Terms of Business

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below.After starting any job with NINE2, you authorise NINE2 and its associated companies to proceed with the creation of the service’s/product’s as discussed with the sales representative and confirmed on the Job Approval.

After starting any job with NINE2, you authorise NINE2 and its associated companies to proceed with the creation of the service’s/product’s as discussed with the sales representative and confirmed on the Job Approval.

Office Hours

NINE2 office hours are 9:00am – 6:00pm, Monday to Friday.

Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day. Where staff mobile telephone numbers are provided, we ask that you exercise discretion when calling out of hours and only call in emergencies, as in some cases these are also the staff’s personal telephones.

We appreciate your understanding.

Contacting NINE2

In order to deal more effectively with your queries, we ask that you put any questions to us in writing. This system allows us to distribute questions to the appropriate person(s), and thereby respond to you, more efficiently.You can contact us anytime via email

You can contact us anytime via email at: office@nine2.co.uk or via our social media feeds.

Definitions

You, Your – The customer purchasing the services included in this contract.
b) We, Our, Us – The owners NINE2, or any Company to whom We may assign our rights under the Contract.”

Authorisation

You, the client are authorising Us to perform these services on Your behalf, which may include accessing Your hosting account and disk space, creating databases and applications, and using third party services.

Control

You are hiring Us as an independent contractor, not as an employee, giving you no right to define the closed door work schedule unless otherwise stated in this Contract. You also do not have the right to define where We perform Our work.

Sole Agreement

The work to be performed is limited to specifically what is set out in this Contract. Any additional work, or change in work, will require an additional Contract. There is no mutual obligation between either Us or You to perform future work.

Confidentiality

Both Us and You agree that any business information discussed during the project will remain confidential throughout the project. Your project will also be kept confidential until the launching of the project (unless agreed, in advance, otherwise by Us and You).

Scope of Work

The work will be designed and/or built to the specifications detailed in the Proposal sent to you after initial consultation.

Content

You are to provide the content for the project.
In cases where you do not have any content or are unable to provide this yourself, you must seek the help of a copywrite and/or professional photographer/videographer(s) to assist you in generating the required content.

Please note we do not condone the use of other people/organisation’s work/copyrighted media and will not use it on your project under any circumstance.

We can put you in touch with suppliers of these services should you require them.

Duration of Work / Deadlines

We will endeavor to complete the project by the date that We have agreed in the Proposal. The launch date presumes that this Contract has been signed and returned, payment terms outlined in this Contract have been fulfilled, and that there are no unforeseen technical issues with the site.

Abandonment of Project

If You fail to respond to Us for a period of 30 days or more, or fail to communicate when You have arranged that You would, the project is considered abandoned and is closed. If that comes to pass, We reserve the right to bill You for the work done to date, which may take the form of returning Your deposit minus the cost of the work done already. Whilst We understand that some circumstances may be permissible and/or justifiable, We still reserve the right to charge an administrative fee if You wish to re-open an abandoned project.

If You fail to respond to Us for a period of 30 days or more, or fail to communicate when You have arranged that You would, the project is considered abandoned and is closed. If that comes to pass, We reserve the right to bill You for the work done to date, which may take the form of returning Your deposit minus the cost of the work done already. Whilst We understand that some circumstances may be permissible and/or justifiable, We still reserve the right to charge an administrative fee if You wish to re-open an abandoned project.

If You fail to respond to Us for a period of 30 days or more or fail to communicate when You have arranged that You would, the project is considered abandoned and will be closed.

If that comes to pass, We reserve the right to bill You for the work completed to date, which may take the form of returning Your deposit minus the cost of the work done already. Whilst We understand that some circumstances may be permissible and/or justifiable, We still reserve the right to charge an administrative fee if You wish to re-open an abandoned project.

Payment of Fees

If You do not provide payment to Us either in full or through a payment schedule agreed in advance by both Us and You, within 7 days of the project going live then We reserve the right to protect Our property by both, taking the project offline, and removing Your rights to use and duplicate Our work.

If this comes to pass then You will be responsible for any debt collection fees which may become due.

Payment Terms

You agree to pay 50% of the final invoice amount agreed in the Proposal upon signature of this Contract.
When the project is deemed complete in accordance with the original brief we will then bill you for the remainder of the final invoice amount.

This payment must be cleared in full before any works going live on the public domain.

All invoices are payable upon receipt unless otherwise arranged, in advance, by Us and You, and if not settled within 30 calendar days, will be subject to late repayment penalty fees and interest in line with the Bank of England’s Base Rate.

All deposits are non-refundable.

Credit Terms

For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 1.8% above the Bank of England base rate on each day that the debt is overdue, and an administration fee of £45 to cover the debt recovery costs.

This process is automatic and will not be deterred once the agreed payment term has elapsed.

Insolvency

Any client ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, We, without prejudice to other remedies, shall:

(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and;

(ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Consequential Loss

We accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

We accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

Financial Loss

We accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Us.

Force Majeure

We accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.

During the continuance of such a contingency, you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.