TERMS & CONDITIONS 

TERMS OF SERVICE AGREEMENT. By purchasing any service from Nia e. Creative Marketing & Brand Design, the client is agreeing to the terms of service agreement as expressed below. These policies have been put into place to protect both the client and Nia e. Creative Marketing & Brand Design

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AUTHORIZATION. The client is engaging as an independent contractor for the project discussed. The client hereby authorizes us with full excess to all necessary materials, accounts, resources and programs for project completion. Our company will not share, trade, distribute or sell this information, nor are they to be held responsible for any damage or loss of data.

PAYMENT OPTIONS: E-checks are NOT accepted for payment. AMEX, Discover, MasterCard and VISA credit cards are accepted through PayPal, our online payment vendor. Business checks must be submitted 7 days prior to the due date. NO eChecks or money orders! Our company payment system is powered by PayPal, therefore we are not protected under certain bank policies and procedures. Please make checks payable to Taniah English . Checks made payable to anything else will be returned. Mail your check along with a copy of your invoice. Please note; if you have a personal Pay-pal account, you will need to verify and confirm the email address on your account before I am able to send you an invoice. Please make sure to plan accordingly. 

E-CHECKS VS INSTANT TRANSFERS: An eCheck is an electronic payment funded by the buyer’s bank account. With an eCheck, the recipient should receive the money within 3-6 business days. Both eChecks and Instant Transfers are ways to pay with your bank account. With an Instant Transfer, our company receives the money right away. You only need to have a confirmed U.S. bank account to send an eCheck, but an Instant Transfer also requires a backup funding source such as a credit or debit card registered on your PayPal account. 

 

Nia e. Marketing & Brand Design is not responsible for bank overdraft fees due to Paypal eCheck cancellations. Once our company notice an eCheck submission, we will automatically denied the transaction. Please be aware your bank on there other hand, will still process the transactions but payments will NOT process to our company. If you’d like to cancel an eCheck after it’s issued, please call your bank. Payments past due will be subjected to additional late fees. Please contact your Bank or Paypal for further instructions about your account. 

 

PROJECT BREAKDOWN | CONTRACTS: Contracts must be complied with in good faith. Terms & conditions are agreed upon all electronic payment submission and processing on the date that payment has been received. 

CHANGE, OR UPGRADE YOUR SERVICES: We want to make sure you're getting the most out of your Retainer Program, and we understand that things change. Please know that we're committed to improving every aspect of your experience and we're working hard to make that happen. To upgrade or change your services with another service, please contact us to find an option that's right for you. 

 

Please note that although your retainer program is a monthly contract, each service is different and required different deliverables. Additional services and processing fees may apply. Our team will provide a documentation to outline the scoop of the work to ensure that the client fully understand before proceeding. 

BARTER SERVICES: Our company no longer provides professional bartering services for any type of services in return for another service. Especially if  the reciprocal barter isn't equal. We value our client relationships and do not want to tarnish any miscommunications in the future. 

PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by Consultant shall be determined by Consultant. Client will rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant's obligations under this Agreement. 

RETAINER FEE. Monthly retainers provided ongoing support at a discounted rate up to the number of hours set fourth in this agreement. Client will pay a retainer to Consultant for the Services in the selected amount. This fee shall be payable in advance upon contract signing. This retainer is non-refundable. Consultant shall bill first to the retainer. Upon depletion of retainer, Client shall pay additional fees, if any, upon presentment of a billing statement by Consultant. Services rendered beyond the retained number of hours will be billed at the full hourly rate with payment due upon receipt.

HOURLY PAY BASIS. Initial hours will be applied against deposit until expended at $50 per hour. Subsequently, Client will be billed on a weekly basis for each prior week’s hours. Payments are due upon receipt. Payments rendered are considered fully earned and non-refundable.

ADDITIONAL WORK. Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement. Services requested by Client and provided by Service Provider that do not fall within the scope of this Agreement will be billed separately at the full standard hourly rate according to service category with payment due upon receipt. 

RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an independent contractor with respect to Client, and not an employee of Client. Both parties agree that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Consultant. Due to the virtual nature of the relationship, Client  understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work. 

IN-PERSON CONSULTATIONS: There is a $100 per hour minimum fee for in-person consultations. We will travel over 10 miles but there may be a travel free involved. The consultation fee, or lack thereof, depends on the distance, amount of the consultation, and other variables. Most consultations are done during the week, but we can do our best to make arrangements during the weekend. The consultation fee must be paid in full via Paypal invoice 24hrs. prior to schedule meeting time. If we’re retained or if a potential client engage in our services, we will credit the consultation fee from your first invoice. Our consultations are more of an analysis interview. These consultations take as much time as is needed for us to fully analyze our clients. Prior to the call we will gather and review all relevant information about your company. It has been my general experience that clients leave my meeting, with questions answered, expectations are brought into perspective and excited to begin.

