Welcome to Ninearc Agency. By accessing our website, submitting an inquiry, requesting a quotation, purchasing services, registering for an event, subscribing to our mailing list, or otherwise engaging with Ninearc, you agree to be legally bound by these Terms & Conditions. If you do not agree with these Terms, you must immediately discontinue use of our website and services.
01
Acceptance of Terms
By accessing our website or services in any way, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety.
02
Definitions
"Client" means any individual, business, organization, or entity purchasing or using Ninearc's services.
"Services" include, but are not limited to: marketing, branding, website design & development, SEO, paid advertising, social media management, graphic design, photography & videography, event planning, consulting, digital products, training, and AI-assisted services.
03
Eligibility
By using our website or services, you represent that the information you provide is accurate, that you have the authority to enter into agreements, and that you are legally capable of entering into binding contracts.
04
Scope of Services
Ninearc provides professional creative, marketing, strategic consulting, event management, and related services. Each engagement is governed by these Terms alongside any applicable proposal, quotation, invoice, service agreement, purchase order, or email confirmation. Where a conflict exists, a signed agreement shall prevail.
05
Quotes & Proposals
All quotations are valid for thirty (30) days unless otherwise stated. Prices may change after expiry. Additional work outside the agreed scope will be billed separately.
06
Client Responsibilities
The Client agrees to provide accurate information, provide approvals within a reasonable time, supply requested assets, maintain ownership rights for supplied content, and cooperate throughout the project. Project delays caused by the Client may result in revised timelines and additional fees.
07
Marketing & Creative Services
Marketing is influenced by numerous external variables including market conditions, customer behaviour, competitors, platform algorithms, and advertising policies. Accordingly, Ninearc does not guarantee revenue, sales, conversions, leads, social media growth, search rankings, viral content, or business success. Our obligation is to provide professional services using commercially reasonable skill and care.
08
Website Development
Website timelines depend upon timely approvals and receipt of required materials. The Client is responsible for reviewing all deliverables, testing functionality, and notifying Ninearc of any issues promptly. Following final approval, additional modifications may be billed separately.
09
Search Engine Optimization (SEO)
SEO results cannot be guaranteed. Search engine rankings are determined by third-party algorithms outside Ninearc's control. Ninearc does not guarantee first-page rankings, specific keyword positions, traffic increases, or business growth. SEO is an ongoing process requiring continuous optimisation.
10
Paid Advertising
Advertising platforms remain independent third parties. Ninearc cannot guarantee approval of advertisements, advertising costs, lead quality, return on investment, or campaign performance. Advertising spend remains the Client's responsibility unless otherwise agreed.
11
Social Media Management
The Client remains responsible for the accuracy of all published information. Ninearc may schedule and publish approved content. Platform outages, policy changes, account restrictions, or algorithm updates remain outside Ninearc's control.
12
Events
Event schedules, venues, speakers, and programming may change without notice. Ninearc reserves the right to postpone, relocate, or modify events where reasonably necessary. Attendees must comply with venue rules and any published code of conduct.
13
Payment Terms
Payment Obligations: The Client agrees to pay all invoices in accordance with the agreed payment schedule. Unless otherwise stated, invoices are due upon receipt.
Deposits: Deposits reserve production time, personnel, and resources. Deposits are non-refundable except where required by applicable law.
Suspension: Ninearc may suspend services immediately if invoices remain unpaid. Project timelines will automatically extend during any suspension.
Late Payments: Outstanding balances may accrue a 10% late fee on the unpaid invoice after a 10-day mark following submission of the invoice to the Client's provided email address.
Third-Party Costs: Domains, hosting, software licences, plugins, stock assets, printing, and similar expenses remain the Client's responsibility.
14
No Refund Policy
Because Ninearc allocates time, personnel, and creative resources immediately upon engagement, all payments are considered final. Except where required by applicable law, deposits, retainers, completed work, digital products, event registrations, and consulting fees are non-refundable. Client dissatisfaction alone does not create a right to a refund. Termination by the Client after work has commenced does not relieve the Client of payment obligations for work completed.
