Terms and Conditions of our Web Site Projects, and our 100% Design Guarantee

All sales of Niki Media Group services are governed by the following terms and conditions:

In order to get started on a web design project (note: for terms and conditions of custom applications, see below) we do require a 50% payment up front. This payment for the web design project (this does NOT include any web application projects, which are non refundable) is fully refundable before or during Phase 1 if you are not satisfied with our ability to design your web site, so long as the end of Phase 1 has not exceeded thirty (30) days from the date of the signing of this agreement.  Thirty (30) days after the signing of this agreement, your 50% initial payment of your web design project will no longer be refundable.  It is the Client’s responsibility to work closely with Niki Media Group to efficiently complete Phase 1 within thirty (30) days of the signing of this agreement. 

At the end of Phase 1, you are required to approve of your web site design so that we may proceed with building the rest of your site (Phase II).  Once we begin Phase II, it is extremely difficult and time consuming to go backwards and edit aspects completed during Phase I.  As a result, if you require Phase I adjustments after we have proceeded into Phase II, we must provide you with separate quotes for such adjustments at that time.  Therefore, it is important to be thorough when you approve Phase I and make sure that your design is to your liking. 
The remaining 50% payment of a web design project is due upon completion of the project and/or 30 days from the date this agreement is signed – whichever occurs first. In the event that any web site project cannot be completed due to any time delay that surpasses 30 days from the date services were contracted, Niki Media Group reserves the right to collect in full for any and all remaining balances of the project(s). This is a reasonable and fair company policy that ensures that our Clients respect our timelines and requirements and help us prevent long, drawn out delays where work was performed without payment. All Niki Media Group sales are governed by this policy. Should any Client not feel that they will have the ability to complete their project or pay for their project in 30 days from the date services were contracted, the Client should consider postponing the start date of their project prior to moving forward with a web site design project.   If Client is unable to make any payment, Niki Media Group reserves the right to cease working on the project until the Client’s delinquent payment is paid in full.  

Client acknowledges and understands that Niki Media Group’s ability to provide its exceptional quality of service and competitive pricing is strictly contingent upon an efficient project workflow and our Clients’ respect of this efficient project workflow.  Therefore, Client understands and acknowledges that Niki Media Group will only begin a web design project when all required design content is collectively submitted to Niki Media Group.  Required design content includes any and all logo files, image files, and color/style preferences. In order to move your project from design (Phase I) into coding (Phase II) we require all of your text content in a single word document, ftp information (if not hosting with us) and all remaining images and materials we will need to complete your website project.

For all projects we require ONE point of contact. When working with companies and business owners it is extremely tedious and difficult to get projects done when various representatives from the company are communicating with us. We expect that when your sole point of contact communicates ideas, agreements, additional features or anything else related to the project with us, it has been discussed, agreed upon and approved by your company. This sole contact is your company’s representative and will be communicating with us. If a change in your point of contact is necessary, we must be notified and receive confirmation from the person listed on your signed agreement.

In order to get started with a custom web software application or marketing materials we require 100% payment up front  (Please note that custom web software applications and/or marketing materials are entirely separate from web site design projects where refunds are allowed).  These custom web software applications and/or marketing materials are built specifically based upon Client requirements and therefore Niki Media Group cannot allow Clients to back out of the project and expect a refund once work has begun.  Once work has begun, Niki Media Group is expected to complete the custom application project or marketing materials.  The price and details of your specific custom application or marketing materials have been listed above by your rep.  Even though you may have discussed a specific feature with one of our employees, if you do not see this feature on the list assume it is not part of this project and is not included in the dollar amount specified for this project.  You may need to call your rep that may have made a mistake by not including this specific feature on this list, or perhaps was not under the understanding that such a specific feature was to be included.   They will need to edit this document to reflect total accuracy before you sign and return.   

For all application projects and/or marketing materials, no refunds will be granted once the project is initiated. Because we build applications and marketing materials custom to Clients specific needs, we do not award refunds once the project has begun.

Furthermore, although we provide time estimates there is always the possibility that unforeseen circumstances will occur which will delay the completion of a project.  We do our best to get your web site design project and/or your custom web software application and/or your marketing materials completed by a reasonable date, however our inability to provide you a finished product by your end date does not constitute a breach of this contract or the right to any refund whatsoever.  If you have a firm deadline and are not willing to pay for your project if it is not completed by this deadline, then you need to do business with another company who is willing to work under such an arrangement. Many unforeseen circumstances occur in the web design business that are out of our control (most notably, Client’s inability to provide Niki Media Group with Client’s content in an organized and timely manner) and we therefore cannot incur costs to complete a Client's project only to have that Client eventually refuse to pay based upon an uncontrollable deadline.

To the best of our ability, Niki Media Group always tries to deliver to our Clients' deadlines however every Client must thoroughly understand that the following circumstances will affect your deadline date...holidays, acts of God, untimely submission of content, periodic submissions of content rather than one collective submission as required by our Project Guidelines and Agreement. 

Client acknowledges and understands that Niki Media Group’s ability to provide its exceptional quality of service and competitive pricing is strictly contingent upon an efficient project workflow and our Clients’ respect of this efficient project workflow.  Therefore, Client understands and acknowledges that Niki Media Group will only begin the CODING PHASE, CUSTOM WEB SOFTWARE APPLICATION, OR MARKETING MATERIALS when and only when all required content as well as Client’s desired content is collectively submitted to Niki Media Group. 

YOU THE CLIENT ARE REQUIRED TO PERFORM A.LL FUNCTIONALITY TESTING OF THE SERVICES PROVIDED BY NIKI MEDIA GROUP PRIOR TO MAKING ANY ADJUSTMENTS WHATSOEVER TO THE SERVICES PROVIDED BY NIKI MEDIA GROUP, WHICH INCLUDE BUT ARE NOT LIMITED TO, CHANGES OR ADJUSTMENTS APPLIED TO ANY DESIGNS, CODE, IMAGES, SERVER, OR ANY OTHER ASPECT THAT MAY IN ANY WAY COMPROMISE THE INTEGRITY OF THE SERVICES PROVIDED BY NIKI MEDIA GROUP.  Niki Media Group agrees to correct any functionality problems for the services contracted and provided, and ONLY for the services contracted and provided, for a period of no longer than sixty (60) days from the completion date of such services contracted such that Client, or any other party, has made no changes or adjustments whatsoever to the services provided by Niki Media Group.  Client hereby understands and acknowledges that any changes or adjustments made to the services provided by Niki Media Group, by Client or any other party, can and will compromise the integrity of the services provided by Niki Media Group and will result in an immediate VOID IN WARRANTY.  A VOID IN WARRANTY means that Niki Media Group will no longer be obligated, under the terms of this agreement, to fix any problems associated with the services contracted with Niki Media Group regardless of whether Client agrees that the changes or adjustments made had a negative effect on the services provided by Niki Media Group. 
This Agreement shall be governed by and construed in accordance with the laws of Orange County, California.  The Company and Recipient hereby submit to and consent to the sole and exclusive jurisdiction of the federal and state courts located in county of Orange County, California, over the parties with respect to any action, dispute, proceeding or claim arising out of or under this Agreement; provided nothing shall restrict the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the federal or state courts in Orange County, California.

Unless otherwise specified in writing, all designs provided to Clients are owned by Niki Media Group and are copyrighted under United States law.

When doing business with us, it is understood that you recognize these terms and conditions.