WEB DESIGN INTERVIEW: The initial consultation with the client to find out what is needed of the website. The initial consultation also gives us a chance to ask questions and get to know your business, your target audience and the objectives for the website so we can apply our expertise in developing a plan to help you achieve your online business goals. Please give us 3/4 weeks once ALL content is submitted to complete all web design project. 

PAYMENT SCHEDULE: The client will make a 60% downpayment prior to work commencing. The project can be scheduled once the downpayment is received by the designer. The downpayment is non-refundable. The remaining 40 percent is payable to the designer upon completion of the project, and before original art work is supplied to the client. If the project is delayed or behind schedule, final payments are still required on a timely basis. We cannot maintain schedules for clients who are late on deliverables. We will not held responsible when the client fails to uphold their end of the agreement and the meet deadline due to our time and commitments with other customers.

OFFICE HOURS & COMMUNICATION. Office hours are Monday through Friday 9:00 am to 3:00pm(EST). Email or text is to be the primary form of communication between Client and Service Provider. Service Provider is available for phone calls, text messages during office hours only. Occasional calls of only a few minutes in duration are not typically billed to Client. However, the time of both parties must be respected, and calls lasting over to allotted time will be billed to Client. Telephone meetings must be prescheduled. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed to Client. For client who ARE NOT a part of our retainer program, there is a minimum $50 per hour consultation fee. Consultations/Intake Meetings are by appointment only. 

PROJECT COMPLETIONS. Basic support receives 24-48 hours attention. Each new or special project requires a minimum three (3) days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge and/or other rush fees. Service Provider reserves the right to refuse any project or service request. 

MATERIALS & INFORMATION. Client will provide all content, outlines, photos, project images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the agreed services or project. 

EXPENSES. Expenses incurred on behalf of Client are not included in any fees and will be  billed to Client. Reimbursable expenses may include, but are not limited to, office supplies, file folders, envelopes, prints, mileage, long- distance telephone charges, and payments made to vendors. On-site visits will be billed for meeting time, roundtrip travel and mileage. Payment is due upon receipt. 

DELIVERY. Clients must submit all content via email or dropbox. Delay content will delay overall completion of work. Completed projects are delivered via email. 

 

LATE PAYMENTS. Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. If, after the project has commenced, subsequent invoices are not paid within 10 days, a 10 percent “delayed payment” fee will be charged. This initial 10 percent figure will be added upon each recurring 5 day period until the full amount has been received by the designer. 

INDEMNIFICATION/ RELEASE OF LIABILITY. Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. 

 

REFERRAL PROGRAM. Nia e. Creative Marketing & Brand Design may choose to not accept anyone for any reason. We may also cancel an agreement with whomever we choose after accepting them, for whatever reason. If that happens we will send any rewards earned before cancellation occurs. This program and terms are subject to change at anytime without warning. 

WARRANTIES AND LIABILITY. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of Nia e. Creative Marketing and Brand Design. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold Nia e. Creative Marketing & Brand Design harmless from any claim resulting from the client’s publication of material or use of those materials.

TERMINATION. This agreement may be terminated by either party for any reason with 14 (fourteen) days advance written notice. Consultant has the right to terminate an account due to but no limited to repeated violations such as; failure to make monthly payments.  If, after project commencement client communication (face-to-face, telephone, or email) stops for a period of 90 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion.

NONDISCLOSURE. Consultant is required to disclose any outside activities or interests that conflict or may conflict with the best interests of Client. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to other consulting relationships that may conflict with this Agreement. Consultant is not an Attorney, nor licensed to practice law. Discussions can skirt legal issues and should be interpreted as opinions, or things to consider. If legal advice is desired, consult an Attorney. Client maintains control of all decisions and should reject advice that they do not agree with. Consultant cannot control future events, therefore cannot be responsible for long term outcomes of business or financing strategies. 

CONFIDENTIALITY. Client recognizes that Consultant has and will have the following information: Business affairs; financial information; personal information; future plans; and other proprietary information (collectively, "Information") which are valuable, special and unique assets of Client and need to be protected from improper disclosure. In consideration for the disclosure of the Information, Consultant agrees that Consultant will not at any time or in any manner, either directly or indirectly, use any Information for Consultant's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior consent of Client. Consultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. 

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REFUNDS. Due to the digital nature of the files, refunds will not be given.

SEVER ABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

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© ALL RIGHTS RESERVED THE CREATIVE DESIGN STUDIO, LLC PA

 

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