Terms of Use
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Terms and Conditions for Web Design by Niva Corp.
Introduction These Terms and Conditions govern the provision of digital marketing, website design, web development, e-commerce marketing, and social media management services provided by Web Design by Niva Corp. By engaging our services, visiting our site at byniva.com, or accepting a proposal, you agree to be bound by these terms. Web Design by Niva Corp is a Miami Website design and digital marketing company. Web Design by Niva is a digital marketing, web design and web development company based in Miami, Florida. We offer best-in-class web design, web development, digital marketing (SEO, SMO, SMM, PPC, etc.), advertising, branding, and graphic design. When you hire us, we take care of everything from start to finish.
Services We provide customized services including but not limited to web design, front and back-end development, e-commerce solutions, SEO and SEM, social media management, content creation, branding, and graphic design. Project scope, deliverables, timelines, and fees will be set forth in a written proposal or statement of work. Any change requests beyond the agreed scope will be documented and may incur additional fees and time adjustments.
Client Responsibilities Clients must provide timely access to necessary information, assets, credentials, feedback, and approvals. Delays caused by client inaction may affect delivery dates and incur additional costs. Clients represent that all materials they provide are owned by them or that they have secured necessary rights, licenses, and permissions.
Fees, Billing, and Payment Fees and payment schedules will be provided in proposals. Initial deposits are required for project commencement. Final delivery may be conditioned on receipt of all due payments. Late payments may accrue interest and may result in suspension of services. All fees are in US dollars unless otherwise stated. Additional costs such as third-party hosting, domain registration, advertising spend, or premium plugins are the responsibility of the client unless otherwise agreed.
Intellectual Property Upon full payment, Web Design by Niva Corp assigns to the client ownership of final delivered website files and designs as specified in the agreement, excluding third-party tools, libraries, templates, or components subject to separate licenses. We retain the right to showcase work in portfolios and marketing materials unless a confidentiality agreement states otherwise.
Confidentiality Both parties agree to protect confidential information disclosed during the engagement. Confidential information does not include information that is public, independently developed, or rightfully obtained from third parties.
Warranties and Disclaimers We warrant that services will be provided in a professional manner consistent with industry standards. Except as expressly set forth, services and deliverables are provided as is without additional warranties. We do not warrant uninterrupted service or specific search engine rankings. Client is responsible for content accuracy and compliance with laws and regulations.
Limitation of Liability To the maximum extent permitted by law, Web Design by Niva Corp liability for any claim arising out of or relating to the services or these terms will not exceed the total fees paid by the client to Web Design by Niva Corp under the applicable agreement. We are not liable for lost profits, lost data, or consequential damages.
Termination Either party may terminate the agreement for material breach if the breach is not cured within a specified period. Upon termination, all outstanding fees and expenses become immediately due. We may retain copies of work in progress and deliver materials upon payment.
Maintenance and Hosting If hosting or maintenance is provided, service descriptions, backup procedures, uptime commitments, and support details will be set forth in a separate agreement. Hosting providers and third-party services are subject to their own terms.
Third-Party Services Use of third-party services, plugins, or platforms may be required. Client agrees to comply with those providers terms and to pay associated fees.
Indemnification Client will indemnify and hold Web Design by Niva Corp harmless from claims arising from client-provided content, materials, or violations of law, except to the extent caused by our gross negligence or willful misconduct.
Governing Law and Dispute Resolution These terms are governed by the laws of the State of Florida. Parties will seek to resolve disputes in good faith. If unresolved, disputes will be subject to arbitration or litigation as specified in the agreement.
Amendments We may update these terms from time to time. Material changes will be communicated to clients. Continued engagement after notice constitutes acceptance.
Contact For questions or notices, contact Web Design by Niva Corp via the contact information on byniva.com.
Acceptance By engaging Web Design by Niva Corp services, the client acknowledges that they have read, understood, and agree to these Terms and Conditions.