15
Chargebacks
The Client agrees to contact Ninearc before initiating any payment dispute. Chargebacks should not be initiated for services already performed in good faith. If a chargeback is initiated without a valid legal basis, Ninearc reserves the right to suspend services and pursue lawful recovery of outstanding amounts.
16
Intellectual Property
Unless otherwise agreed in writing, Ninearc retains ownership of all preliminary concepts, drafts, templates, internal systems, processes, methodologies, proposals, frameworks, AI prompts, and proprietary materials. Ownership of final deliverables transfers only after full payment has been received.
17
Client Content
The Client warrants that all supplied content belongs to them or has been properly licensed. The Client indemnifies Ninearc against claims arising from supplied materials.
18
Portfolio Rights
Unless otherwise agreed in writing, Ninearc may display completed work in portfolios, case studies, presentations, social media, award submissions, marketing materials, and proposals. Confidential information will not intentionally be disclosed.
19
Confidentiality
Both parties agree to protect confidential information received during the engagement. This obligation survives termination.
20
Email Marketing Consent
By subscribing, downloading resources, registering for events, requesting information, or submitting forms, you consent to receive newsletters, updates, and promotional communications from Ninearc. You may unsubscribe at any time. Operational, transactional, or legally required communications may continue where applicable.
21
Website Use
Users agree not to hack the website, upload malicious software, interfere with security, scrape content, impersonate others, misuse forms, or violate applicable laws. Ninearc may restrict access without notice.
22
Privacy
Personal information is collected and processed in accordance with Ninearc's Privacy Policy. By using our website, you consent to such collection and processing.
23
Third-Party Services
Ninearc may recommend or integrate third-party services. We are not responsible for outages, pricing changes, policy changes, service interruptions, or security incidents involving third parties.
24
AI-Assisted Services
Ninearc may use artificial intelligence tools to improve efficiency. The Client acknowledges that AI-generated content may require human review and refinement. The Client remains responsible for approving final deliverables.
25
Disclaimer of Warranties
Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Ninearc disclaims all warranties not expressly stated.
26
Limitation of Liability
To the fullest extent permitted by applicable law, Ninearc shall not be liable for indirect damages, consequential damages, lost profits, lost revenue, lost opportunities, loss of goodwill, data loss, or business interruption. Where liability cannot legally be excluded, Ninearc's aggregate liability shall not exceed the total fees actually paid by the Client for the specific service giving rise to the claim.
27
Indemnification
The Client agrees to defend, indemnify, and hold harmless Ninearc, its directors, officers, employees, contractors, and affiliates from claims, liabilities, damages, losses, expenses, and reasonable legal fees arising from Client content, misuse of services, breach of these Terms, infringement of third-party rights, or unlawful conduct by the Client.
28
Force Majeure
Ninearc shall not be liable for delays or failure to perform resulting from circumstances beyond its reasonable control, including natural disasters, pandemics, labour disputes, internet outages, cyberattacks, government action, telecommunications failures, or other unforeseen events.
29
Termination
Ninearc may terminate or suspend services where invoices remain unpaid, abusive conduct occurs, fraudulent activity is suspected, these Terms are breached, or continuing the engagement would create legal or operational risk.
30
Governing Law
These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
31
Dispute Resolution
Before commencing legal proceedings, the parties agree to make reasonable efforts to resolve disputes through good-faith negotiations. If resolution cannot be achieved, disputes shall be brought before the courts of Ontario, unless the parties mutually agree to another lawful dispute resolution process.
32
Severability
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
33
Entire Agreement
These Terms, together with any applicable proposal, quotation, invoice, or written agreement, constitute the entire agreement between Ninearc and the Client regarding the applicable services.
34
Amendments
Ninearc may amend these Terms at any time. Updated Terms become effective upon publication on our website unless otherwise stated. Continued use of our website or services constitutes acceptance of the updated Terms.
Contact
Ninearc Agency
Email: admin@ninearc.ca
Website: ninearc.ca
By continuing to use our website or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.