TERMS & CONDITIONS
Last Revised: 06/19/2023
The following is a legal agreement between you (“you,” “clients,” or “User/s”) and the owners, designers, operators, contractors (“we,” “us,” or “NJS Creative Designs LLC. also known as NJS Creative Designs”) of the site at njscreativedesigns.com (the “Website”) and all related work, designs (mock-up, discussed, and final), copywriting, drawing, ideas, copy, pictures, logos, materials, and videos and other services that we provide (together, the “Service”). Any design, copywriting, drawing, idea, discussion, or code created for the customer by NJS Creative Designs, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of NJS Creative Designs and any of its relevant sub-contractors.
Your use of all Services, and our provision of Service to you, constitutes an agreement by you and NJS Creative Designs to be bound by the terms and conditions in these Terms of Service (“Terms”).
All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
NJS Creative Designs will not be held responsible for any and all damages resulting from such claims. NJS Creative Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold NJS Creative Designs responsible for any such loss or damage. Any claim against NJS Creative Designs shall be limited to the relevant fee(s) paid by the customer.
FOR DESIGN CLIENTS
PURPOSE OF THE AGREEMENT WITH NJS CREATIVE DESIGNS & DESIGNERS
The client agrees to NJS Creative Designs definition of acceptable means of supplying data to the company. Text is to be supplied to NJS Creative Designs in electronic format as standard, MS Word (.docx), Portable Document Format (pdf), Google Docs, or via email. Images (JPG, PNG, PSD, GIF, ESP) Videos (MP4), and Audio (MP3) which are supplied in an electronic format are to be provided in a format as prescribed by NJS Creative Designs via website, email, Google Drive, or through a secured link. Images must be of a quality suitable for use without any subsequent image processing, and NJS Creative Designs will not be held responsible for any image, video, or audio quality which the client later deems to be unacceptable. Ideas are to be discussed as NJS Creative Designs deems suitable via Zoom, email, text, phone, or in person. NJS Creative Designs cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography or videography and art direction, photography or videography searches, media conversion, digital image or video processing, or data entry services, color correction and alteration of images, video, or audio.
Upon the final approval of design and final payment, the design will be sent as a digital file (JPG, PNG, PDF, graphic file format). All rights to website designs will be transferred to the Client.
Upon the conclusion of the Creative Brief, estimated project duration should be deemed to be from the date that cleared funds for the Initial Payment and the signed Letter of Agreement are received. The duration of the project from commencement to Conclusion is thirty (30) days. If the preliminary proceedings are not met in a timely manner by the Client, NJS Creative Designs cannot be held responsible for any project cancellations, whatever the cause. Overruns are optional with an additional fee (disclosed in the Letter of Agreement).
The Design Phases are as follows:
Initial Consultation - The Creative Brief
The Conduction Of Agreement - Letter of Agreement & Initial Payment
Preliminary Design Phase - Follow Up Session & Brainstorm
Review & Revise
Transfer of Design Ownership
Rights Of Access For Website Construction
The client agrees to allow NJS Creative Designs all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow NJS Creative Designs access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply NJS Creative Designs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
NJS Creative Designs require that a template or design packet is approved by the customer before the design process commences. Once the template(s) or design packet(s) for the website are approved by the customer, designing will commence; any revisions to the design will incur an additional charge.
Once the design is complete, NJS Creative Designs will provide the customer with the opportunity to review the resulting work. NJS Creative Designs will make three minor changes at no extra cost within 14 days of the start of the review period. Minor changes include textual changes, updated images, color updates, and small adjustments to placement of items within the design. It does not include added pages, services, or any navigation features to the website. It does not include a completely new creative direction for logo, printing, or digital designs. It does not include grammar or spelling edits for ebook manuscripts. Any minor changes can be notified to NJS Creative Designs by email (email@example.com).
The customer agrees to allow NJS Creative Designs to place a small credit on printed material, exhibition displays, advertisements and/or a link to Designer’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow NJS Creative Designs to place websites and other designs, along with a link to the client’s site on NJS Creative Design's own website for demonstration and example purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
NJS Creative Designs will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. NJS Creative Designs also reserves the right to refuse work, to include, or exclude submitted material without giving reason. In the situation where any images and/or data that NJS Creative Designs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow NJS Creative Designs to remove the contravention without hindrance, or penalty. NJS Creative Designs is to be held in no way responsible for any such data being included or excluded.
If NJS Creative Designs does not receive a response or required tasks via email, text, phone call, or website forums from the customer/client within two weeks (14 days), NJS Creative Designs reserves the right to close all project activity. NJS Creative Designs will send one (1) Formal Warning via email and one (1) formal notice of project closure via email. NJS Creative Designs will not send reminders or follow up texts/emails asking if previous emails were received or read. Communication is a requirement for all parties towards the completion for each project. In the case that NJS Creative Designs has to close a project of any kind due to a failure of Client’s response, no amount paid by the Client will be refunded. The client will then be asked to schedule a new Initial Consultation as the project will then be deemed as a new service. If the new service begins and the Client continues in failure of response or to complete required tasks on time, NJS Creative Designs reserves the right to put the project in Default Status and/or close the project for a 90 day waiting period.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. NJS Creative Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions Quotation
The placement of an order for design and/or any other services offered by NJS Creative Designs by email, social media, verbally, or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.njscreativedesigns.com.
An estimate validated by the customer’s signature on the Letter of Agreement, Payment Agreement, estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory “Client” and NJS Creative Designs.
Client Cancellation Policy
If the client desires to cancel service(s), the request must be submitted via email to NJS Creative Designs (firstname.lastname@example.org) 24 hours after the order was placed. If the Client submits the cancellation within 24 hours of booking a service with NJS Creative Designs and its Partners, a partial payment will be refunded to the client. Failure to submit the cancellation in the allotted time will result in a refused refund.
The rights granted to Client are for the usage of the Final Designs in their original and/or revised form only. Nonexclusive license to use, unlimited duration, worldwide, this website only, client may not modify. All other rights to be negotiated separately.
Reservation of Rights:
All rights not expressly granted above are retained by the Designer, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee ($20.00 per revision during the Design Phase Only).
Three (3) revisions may be made only by the Designer during the Preliminary Design Phase, first thirty (14) days. Additional fees will be charged for revisions made after three preliminary design revisions, and for additions to project scope.
All payments are due on the date listed at the top of each invoice. Most projects require Fifty percent (50%) upon project commencement, remaining upon project completion. In the event that the client is unable to pay the complete 50%, please contact NJS Creative Designs for a payment plan. All other projects are to be paid in full by the due date listed along each invoice. If the project has commenced and the Project Completion balance enters the past due period, please contact NJS Creative Designs immediately to prevent additional fees and the project from transitioning to our cancellation phase.
Payment due fifteen (15) days from issuance of invoice or on the specific date listed on each invoice. A two percent monthly service charge will be billed against late payments. Grant of final project is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement. In the event that a check or electronic payment fails, an additional $35.00 fee will be billed to the client.
If the client desires to cancel service(s), the request must be submitted via email to NJS Creative Designs (email@example.com) 24 hours after the order was placed. At this time, partial payment (75%) will be refunded to the client. Failure to submit the cancellation in the allotted time will result in a refused refund and/or compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation, all rights to the design revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.
If the Client fails to meet the required task due dates, the project enters a Generosity Period which includes the following details:
This option is only available to client's who show cause for this level of service.
The additional cost of $20.00 per task per day will be added to the remaining project balance.
If the Client fails to submit tasks and accumulates late fees after 1 week, the project falls into default where the Client is then provided options based on the project status and Client cooperation.
The Default Program Partnered with Soul Suite 412
Only available to Client's with cause. Applied when clients have allowed projects to enter into default.
This program will include three (3) virtual sessions that must be completed in one (1) week.
The cost of this program will be removed from the total late fee balance.
If the sessions are not completed and the required goals are not met, the project will close completely and cannot be reopened with NJS Creative Designs until the 6 month waiting period concludes.
Waiting periods are put into place once a project has closed and the Client would like to restart the project. The waiting period varies between 90 days and 6 months. The specified period depends on the status of the project.
Permission of Use:
The Client agrees to grant NJS Creative Designs and the designer(s) non exclusive rights to reproduce and publish completed work at its websites, for promotional use, and on all social media platforms indefinitely. With the Client’s permission, a link to the client’s website and/or social media page will be attached to the shared content.
Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within thirty (30) days of completion of the project and all rights in and to any Preliminary Works shall remain the exclusive property of Designer.
FOR COACHING CLIENTS
PURPOSE OF THE AGREEMENT WITH COACH CRYSTAL
The Purpose of this Agreement is to enter a coaching relationship between the Coach and the Client, where the Coach will train the Client and cultivate his/ her personal, professional, and/ or business goals.
The Coach will also create a plan to carry out the goals mentioned in the Agreement to maximize the Client’s personal and/or professional potential.
This Agreement shall enter into force on the agreed date by the Parties.
This Agreement may be renewed only by the written consent of the Parties.
The time of the coaching meetings will be determined by Coach and Client based on a scheduled appointment online. If the Coach utilizes any other time for a scheduled call, Client will be notified prior to the scheduled appointment time.
