Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the services provided by NineFold, operated by Progmatiq v.l. Bruno Čukić ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our services.

1. Definitions

For the purposes of these Terms:

• "Client" refers to any individual or entity that engages our services
• "Services" refers to web development, design, photography, videography, and related digital services provided by NineFold
• "Website" refers to the NineFold website accessible at ninefold.eu and any associated subdomains
• "Deliverables" refers to work products, files, code, designs, or other materials created as part of our services
• "Agreement" refers to any service contract, proposal, or statement of work between us and the Client

2. Services

2.1 Scope of Services

We provide professional web development and design services including, but not limited to, website design and development, web applications, e-commerce solutions, Shopify development, SEO optimization, photography, and videography. The specific scope of services for each project will be defined in a separate Agreement.

2.2 Service Execution

We will execute services with reasonable skill and care, in accordance with industry standards. While we strive to meet agreed timelines, project deadlines are estimates and may be subject to change based on project complexity, client responsiveness, and unforeseen circumstances.

2.3 Client Responsibilities

The Client agrees to:

• Provide accurate and complete information necessary for project execution
• Respond to requests for feedback and approvals in a timely manner
• Provide access to necessary systems, accounts, and resources
• Pay agreed fees according to the payment schedule
• Comply with all applicable laws and regulations

3. Fees and Payment

3.1 Pricing

Fees for services will be outlined in the Agreement. Unless otherwise specified, all prices are quoted in Euros (EUR) and exclude applicable taxes.

3.2 Payment Terms

Standard payment terms are as follows:

• 50% deposit due upon signing the Agreement
• Remaining 50% due upon project completion or according to agreed milestones
• Invoices are payable within 14 days of issuance
• Late payments may incur interest charges of 1.5% per month

3.3 Additional Work

Any work requested beyond the agreed scope will be charged separately at our standard hourly rates or as agreed in writing.

3.4 Third-Party Costs

The Client is responsible for third-party costs including, but not limited to, domain registration, hosting fees, premium plugins, stock images, and software licenses unless otherwise agreed.

4. Intellectual Property

4.1 Ownership of Deliverables

Upon full payment of all fees, the Client will own the final deliverables created specifically for the Client as part of the project. This includes custom designs, code, and content created exclusively for the Client.

4.2 Retained Rights

We retain ownership of:

• Pre-existing intellectual property, tools, libraries, and frameworks
• General methodologies, processes, and know-how
• Reusable code components and templates developed independently

4.3 Portfolio Rights

We reserve the right to display completed projects in our portfolio and marketing materials unless otherwise agreed in writing. We will not disclose confidential business information without permission.

4.4 Third-Party Materials

The Client is responsible for ensuring they have proper rights and licenses for any third-party materials (images, fonts, content, etc.) provided for use in the project.

5. Revisions and Changes

5.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in the Agreement. Revisions must be requested within the project timeline.

5.2 Additional Revisions

Revisions beyond the agreed scope or requested after project completion will be charged at our standard hourly rate.

5.3 Scope Changes

Significant changes to project scope may result in timeline adjustments and additional fees. All scope changes must be agreed in writing.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that services will be performed with reasonable skill and care in accordance with industry standards. We will correct any defects in workmanship reported within 30 days of project delivery at no additional charge.

6.2 Disclaimer

Except as expressly stated in these Terms:

• We provide services "as is" without warranties of any kind
• We do not guarantee specific results, traffic, sales, or rankings
• We are not responsible for third-party services, plugins, or platforms
• We do not warrant uninterrupted or error-free service delivery

6.3 Third-Party Services

We are not responsible for issues arising from third-party services, hosting providers, or external platforms beyond our control.

7. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim shall not exceed the amount paid by the Client for the specific services giving rise to the claim
• We shall not be liable for indirect, incidental, consequential, or punitive damages
• We shall not be liable for loss of profits, revenue, data, or business opportunities
• We shall not be liable for delays or failures due to circumstances beyond our reasonable control

8. Confidentiality

We will maintain the confidentiality of any proprietary or confidential information shared by the Client during the course of our engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Termination

9.1 Termination by Client

The Client may terminate services at any time with written notice. Upon termination, the Client remains responsible for payment of all work completed to date, plus any non-refundable expenses incurred.

9.2 Termination by Us

We may terminate services if:

• The Client fails to make payments according to agreed terms
• The Client breaches these Terms or the Agreement
• The Client engages in abusive or inappropriate behavior
• Continuing services would violate applicable laws or our policies

9.3 Effect of Termination

Upon termination, we will provide the Client with work completed to date upon receipt of payment for services rendered. We reserve the right to retain copies of work for our records and portfolio use.

10. Maintenance and Support

Unless specifically included in the Agreement, ongoing maintenance and support are not included in project fees. We offer separate maintenance packages for post-launch support, updates, and hosting management.

11. Force Majeure

We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service disruptions.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Croatia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Zagreb, Croatia.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with any specific Agreement for services, constitute the entire agreement between the Client and NineFold and supersede all prior agreements, understandings, and communications.

16. Contact Information

If you have any questions about these Terms, please contact us: