Legal

Terms & Conditions

Effective Date: January 1, 2025  |  Last Updated: March 2025  |  Nu Web Order

Please read these Terms and Conditions ("Terms") carefully before using the website located at www.nuweborder.com or engaging any services provided by Nu Web Order ("Company," "we," "us," or "our"). By accessing our Site or purchasing our services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our Site and services immediately.

1. Services Offered

Nu Web Order Designs is a web design and development company based in Brooklyn, New York, providing the following services:

• Website design and development
• Domain name registration and hosting services
• HTML5 animation, banner ads, and streaming media
• Database development and custom scripting (Java, JavaScript, ASP/PHP)
• E-commerce setup and secure payment integration
• Watermarking, guestbooks, and multimedia encoding
• Ongoing website maintenance and support
• Client portal access and project management

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.

2. Acceptance of Terms

By submitting a contact form, signing a service agreement, making a payment, or accessing our client portal at portal.nuweborder.com, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to abide by these Terms and all applicable laws and regulations.

3. Project Agreements & Scope of Work

All projects undertaken by Nu Web Order Designs are governed by a separate project agreement or proposal ("Agreement") that outlines the specific scope of work, deliverables, timeline, and fees. These Terms apply in conjunction with any such Agreement. In the event of a conflict, the signed project Agreement shall take precedence.

• Any changes to the agreed scope of work must be submitted in writing and approved by both parties.
• Additional work outside the original scope may incur additional fees.
• Timelines are estimates and may be subject to change based on client responsiveness and project complexity.

4. Payment Terms

Fees for services are as outlined in your project proposal or service plan. Unless otherwise agreed in writing:

• A deposit may be required before work commences.
• Final payment is due upon project completion and before final files or website launch.
• Hosting, domain, and maintenance fees are billed on a recurring basis (monthly or annually) as agreed.
• Invoices not paid within 30 days of the due date may incur a late fee of 1.5% per month on the outstanding balance.
• Nu Web Order Designs reserves the right to suspend services for accounts with overdue balances.

5. Refund Policy

Due to the custom nature of our web design and development services, all fees are generally non-refundable once work has commenced. Specifically:

• Deposits are non-refundable.
• If a project is cancelled by the client after work has begun, the client is responsible for payment for all work completed up to the cancellation date.
• Prepaid hosting or maintenance fees may be refunded on a pro-rated basis at our discretion.
• Refund requests must be submitted in writing to [email protected].

6. Client Responsibilities

To ensure timely and successful project delivery, clients agree to:

• Provide accurate, complete, and timely content, materials, and feedback required for the project.
• Ensure all content and materials provided do not infringe upon any third-party intellectual property rights.
• Designate an authorized point of contact for project communications.
• Respond to requests for approvals or information within a reasonable timeframe (typically 5 business days).
• Keep login credentials for the client portal secure and confidential.

7. Intellectual Property

Client-Owned Content: All content, logos, images, and materials provided by the client remain the intellectual property of the client.

Deliverables: Upon receipt of full payment, Nu Web Order Designs assigns to the client all rights to the final website deliverables created specifically for that client, excluding any third-party licensed components, stock assets, or proprietary tools used in development.

Nu Web Order Designs IP: We retain ownership of all proprietary frameworks, code libraries, processes, methodologies, and tools developed independently of the client project. These may be reused across projects.

Portfolio Rights: Unless otherwise requested in writing, Nu Web Order Designs reserves the right to display completed work in our portfolio and promotional materials.

8. Third-Party Services

Our services may involve integration with or use of third-party platforms, including domain registrars, hosting providers, payment processors, content management systems, and software tools. Nu Web Order Designs is not responsible for the availability, performance, pricing changes, or terms of these third-party services. Any additional costs arising from third-party services will be the client's responsibility unless otherwise stated in the project Agreement.

9. E-Commerce & Secure Transactions

When we set up e-commerce functionality for clients, transactions are processed through secure, third-party payment gateways. Nu Web Order Designs does not store credit card or banking data. The client is responsible for ensuring their e-commerce operations comply with all applicable laws, including PCI-DSS compliance requirements, consumer protection laws, and applicable tax regulations.

10. Website Hosting & Uptime

Where Nu Web Order Designs provides hosting services, we strive to maintain reliable uptime. However, we do not guarantee uninterrupted or error-free hosting and are not liable for downtime caused by:

• Scheduled or emergency maintenance
• Third-party hosting provider outages
• Force majeure events (natural disasters, cyberattacks, etc.)
• Client-side errors or unauthorized access

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information shared during the course of the project. Nu Web Order Designs will not disclose client business information to third parties without prior written consent, except where required by law.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Nu Web Order Designs shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or website, including but not limited to loss of profits, data, business opportunities, or goodwill.

Our total liability to any client for any claim arising from our services shall not exceed the total fees paid by that client to Nu Web Order Designs in the three (3) months preceding the claim.

13. Disclaimer of Warranties

Our services and website are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be free from errors, viruses, or other harmful components.

14. Indemnification

You agree to indemnify, defend, and hold harmless Nu Web Order Designs, its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your violation of these Terms, or your infringement of any third-party rights.

15. Termination

Either party may terminate a service agreement with written notice as specified in the applicable project Agreement. Nu Web Order Designs reserves the right to immediately terminate services if a client:

• Fails to make payment by the due date
• Violates these Terms or any applicable law
• Engages in abusive, harassing, or threatening behavior toward our staff
• Uses our services for unlawful or fraudulent purposes

Upon termination, the client's access to the client portal and any hosted services may be suspended. Files and data may be retained for up to 30 days following termination before permanent deletion.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Brooklyn, New York, in accordance with the rules of the American Arbitration Association.

17. Changes to These Terms

Nu Web Order Designs reserves the right to update or modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of our website or services after such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

18. Entire Agreement

These Terms, together with any signed project Agreement or proposal, constitute the entire agreement between you and Nu Web Order Designs with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, representations, or agreements, whether written or oral.