Terms & Conditions


Website Design Agreement

This Website Design Agreement (“Agreement”) is being made between You (“Client”) and DS9 Design (“DS9 Design”). Client and DS9 Design may also be referred to as “Party” or together as the “Parties”. This Agreement will become effective on sign up (“Effective Date”).

IN CONSIDERATION OF DS9 Design providing website design services as desired by the Client, and the Client hiring and paying DS9 Design for website design services, the Parties agree to the following:

Website Design Services

DS9 Design and its designers will create a website (“Website”) for Client in a timely and professional manner based on the specifications in Attachment A (“Services”).

Design Team

DS9 Design may employ qualified designers (“Design Team”) to provide the Services. DS9 Design reserves the right to make changes to the Design Team at their sole discretion. DS9 Design will notify Client of any changes to their Design Team and will provide Client with a reasonable explanation for the changes.

Financing and Payment

Cost. The total cost of the Services is detailed on the invoice.

Down Payment. The Client agrees to make a down payment of fifteen to thirty percent (15% – 30%) of the total cost of the Services (“Down Payment”) to DS9 Design upon signing this Agreement. The Down Payment will be applied to the total cost of the Services and is non-refundable.

Installments. The remaining balance of the total cost of the Services after the Down Payment is made will be paid in twelve (12) equal monthly installments in the amount of the invoice billed (“Monthly Installments”) on the every month beginning on the effective date of this contract.

Method of Payment

Payment of the Down Payment and Monthly Installments will be automatically debited from the Client’s debit or credit cardThe Client is required to provide their preferred payment information to DS9 Design upon signing this Agreement. The Client agrees to promptly update DS9 Design in the event that there are any changes to their preferred payment information.

Termination

Termination by Completion. This Agreement will automatically terminate when the Parties have performed all of their obligations under the Agreement and all payments have been made.

Termination by the Client. The Client may terminate this Agreement at any time by providing DS9 Design with a fourteen (14) day written notice of termination. If the Client chooses to terminate this Agreement prior to full payment of the total cost of Services as detailed in Section 3(a), the Client must pay DS9 Design the outstanding balance no later than the last day of the fourteen (14) day notice of termination period.

Termination by DS9 Design. If DS9 Design or its Design Team makes reasonable requests for a response from the Client and the Client does not respond within thirty (30) days DS9 Design may terminate this Agreement. Additionally, DS9 Design may terminate this Agreement immediately if the Client fails to make payment to DS9 Design in accordance with Section 3. DS9 Design is not required to refund any monies paid for termination of this Agreement pursuant to this Section 4(c).

Copyright Notice

A copyright notice that states “©DS9 Design” will be displayed in the footer on the left side of each page of the Website. This copyright notice may not be removed from the Website.

Intellectual Property

The Client will assume full ownership of the Website and any visuals that DS9 Design provides upon final payment of the total cost of the ServicesDS9 Design will turn over the work product, including any necessary fileswhich the Client will be responsible for safekeeping. DS9 Design is not required to keep copies of their work product or related files following termination of this Agreement. The Parties guarantee they have the legal right to all elements of text, photographs, and anything else that is provided with the intention of being used on the Website. The Parties agree not hold the other Party responsible for any third-party intellectual property claims.

Confidentiality

DS9 Design may be exposed to the Client’s proprietary and confidential information during the course of providing the Services. DS9 Design agrees to hold the Client’s proprietary and confidential information in complete confidence and agrees not to sell the Client’s information to a third party while this Agreement at any time including after termination of this Agreement.

Changes to Credit Report Policy

DS9 Design reserves the right at its sole discretion, to change, modify, add or remove portions of this Credit Report Policy and the other DS9 Design policies at any time, without notice. It is your responsibility to check these policies and terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms and policies, DS9 Design grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Consumer Reports

We may request consumer reports and related information about you in connection with either your inquiry as to whether you qualify for a DS9 Design product (a “Website”) or your submission of an application for a DS9 Design product on the Website (“Product Application”), as further described below. Such requests for consumer reports are regulated by the Fair Credit Reporting Act, which requires that any person using a consumer report must have a permissible purpose. A permissible purpose includes when a consumer (in this case, you) has provided written instruction to the user of the consumer reports (in this case, DS9 Design) to obtain such reports. These consumer reports may be requested from one or more U.S. national credit reporting agencies, such as Experian, Equifax, TransUnion, Credit Safe, or Credit2B (collectively, the “Credit Bureaus”).

Consumer Reports

During your Qualification Inquiry, we may conduct an eligibility inquiry (known as a “soft credit pull”) through the Credit Bureaus to determine whether you initially qualify for a DS9 Design product. This inquiry does not affect your credit score. You certify that your Qualification Inquiry on the Site is a transaction that you initiated with DS9 Design. You further understand and acknowledge that by submitting your Qualification Inquiry on the Site during the Qualification Inquiry process, you are providing written instructions to DS9 Design under the Fair Credit Reporting Act, which authorizes DS9 Design to obtain information from your personal credit profile and/or other information from the Credit Bureaus. Upon your request, we will inform you of the name and address of any Credit Bureau from which we obtained your consumer report.

