These are the main terms of business of the Agency (“the terms”). In the terms: “The Agency” shall mean Ni Ki Cruz Marketing and Creative Communications Agency and any successors or assigns. "The Client" shall refer to the entity hiring the services of "The Agency."
These terms and conditions shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for herein.
Where advertising, photography, artwork or design has been commissioned, the parties agree that copyright for all work carried out is retained by The Agency.
4. Client's Obligations
The Client is required to provide clear and detailed instructions and any other important details related to project(s).
5. Client's Proofs
The Agency shall incur no liability for any errors, omissions or amendments not identified or corrected by the Client. Client’s alterations and additional proofs shall be charged at an extra cost.
6. Payment Terms (Standard)
The Agency requires 50% retainer payment for any design and product development services projects valued above $500.00. Balance payment is due upon completion of the project. Projects valued below $500.00 must be paid prior to commencement of any work. Ni Ki Cruz Marketing will not be responsible for project delays due to delays in payment .
7. Payment Terms (Virtual Assistant Marketing Plans)
The Agency requires full payment of the selected plan prior to commencement work for any virtual marketing assistant plans. All plan cycles are from the first of the month to the last day of the month. You will be invoiced five days prior to the start of the new cycle. Plans not used by the 10th day of the billed cycle will be conisder a cancellation.
8. Cancellation Terms (Standard Services)
Cancelling the project after work has commence will result in partial return of payment for the project based on the level of completion at the time of cancellation.
9. Cancellation Terms (Virtual Assistant Marketing Plans)
Refunds will not be provided once plan minutes have started to be used. Plans not used by the 10th day of the billed cycle will be conisder an inactive plan and will recieve a refund minus a cancellation fee. Cancellations will incur a 20% administrative fee.
10. Product Devlopment
The Agency will provide proofs of the final product for your approval. You are required to approve the any proofs prior to the start production of the working version of the product or being sent to print. Changes to design or layout once production has started will incur additional charges. Due to the difference in monitors, coding programs, printers, and other devices may not match the final proof exactly. You understand there may be a difference from design to final project. When it comes to printing, you are highly recommended to request a hard copy proof to ensure what you see on your proof matches your vision of what the final product should look like. The Agency is not responsible for any misprints, spelling or grammar errors at any point throughout the design and layout process.
11. Third Party Suppliers
The Agency uses third party suppliers for services such as email marketing, web hosting and search engine advertising, etc. The Agency will not be held liable for issues arising due to the functionality and service of such third party products and if such issues are raised they will be directed to the supplier.
12. Obscene Material
The Agency shall be under no obligation to work on or print any matter which in its opinion is or may be of an illegal or libellous or obscene in nature or an infringement of the proprietary or other rights or any third party.
The Client is not allowed to assign any claims and obligations under these terms to any third or external parties.
If any part of these terms of business shall be found by any court to be invalid, the invalidity should not affect the remaining conditions and the parties shall attempt to substitute therefore invalid condition having as near the same effect as the invalid condition as shall be legally permissible..