Terms and Conditions
Terms and Conditions
Between us: Nembono Media
and you: Client
The Terms and Conditions become effective upon acceptance of this contract. We make sure we always do our best to fulfil your needs and meet your objectives, but sometimes it is best to have a few simple things listed out so that we both know what is what, who should do what and what happens if something goes wrong. In this contract, you won’t find complicated legal terms. We have no desire to trick you into signing something that you don’t understand and might later regret. We do want what’s best for the safety of both parties, now and in the future.
What do both parties agree to do?
As our client, you are given the power and ability to enter into this contract on behalf of your company or organisation. By agreeing to be our client, you ensure to provide us with all the necessary information that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You also entitle yourself to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work both ways and both of us should be bound by any dates that we set together. You also agree to stick to the payment terms that are listed in the latter section of this page.
Nembono Media will start carrying out work only after this is signed and returned to us by the client. We have the expertise to perform the services you need from us and promise to carry them out with utmost professionalism. We make sure we meet all the deadlines set in a timely manner however we can’t be responsible for a missed launch date or a deadline if you have been late in supplying the required information or have not approved or signed off certain important documents at any stage. On top of this, the confidentiality of any information that is shared between us in any form should by no means be shared with any third party for personal or professional purposes.
Getting down to the Finer Details
We will create designs that fit perfectly with the look, feel, layout and functionality of your project. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions to make necessary changes. If you’re not happy with the designs provided by us at this stage, you will pay us the sum of money that corresponds to the level work that we have done until that point. Henceforth, you may either cancel this contract or continue to work with us to make few further design changes at the daily rate set out in our original estimate.
The content work that we provide you or assist you with will be charged based on an hourly basis or the content input.
You will supply us photographs in digital format alone. If you have opted to buy stock photographs, we can suggest vendors of stock photography or purchase them for you. Professional photography that we undertake or any time we spend searching for appropriate photographs will be charged out at their relevant hourly rates.
Changes and Revisions
Fixed-price contracts are rarely beneficial to you, as they limit the level of ideas that could sprout out after the initial ideas that you have come up with. We encourage you to come up with additional ideas. However, the initial quote is entirely based on the number of hours that will be needed to accomplish the then decided activities. If there are changes or revisions brought out to the already existing plan, you will be charged accordingly.
If you don’t manage your own website hosting, we can guide you in that front. If this is the case, Nembono Media will look after every aspect of your technical setups, such as email account/s setup, and will help liaise with the hosting provider for a resolution when there is a server problem. Your annual web hosting renewal fee will be charged out by Nembono Media (2 weeks prior to renewal) with a GST invoice provided.
You have to use your own virus protection software. Nembono Media holds no guarantee that the Website will be secure or free from viruses. It is the duty of the client to take suitable precautionary measures to avoid bugs and viruses affecting the website or information shared. You must not misuse the Website by wantedly introducing viruses, trojans or any harmful software which is technologically harmful or malicious. You shall by no means attempt to gain unauthorised access to the Website. The server on which the Website information is stored or any server, computer or database connected to our Website shall by no means infected by virus resulted from negligence or purposeful act from your end.
While every step is carefully taken to ensure that everything works perfectly, no guarantees can be made as to the availability or interruption of this service by Nembono Media and Nembono Media cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of sales, revenue, profits or indirect loss even if you have advised us of the possibilities of such damages.
You guarantee to us that any information that is provided to us in the form of text, graphics, photos, designs, trademarks, or artwork for inclusion in the website are either entirely owned by you or you have permission to use them.
When we receive the final payment from your end, copyright is automatically assigned as follows:
You own the text, graphics, visual elements and other mentioned information that we create for you for this project. We will provide you with a copy of all the files we have together dealt with and you should store them safely as we do not require to keep them or provide any native source files that we used in making them.
You also own information in the form of text, photographs and other data that you have provided unless someone else owns them. We own the XHTML markup and other corresponding codings, and we license it to you for use only on this project. We also reserve the right to display and link to our portfolio the work we have done for and to write about the project on our website, on social platforms, magazines and well-renowned forums.
Even-though we encourage our clients to make payments as per mutual agreement, we also ensure that the quality of work is never sacrificed for slight delays in payment. We understand the situation of our clients in various aspects and make sure payment plans are flexible to the needs of our clients.
You are entitled not to transfer this contract to anyone else without our permission. This contract stays in place and there is no need to be renewed. If for some unlisted reason one part of this contract becomes unenforceable, the remaining parts of it will still remain intact.
Even though the language in which the terms and conditions are written is simple, the intentions are serious and this contract remains as a legal document under the exclusive jurisdiction of courts.