Terms of Use

Agreement to these terms

This website is operated by Ninth Design ("we", "us", "our") from Guam, USA. By accessing or using this website, you agree to these Terms of Use. If you do not agree, please do not use the website.

Scope of agreements & client engagements

These Terms of Use govern the general use of this website. Specific services provided to clients — including website development, managed websites, hosting, maintenance, and ongoing support — are governed by written agreements, proposals, statement of work (SOW) documents, and invoices issued for those engagements.

In the event of any conflict between these Terms of Use and a client agreement or invoice, the client agreement and invoice terms control.

Invoicing, payment terms & service suspension

The following payment terms apply to all client engagements with Ninth Design:

Due dates. Invoices are due on the specific date stated on the invoice. Payment of an invoice constitutes acceptance of these terms.

Late fee (1.5% per month). Invoices paid after the specified due date will automatically incur a late fee of 1.5% per month (or the maximum rate permitted by Guam law) on the outstanding balance until paid in full.

45-day suspension. Accounts with invoices that fall 45 days past due are subject to immediate service suspension, including the pausing of ongoing website management, maintenance, and hosting services.

Reinstatement. Suspended services will be restored once all outstanding invoice balances and accrued late fees are paid in full.

Intellectual property & deliverables. All work product, custom code, and design assets remain the property of Ninth Design until associated invoices are paid in full.

Use of the website

You may browse this website and use the contact form for legitimate inquiries. You agree not to misuse the website — including attempting to disrupt its operation, probe or breach its security, submit automated or fraudulent form submissions, or use its content or infrastructure in a way that violates applicable law.

Intellectual property

The content of this website — text, design, graphics, logos, and code — belongs to Ninth Design or its licensors and is protected by copyright and other intellectual-property laws. You may not reproduce, distribute, or create derivative works from it without our written permission, except as permitted by law.

Client names, logos, and project descriptions shown on this website are the property of their respective owners and appear to describe work we have performed.

Information is general, not advice

Content on this website is provided for general information about our services. Prices shown with "from" are starting points, not quotes; final pricing is confirmed in writing for each engagement. We may change the website's content, features, and pricing information at any time without notice.

No warranty

This website is provided "as is" and "as available". While we take care to keep it accurate and online, we make no warranty that it will be uninterrupted, error-free, or free of harmful components.

Limitation of liability

To the fullest extent permitted by law, Ninth Design will not be liable for any indirect, incidental, or consequential damages arising from your use of, or inability to use, this website or from the temporary suspension of client services due to late payment or contract default. Nothing in these terms limits liability that cannot be limited under applicable law.

Third-party links

The website may link to third-party sites or services (for example, WhatsApp). We are not responsible for their content or practices; use them at your own discretion and subject to their own terms.

Changes to these terms

We may update these Terms of Use from time to time. The "last updated" date above reflects the current version, and continued use of the website or receipt of services after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of the Territory of Guam, USA, without regard to conflict-of-law principles.

Contact

Questions about these terms? Contact us.