Product Application

In connection with your Product Application, we may conduct a credit inquiry (known as a “hard credit pull” or “hard credit inquiry”) through the Credit Bureaus to authenticate your identity, to make application decisions and for other related purposes. This inquiry will be recorded on your credit history and may impact your credit score. You certify that the submission of your Product Application on the Site is a transaction that you initiated with DS9 Design. You further understand and acknowledge by entering and submitting your Social Security number during the Product Application process, you are providing written instructions to DS9 Design under the Fair Credit Reporting Act, which authorizes DS9 Design to obtain information from your personal credit profile and/or other information from the Credit Bureaus. Upon your request, we will inform you of the name and address of any Credit Bureau from which we obtained your consumer report.

In the event DS9 Design determines not to offer a DS9 Design product to you based on the consumer report DS9 Design received, DS9 Design will notify you of that determination in compliance with the Fair Credit Reporting Act.

Monitoring The DS9 Design Product

In the event you are approved for and accept a DS9 Design product, you hereby authorize DS9 Design to obtain consumer reports in the form of soft credit pulls at various times during the term of your DS9 Design product in connection with the servicing and monitoring of such product.


Dispute Resolution

Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.

Mediation/Arbitration. If negotiation attempts are unsuccessful, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.

Litigation. If litigation is necessary, this Agreement will be interpreted based on the laws of the State of Florida, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the State of Florida.

Attorney’s Fees. The prevailing party is entitled to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.

Collections. DS9 Design reserves the right to make collection efforts as necessary, to include the use of a collection agency, in an attempt to recover any debts owed to it.

General

Assignment. The Parties may not assign the responsibilities they have under this Agreement to anyone else.

Attachments. All attachments are expressly incorporated as an integral part of this Agreement.

Choice of Law. This Agreement will be interpreted based on the laws of the State of Florida, regardless of any conflict of law issues that may arise. The Parties agree that any dispute arising from this Agreement will be resolved at a court of competent jurisdiction located in the State of Florida.

Complete Contract. This Agreement constitutes the Parties entire understanding of their rights and obligations. This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by the Parties.

Counterparts. This Agreement may be executed in multiple counterparts each of which will be considered an original and all of which taken together will be considered one and the same agreement.

Limitation of Liability. The Client’s liability to DS9 Design is only for the costs payable under this Agreement. The Client will not be liable to DS9 Design, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.

Severability. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.

Relationship of the Parties. The Parties to this Agreement are independent contractors. Neither Party is an agent, representative, partner, or employee of the other Party.

Waiver. Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing. If any provision,right, or obligation is waived, it’s only waived to the extent agreed to in writing.




Notices

All notices pursuant to this Agreement must be sent either by email with return confirmation of receipt, or certified or registered United States Postal Service mail with return receipt requested to the following individuals/entities:

DS9 Design

C/o Billing

141 NE 3rd Ave Ste 201

Miami, FL 33132

By way of electronic signature, the Parties acknowledge and agree to the terms of this Agreement.

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Attachment A

Services

Client Onboarding and Project Scope. DS9 Design will arrange the necessary meetings with Client to gain an understanding of the Client’s needs. During this process, the Client will complete a Website Design Questionnaire, incorporated herein by reference in its entirety, that will be used to solidify the scope of the Services.

Discovery. DS9 Design will collect media and other assets to be used on the Website.

First Look and Request for Initial Revisions. DS9 Design will provide the Client with a first look of the Website. DS9 Design agrees to have the Website substantially completed at the first look. The Client understands the first look is not intended to be a final draft of the Website. The Client will have five (5) business days to submit request(s) for revisions.

Final Look and Request for Final Revisions. DS9 Design will provide the Client with a final look of the Website. The Client will have five (5) business days to submit request(s) for revisions.

Launch. DS9 Design will launch the completed Website on DS9 Design’s hosted network.

Support. Upon completion of the Services, the Design Team will be available for one (1) month to provide Client with reasonable technical support and correct any errors or deficiencies in the Website.

Timeline of Deliverables

DS9 Design will make best efforts progress through each stage of the Services in a commercially reasonable amount of time. DS9 Design will provide an update on the status of the Website to the Client at least every five (5) business days.

Request(s) for Revisions

DS9 Design reserves the right to update the total cost of the Services as listed in Section 3(a), or refuse to implement any requests for revisions, in the event that the revisions materially alter the scope of the Services.

Design Team

The designer(s) creating this Website is/are:

DS9 Design

877-816-0192

This contact information is not to be used for official notices pursuant to this Agreement. For official notices, please refer to Section 10 of this Agreement.

[End of Attachment A].