"I'm impressed with not just the scope of the proposal but also of it's clarity and professionalism. They understand how to take a non-technical situation and make the ideas work. Super creative and very knowledgeable. The response to our website increased tenfold once NI43D took over."
Sherron Winer - New Martinsville, West Virgina 26155
Terms & Conditions for New Development Work
An example of our business proposal and work outline can be downloaded here. Questions pertaining to these terms may be sent to firstname.lastname@example.org or use can use the form here. These terms and conditions are effective from March 4, 2017. These terms and conditions are subject to change without notice, therefore it is CLIENT's responsibilty to read and agree to these terms before initiating any new work with NI43D. We will make every attempt to notify our clients of drastic changes in their services or our policies, but are not obligated to do so.
Proposals are carefully prepared based upon the information provided to NI43D by an Authorized Representative of CLIENT. Project costs are maximum quotes for the provision of the work outlined in any proposal or invoice and only cover the objectives and work specified. These agreements are living documents between parties and once initiated, NI43D expects full payment for the services listed. It is not unusual however, for new objectives and requirements to arise in the course of a project. In the event that CLIENT provides new information or instructions during the course of any phase of the project which will require more time and/or expense than originally budgeted, NI43D will inform the CLIENT and prepare a revised estimate or amended proposal. A signed approval of this new estimate will be required in order for work to continue.
Our proposals are valid for (14) fourteen business days from the original date of the proposal's creation. If the project is not initiated within that time, we will gladly re-evaluate the work requested and provide CLIENT with a revised proposal. Sufficient time will be required to reschedule the project for a later date and possibly be moved to a waiting list of no more than (30) thirty days.
Before initiating any work on your project we require that a copy of our proposal be signed by the Authorized Representative of CLIENT, and the initial or total project payment be received and cleared by NI43D. We require the total estimated project costs upfront on projects under $750.00 (US). We require at least ½ of the total estimated project costs upfront on projects over $750.00 (US). NI43D can split your total estimated project costs into multiple payments for projects over $2000.00 (US).
NI43D only accepts Paypal™, credit cards and business checks. Invoices are sent electronically via email and are due upon receipt. Payments for invoices must be received within 7 business days. Late payments are subject to a $25.00 (US) late fee.
Both NI43D and CLIENT shall keep in strictest confidence and shall not disclose to any third party any confidential information of the other. Confidential information includes, but is not limited to, trade secrets, business affairs, research, development, inventions, agreements, correspondence, records, reports, customer and client data, and operational procedures of each party, but does not include information that is generally known or easily ascertainable by the general public, i.e. CLIENT postings on his/her website. Any designs, trademarks, or names created by NI43D are not intended to infringe on the rights of others. The complexity of intellectual property rights is such that NI43D cannot, however, warrant that its clients will be immune from claims of third parties on these matters. It is thus recommended that CLIENT consult with its legal counsel concerning appropriate protection of any intellectual property provided to CLIENT pursuant to the terms of any signed proposal. Our cooperation is always available for the protection of any of these properties. All development work presented to CLIENT becomes the sole property of CLIENT. NI43D requests the privilege of being mentioned as the consultant designer in releases and requests to review the portion of any release dealing with our design program for CLIENT.
CLIENT agrees to indemnify and hold harmless NI43D from and against any/all claims, demands or causes of action and any/all liability, cost, expense (including attorney's fees), penalty, damage or loss which may be made or asserted by third parties arising from NI43D's work on the project outlined in any proposal, including, but not limited to claims relating to patent, copyright or trademark infringement. Similarly, NI43D will in no event be liable, in contract or tort, for damages of any nature related to the use, sale or production of products or other materials designed for CLIENT, even if the possibility of such damages could have been reasonably foreseen.
Complete client satisfaction is our primary concern. While every effort is made to ensure accuracy when the work leaves our hands, it is the CLIENT who is held responsible for the proofreading of all materials before and during their use. The final production of any/all materials designed by NI43D will be overseen by CLIENT; therefore NI43D cannot take responsibility, and shall not be held liable for, any typographical or similar errors discovered in the use of such design projects.
Upon launch of your website, your website will be covered under a sixty (60) day limited warranty. The limited warranty provides assurance that the web application will meet its functionality specifications, as set forth in the approved project document(s). This limited warranty covers any bugs (programming errors) reported to NI43D within sixty (60) days of the site launch date; any bugs reported within this time period will be fixed at no additional charge to the client. After the sixty (60) day limited warranty period is over, all bugs, web application changes and improvements, web application support, consulting and system analysis, and additional training is billable work and will be deducted from your maintenance retainer or is subject to invoice at a standard hourly rate. This limited warranty is limited to the functionalities and features of the web application, as defined by the approved project document(s). Any changes requested outside the scope of the approved project document(s) will be subject to additional charges. Any bugs with third party products (including: servers, database integration, software, and plug-ins) that are determined to be the error of the third party are not covered under the limited warranty and are subject to additional charges. The right to this limited warranty is forfeit if the website or the codes are accessed by the client or any third party company. This limited warranty will not be honored if any payments are overdue.
NI43D will install and monitor your website with web traffic reporting software from Google Analytics™. This traffic analysis software can be compiled into PDF or XLS format, and sent to the client monthly or annually and shows: how, from where, to where, when and from what device(s) visitors are navigating through your website and its content. The information displayed in these reports is extremely valuable for the S.E.O. and overall improvement of your website and its features and provides feedback for future enhancements around the behavior patterns of your site visitors. NI43D reserves the right to change, access or utilize any statistical information and analysis during the development and future maintenance of your website. Google Analytics™, Google Places™ & Google Maps™ are publicly known as free services at the time of this proposals creation, and the client will be responsible for any future 3rd-party costs should they arise in the event that these free Google™ services become paid services, should the client want to continue using their software.