RESPONSIBILITIES AND DUTIES OF THE COACH TOWARD THE CLIENT
1. To partner with the and offer mindset management techniques to retrain the brain.
2. To be attentive in all sessions conducted and to the Client’s goal planning.
3. Develop pinpoint strategies founded on Christian values based on the review of the Client’s intake assessment.
4. Challenge Client including but not limited to offering fresh perspectives, make requests (with an understanding that the
Client can refuse at any time to participate), assigning homework, and acknowledge Client’s victories.
5. Guarantee utmost confidentiality (to the fullest extent of the law, and so long as I don’t fear for the Client’s or another’s
DISCLAIMER: I am not a psychotherapist or physician, and I am not trained in diagnosing psychological or medical conditions. If any issues come up for you that should be handled by a licensed therapist or physician, I insist that you must attend to your health by contacting the appropriate professional.
If the Client becomes irate at any time, the coach has the right to end the contract immediately without prior notice.
RESPONSIBLITIES AND DUTIES OF THE CLIENT TOWARDS THE COACH
1. I, as the Client will commit to see it through until the finish line. However, during this journey, if I desire to end it, I will give
the Coach a two weeks’ notice. (NO REFUNDS)
2. I, as the Client am motivated and committed to taking action on my determined journey. I realize that anything less than
my intentional full participation will not lead to my success.
3. I, as the Client accept full responsibility for myself and any actions I take that may result in this journey.
4. I, as the Client agree to honor my scheduled session times.
5. I, as the Client am solely responsible for creating and implementing his/her own physical, mental and emotional well-
being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her
coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or
responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client
understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat
any mental disorder or medical disease.
6. I, as the Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined
by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling,
psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal,
medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent
professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended
that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship
agreed upon by the Client and the Coach.
7. I, as the Client agree to honor all of my financial agreement as well as any add -ons that will be discussed before any
additional agreements are determined during my time with Coach Crystal Billingsley.
8.I, as the Client understand that in order to enhance the coaching relationship, the Client agrees to communicate
honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
9. I, as a Client have read and agree with the Guidelines and the Agreement.
PAYMENT FOR SERVICES
The Client will pay the Coach an amount disclosed for the performance of the Services (hereinafter referred to as “the Fee”). The Fee is to be paid in full before the commencement of Services. The calls/ meetings shall 45 minutes. Coach Crystal Billingsley reserves the right to alter rates and/or services at any time with discretion. If rates change before an agreement has been signed and dated, the prevailing rates will apply. No refunds are applicable.
- Whereas the Coach will invoice the Client based on the duration of the specified coaching package and/ or duration of the coaching sessions on the final business day of the first full month after the Coach’s initial assignment and at the end of each month thereafter.
All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Client, unless the disclosure is required pursuant to process of law.
Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Coach.
Whereas the Client agrees that it is his/her responsibility to notify the Coach 48 hours prior to engaging in the scheduled calls and/or meetings.
Cancellations are non-refundable.
The Coach will attempt in good faith to reschedule the missed meeting.
Hereby, the Client agrees that any intellectual property provided to him/her by the Coach will remain the sole property of the Coach, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
The Parties agree that this Agreement is not an exclusive arrangement and that the Coach is entitled to enter into other similar agreements with other clients.
LIMITATION OF LIABILITY
In no event shall the Coach be liable for any damages for any indirect, consequential or special damages. - The Coach, hereby, makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed upon and rendered.
In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to any of the following: arbitration/mediation/negotiation in accordance with, and subject to the law.
In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
This Agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
As such, any amendments made by the Parties will be applied to this Agreement.
If I ever say or do anything that upsets you or doesn’t feel right, please bring it to my attention so that we can resolve it as soon as possible. My objective is to be fully open, honest, real and trusting in our communication styles. We should both realize that communication via telephone or email entails extra challenges since we cannot see body language, facial expressions, etc. Therefore, we give each other plenty of latitude, and promptly ask for clarification if there is a misconnection.
The Information We Collect. This notice applies to all information collected or submitted on/with nicolejsmith.com/ NJS Creative Designs. We use the information you provide about yourself or your company when booking a service only to complete that service. We do not share this information with outside parties except to the extent necessary to complete that service. We use your email address to communicate, remind, and to inform you on the status of your service. Your email addresses are not used for any other purpose and are not shared with outside parties.
Protecting Your Information, NJS Creative Designs, will take appropriate steps to prevent unauthorized access, maintain data accuracy, and ensure the correct use of the information you provide us. Whenever you give NJS Creative Designs sensitive information, NJS Creative Designs will take reasonable steps to establish a secure connection with your web browser.
How To Contact Us
Should you have any questions or concerns about these privacy policies, please send us an email at firstname.lastname@example.org
Outside visitors have the right to view, but NOT to re-distribute, revise, claim, re-post, modify, re-use, print any work shown on www.njscreativedesigns.com or related social media sites.
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