Terms of Service

Agreement

These Terms of Service (the Terms) form an agreement between [LEGAL ENTITY NAME], trading as Nine99 (we, us or our), and the individual or entity purchasing, accessing or using our services (Client, you or your).

By purchasing services, electronically accepting these Terms, signing an Order Form, or using our services, Client agrees to these Terms.

Effective date: [DATE].

Services

We provide digital services that may include:

• website design and development
• website hosting and maintenance
• search engine optimisation, including local and technical SEO
• generative engine optimisation and answer engine optimisation
• paid advertising management, including Google Ads and paid social
• organic social media marketing and management
• content development, branding and graphic design
• email and SMS marketing
• CRM, marketing automation and lead-generation systems
• AI and agentic workflow implementation
• analytics, attribution, integrations and consulting

Order Forms

The specific services purchased will be identified in the applicable checkout page, proposal, statement of work, order form, invoice or other written service description (an Order Form).

If an Order Form conflicts with these Terms, the Order Form controls only as to the specific conflicting provision.

Fees and payment

Client agrees to pay all fees identified in the applicable Order Form.

The Nine99 website package is a one-time charge. It is not a subscription and it does not automatically renew.

Unless otherwise expressly stated, recurring service fees are charged in advance for the upcoming service period rather than in arrears for services already rendered.

Client authorises us or our third-party payment processor to charge the payment method provided for amounts due, and is responsible for maintaining a valid payment method.

Recurring services

Recurring monthly services continue from month to month until properly cancelled, unless the Order Form specifies a different term.

Client must give at least thirty (30) calendar days written notice to cancel recurring services. Because payments are made in advance, charges becoming due during the notice period remain payable.

Where applicable law imposes different or additional renewal, notification, consent or cancellation requirements, we will comply with those requirements.

Refunds

Except where required by law or expressly stated otherwise in writing: all payments are non-refundable; we do not provide prorated refunds for partially used monthly service periods; and website development and other project fees become non-refundable once work begins.

A decision not to use a purchased service does not remove the obligation to pay for it.

Client responsibilities

Client agrees to provide accurate and timely information reasonably required for us to perform the services. This may include company information, branding materials, photography and video, copy, pricing, product and service information, credentials, domain and DNS access, analytics access, CRM access, advertising-platform access, account permissions, approvals, feedback and legal disclaimers.

Client represents that it has the right to provide all submitted content and to authorise our use of it in connection with the services.

Client-caused delays

We are not responsible for delays caused by a failure to provide requested content, approvals, access, information, credentials or feedback. Any delivery deadline is automatically extended when Client causes a delay.

If a delay is significant enough that we must move the project out of active production, we may reschedule based on production availability at that time. Client-caused delays do not constitute a breach by us and do not entitle Client to a refund.

Advertised delivery timelines

Any advertised website turnaround time, including the 3-business-day build, begins only after we have received required payment, completed onboarding information, all reasonably necessary content and assets, required credentials and account access, and any other information reasonably necessary to begin production.

Unless otherwise expressly stated, delivery periods refer to business days, excluding weekends and federal holidays. Client delays pause the delivery timeline.

Revisions

Unless the Order Form provides otherwise, a standard website project includes two (2) reasonable revision rounds after presentation of the initial website or applicable design phase. A revision means a reasonable adjustment to work already completed within the originally agreed scope.

Revisions do not include redesigning the entire project, changing creative direction after approval, additional pages, new functionality or integrations, significant copywriting, replacing substantial portions of approved content, or other material expansion of scope. Additional work may require additional fees and a separate Order Form.

Review and approval

Client is responsible for reviewing deliverables for accuracy. Unless otherwise agreed, Client should submit consolidated feedback within three (3) business days of receiving a deliverable or a request for approval. If Client does not respond, we may pause the project and reschedule remaining work.

Client remains responsible for reviewing pricing, claims, offers, spelling, business information, warranties, disclosures, contact details, promotional terms and any legally required information.

Marketing results are not guaranteed

Digital marketing results depend on many factors outside our control. Unless specifically guaranteed in a signed agreement, we do not guarantee search rankings, traffic volumes, leads, sales, revenue, return on ad spend, advertising costs, conversion rates, social reach, AI recommendation placement, generative or answer engine visibility, or any specific financial result.

Any projections, forecasts, examples or estimates are illustrative and are not guarantees.

Third-party platforms

Google, Meta, Microsoft, TikTok, search engines, social networks, hosting companies, AI platforms, advertising networks and software providers operate independently of us.

We cannot guarantee that third parties will approve advertising, maintain accounts, rankings, APIs or integrations, continue features, preserve existing policies, avoid outages, or refrain from changing algorithms. We are not responsible for third-party changes outside our reasonable control.

Ownership

Client retains ownership of intellectual property it owned before engaging us, and grants us a limited licence to use Client materials as reasonably necessary to provide the services.

On full payment of all amounts due for a project, Client receives ownership of the final custom deliverables created specifically for Client. This excludes third-party software, licensed assets, fonts, stock media, plugins, reusable frameworks, development libraries, templates, and our own proprietary systems, methods, workflows, tools and pre-existing intellectual property. Those items remain subject to their applicable ownership and licensing terms.

Portfolio rights

Unless Client requests otherwise in writing because of legitimate confidentiality concerns, Client authorises us to identify Client as a customer and to display publicly available completed work in our portfolio, website, proposals, case studies and marketing materials. We will not disclose Client confidential information for this purpose.

Hosting and maintenance

Website hosting and ongoing maintenance, where purchased, are separate ongoing services from website development unless expressly included in the Order Form.

Where complimentary hosting is provided for a promotional period, currently 3 months with the website package, standard hosting charges may begin after that period at a rate disclosed before purchase or separately agreed.

Suspension

We may reasonably suspend services for overdue balances, rejected payments, unlawful activity, security threats, abuse of our personnel or systems, violation of these Terms, or circumstances creating material technical, legal, security or reputational risk. Where practical we will give notice before suspension.

Confidentiality

Each party agrees to use reasonable care to protect non-public confidential information received from the other, and to use it only for legitimate purposes relating to the business relationship between them.

Disclaimer of warranties

Except for express obligations stated in an applicable written agreement, services are provided on an as-available basis to the maximum extent permitted by law.

We do not warrant uninterrupted or error-free operation of third-party systems, networks, APIs, hosting providers, advertising platforms or other technology outside our reasonable control.

Limitation of liability

To the maximum extent permitted by applicable law, our aggregate liability arising from the applicable services will not exceed the amount actually paid by Client for the affected services during the three (3) months immediately preceding the event giving rise to the claim.

We will not be liable for indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, lost opportunities, lost data or business interruption, except where such limitations are prohibited by law.

Indemnification

To the extent permitted by law, Client agrees to defend and indemnify us against third-party claims arising from materials supplied by Client, Client products or services, inaccurate information supplied by Client, infringement caused by Client-provided materials, unlawful business practices, or violation of applicable laws.

Governing law

These Terms are governed by the laws of [STATE], without regard to conflict-of-law principles, except where applicable law requires otherwise. Venue for disputes will be in [COUNTY, STATE], unless applicable law requires another venue.

Entire agreement and severability

These Terms, together with the applicable Order Form, proposal, invoice, Website Services Agreement and incorporated policies, form the agreement between the parties regarding the applicable services.

If any provision is found invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

Contact

[LEGAL ENTITY NAME], trading as Nine99

[ADDRESS]

[LEGAL NOTICE EMAIL] and [PHONE]