict liability, or otherwise.
11.2 Exclusion of Consequential Damages
In no event shall Nita Design be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, business interruption, loss of data, or any other economic loss, even if Nita Design has been advised of the possibility of such damages.
11.3 Financial Cap on Liability
Nita Design's total liability for any and all claims arising from the use of its services, whether in contract, tort, or otherwise, is limited to the total fees paid by the client for the specific services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.
11.4 No Liability for Third-Party Actions
Nita Design is not liable for any damages or losses resulting from the actions, errors, or omissions of third-party providers, subcontractors, or collaborators engaged by the client. Any agreements or relationships with third parties are the sole responsibility of the client.
11.5 Assumption of Risks
Clients acknowledge and agree that the limitations of liability set forth in these terms are reasonable and reflect the allocation of risk between the parties. Clients expressly assume the risks associated with the use of Nita Design's services.
11.6 Exceptions to Limitations
Some jurisdictions do not allow the exclusion or limitation of certain types of damages, and in such cases, the limitations set forth in this section may not apply to the extent prohibited by law. In such jurisdictions, Nita Design's liability is limited to the maximum extent permitted by law.
11.7 Client Indemnification
To the extent permitted by law, clients agree to indemnify, defend, and hold Nita Design harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with the use of Nita Design's services.
11.8 Reasonableness of Limitation
Clients acknowledge that the limitations of liability set forth in these terms are a fundamental part of the bargain between the parties and reflect a reasonable and agreed-upon allocation of risk.
By engaging in the use of Nita Design's services, clients accept and agree to the limitations of liability outlined in these terms, understanding the rationale for such limitations and acknowledging the inherent risks associated with the use of digital services.
12. Affiliate Disclaimer
12.1 Affiliate Relationships Disclosure
Nita Design may engage in affiliate marketing and promotion of third-party products or services. This means that, in certain cases, we may earn a commission or receive compensation when users click on affiliate links and make a purchase. The inclusion of affiliate links does not influence our editorial content or the recommendations we provide.
12.2 Transparent Representation
We are committed to transparency and disclose our participation in affiliate programs to our users. When you click on an affiliate link on our website or through our communications, you will be notified that the link is an affiliate link. This notification is provided to ensure that our users are aware of any potential financial relationship between Nita Design and the third-party product or service.
12.3 No Extra Cost to Users
Clicking on an affiliate link and making a purchase does not result in any additional cost to you as the user. The cost of the product or service remains the same, whether purchased through an affiliate link or a non-affiliate link.
12.4 Third-Party Responsibility
Products or services recommended through affiliate links are solely the responsibility of the respective third-party providers. Nita Design does not assume any liability or warranty for the quality, accuracy, or performance of third-party products or services.
12.5 Affiliate Link Placement
Affiliate links may be strategically placed within content, blog posts, or other areas of our website. The placement of affiliate links is done with the intention of providing additional resources or recommendations relevant to the content.
12.6 User Discretion
Users are encouraged to exercise their own discretion and conduct their own research before making any purchasing decisions based on affiliate links. Nita Design does not endorse or guarantee the products or services offered by third-party providers.
12.7 Changes to Affiliate Relationships
Nita Design reserves the right to modify, add, or remove affiliate relationships at any time without prior notice. Changes to affiliate relationships will not affect the terms of service, intellectual property rights, or other substantive aspects of our core services.
By using Nita Design's website or services, you acknowledge and accept the affiliate disclaimer, understanding our commitment to transparency regarding affiliate relationships and the potential for us to earn commissions through affiliate marketing efforts.
13. Newsletter Subscription Disclaimer
By subscribing to our newsletter, you are consenting to receive communication from Nita Design via email. This communication may include promotional offers, updates, and other relevant information. Furthermore, you acknowledge and accept our privacy policy terms, governing the collection, use, and disclosure of your personal information.
14. Governing Law
14.1 Jurisdiction
These Terms of Service are governed by the laws of the United Kingdom. Any legal actions, disputes, or claims arising out of or relating to these terms or the use of Nita Design's services will be subject to the exclusive jurisdiction of the courts of the United Kingdom.
14.2 Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter amicably through good-faith negotiations. If a resolution cannot be reached, either party may pursue legal action in accordance with the laws of the United Kingdom.
14.3 Applicable Laws
These terms are subject to all applicable laws and regulations of the United Kingdom. Nita Design and clients using its services agree to comply with all relevant legal requirements in their interactions and transactions.
14.4 Venue
Any legal proceedings initiated by either party shall take place in the appropriate courts within the United Kingdom. Both parties consent to the exclusive jurisdiction of these courts for any legal action or dispute resolution.
14.5 Enforceability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely aligns with the original intent.
By using Nita Design's services, you acknowledge and agree that any legal matters will be handled in accordance with the laws and jurisdiction of the United Kingdom as outlined in these governing law provisions.
Contact Us
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Last updated: 2024/01/31
