These Terms and Conditions (“Terms”) form a legally binding agreement between Nifty Code, a business operating under the laws of the United States (“Company”), and the individual or entity purchasing or using the Company’s services (“Client”).
These Terms apply to all services, work products, subscriptions, and engagements provided by Company to Client, whether outlined in a proposal, quotation, invoice, order, or similar document (collectively, the “Services”). These Terms replace any prior discussions or agreements unless expressly agreed otherwise in writing.
1. Engagement Overview
Client engages Company to deliver professional services, which may include digital, creative, technical, marketing, consulting, financial advisory, or related offerings. Company agrees to perform such Services in accordance with these Terms and the applicable service documentation.
2. Description of Services
The exact nature, deliverables, timelines, and limitations of the Services will be defined in a written scope of work, proposal, invoice, or order (“Service Scope”). The Service Scope is incorporated into these Terms by reference.
Any work not clearly included in the Service Scope is excluded and may require additional approval and fees. The Service Scope shall be considered the sole reference for determining Company’s obligations.
3. Fees and Payment Terms
All pricing, payment schedules, and billing terms are outlined in the applicable invoice or proposal. Client agrees to remit all fees according to those terms.
Unless stated otherwise, invoices are payable immediately upon issuance. Ongoing or subscription-based charges may be processed automatically using Client’s approved payment method. Company reserves the right to pause or withhold Services for late or missed payments.
Additional services, changes, or requests outside the agreed Service Scope may be billed separately at Company’s prevailing rates.
4. Revisions and Modifications
Revisions are limited to those specifically listed in the Service Scope. If no limit is stated, Client may request up to two (2) reasonable revision rounds per deliverable.
Requests that substantially alter approved work, introduce new requirements, or exceed reasonable revision expectations may be treated as new work and billed accordingly.
5. Ongoing and Support Services
Company may offer continuing or supplemental services after completion of the initial engagement, including but not limited to maintenance, hosting, optimization, monitoring, support, or advisory services (“Ongoing Services”).
Where recurring services are identified, Client authorizes Company to begin recurring billing once those services are activated. All Ongoing Services are billed separately unless explicitly included in writing.
6. Ownership and Access Rights
Upon receipt of full payment, Client will own the final, custom deliverables created specifically for them. Company retains ownership of all internal tools, frameworks, systems, templates, workflows, and pre-existing materials (“Company Assets”).
Client may receive access necessary to use the deliverables but does not gain ownership or administrative control over Company-owned platforms or infrastructure.
Transfer or migration requests may be accommodated at Company’s discretion and may involve additional fees.
7. Client Obligations
Client agrees to provide timely materials, approvals, and feedback required to complete the Services. Delays caused by Client may impact delivery timelines.
If Client fails to provide feedback within five (5) business days of delivery, the work may be considered approved. Client remains responsible for all payments under these Terms.
8. Intellectual Property Assurance
Client confirms that all content, data, or materials supplied to Company are owned by Client or properly licensed. Client agrees to defend and indemnify Company against claims arising from Client-provided materials.
Rights to completed deliverables transfer only after full payment has been received.
9. Limitation of Liability
To the fullest extent permitted by law, Company shall not be liable for indirect, incidental, special, or consequential damages, including lost revenue, profits, data, or business opportunities arising from the Services.
10. Termination
Either Party may cancel ongoing or subscription-based services by providing at least thirty (30) days’ written notice before the next billing cycle. All outstanding balances must be paid in full.
Company may terminate Services immediately in cases of nonpayment, contractual breach, or inappropriate conduct.
11. Refund Policy
All payments made to Company are final and non-refundable unless expressly stated otherwise in writing.
12. Force Majeure
Company shall not be held responsible for delays or failures resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, system outages, illness, labor disputes, or third-party service disruptions.
13. Promotional Use
Company may showcase completed work in its portfolio, marketing materials, or online channels unless Client explicitly objects in writing.
14. Confidential Information
Both Parties agree to protect confidential or proprietary information shared during the course of the engagement and to use such information solely for purposes related to the Services.
15. Suspension for Late Payment
If payment remains unpaid for fourteen (14) days after the due date, Company may suspend access to Services, systems, or deliverables until payment is resolved. Additional reactivation fees may apply.
16. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the United States. Any disputes shall be resolved exclusively within the courts located in the United States.
17. Authorization
By accepting these Terms or submitting payment, Client confirms that they have the authority to enter into this Agreement on behalf of themselves or their organization.
18. Assignment and Subcontracting
Company may assign, transfer, or subcontract its responsibilities under these Terms as necessary to fulfill the Services.
19. Advertising and Third-Party Platforms (If Applicable)
Where Company manages advertising or third-party platforms on Client’s behalf, Company does not guarantee performance results and is not responsible for platform policy changes, suspensions, or technical issues. Applicable fees will be outlined in the Service Scope or Invoice.
20. Third-Party Vendors (If Applicable)
Company may coordinate with third-party vendors when required. Company is not responsible for errors, delays, or quality issues caused by such vendors.
21. Entire Agreement
These Terms, together with any applicable Service Scope or Invoice, represent the complete agreement between the Parties and replace all prior communications. Any changes must be agreed to in writing.
22. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable.
23. Acceptance of Terms
By signing, authorizing payment, or using the Services, Client acknowledges acceptance of these Terms and agrees to be bound by them.
24. Messaging Terms & Conditions
You agree to receive informational messages (appointment reminders, account notifications, etc.) from Nifty Code. Message frequency varies. Message and data rates may apply.
For help, reply HELP or email us at info@niftycode.tech.
You can opt out at any time by replying STOP.
No mobile information will be shared with any third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with or obtained by any third parties.
If you wish to be removed from receiving future communications, you can opt out at any time by texting STOP or contacting us at info@niftycode.tech.
25. Opt-Out Instructions
You can cancel the SMS service at any time by texting STOP. After sending STOP, you will receive a confirmation message and will no longer receive SMS messages from us. If you wish to rejoin, simply sign up again as you did initially.
26. Help Instructions
If you are experiencing issues with the messaging program, reply HELP for assistance or contact us at info@niftycode.tech.
27. Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
28. Rates & Frequency Disclosure
Message and data rates may apply. Message frequency may vary. For questions about your text or data plan, please contact your wireless provider.
29. Privacy Reference
If you have any questions regarding privacy, please review our Privacy Policy. If you have any questions or would like us to review your setup before submission, feel free to reach out.
30. Age Restriction (18+)
This service is intended only for individuals who are 18 years of age or older. By opting in to receive messages, you confirm that you meet this age requirement.
We do not knowingly collect or send messages to individuals under 18. If you are under 18, please do not subscribe or provide your contact information. Parental consent is not accepted for this service.