Introduction

Welcome to The 9pexels.. By signing up with us, and being a Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use our services. The 9pexels. may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions. In these Terms and Conditions, all services provided by and related to The 9pexels., and all text, images, photographs, user interface, "look" and "feel", data and other content included at The 9pexels. from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service."

You acknowledge and agree that The 9pexels. shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that The 9pexels. may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The 9pexels., its users and the public. The 9pexels. reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that The 9pexels. shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

1. The 9pexels Technicalities

(a) Description. The The 9pexels. Service is an online offering where individuals or entities that have signed up with The 9pexels. as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by The 9pexels. ("Members"). The 9pexels. will provide you, as the Client, the Service according to the Package you have chosen. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs. (b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. The 9pexels. is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. The 9pexels. may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet. (c) Reviewing Responses. When The 9pexels. provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform The 9pexels. that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify The 9pexels. that you think a response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide The 9pexels. with a Revision Brief, The 9pexels. will provide you with a subsequent Response that conforms to the additional criteria you requested. The 9pexels. is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs. (d) Revision Cycles. Revision cycles generally consist of 2-6 additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only.

2. Eligibility, Access, Use and Service

(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and The 9pexels. privacy policy (located at https://www.9pexels.com.com/privacy-policy), and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. The 9pexels. may accept or reject your registration in its sole discretion.

(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web Site.

(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of The 9pexels.; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from The 9pexels. on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.

(d) Web Site Security. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. The 9pexels. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The 9pexels. reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. The 9pexels. will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.

(e) Operation of Web Site. 9Pexels shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. 9Pexels reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although 9Pexels intends to use commercially reasonable efforts to make the Web Site and Service accessible, 9Pexels makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. 9Pexels may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. 9Pexels shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

3. Refund, Cancellation & Tax Policy

The 9pexels refund policy will be nil if;

• You have chosen a special package.
• The primary design concept has been approved.
• You have demanded revisions.
• The cancellation has been made due to reasons non-related to the company.
• The company has not been contacted for more than 2 weeks of project.
• Company’s policies, or policy, have been violated.
• Other company or designer has been approached for the same project.
• The creative brief is lacking in required information.
• A complete design change has been demanded.
• The claim has crossed the given ‘request for refund’ time span.
• The business is closing or changing name or business.
• Reasons such as ‘change of mind’, ‘disagreement with partner’ or other reasons that do not pertain to the service will not be subject to refund under any circumstances.
• If a client subscribes for a service bundle and happens to be dissatisfied with a particular service, refund will only be applicable on that particular service and ‘not’ the entire bundle.
• The client will not be entitled to any refunds after 7 days, from the date of purchase.
• Services including but not limited to Social Media, SEO, Domain Registration and Web Hosting are not entitled to refunds under any circumstances.
• In case of websites, refunds will not be entertained once the client has approved the design and the website is sent for development.

Note: 9Pexels holds all rights to reject any project or cancel the contract whenever it deems necessary. After the refund, you will not have any rights to use the designs for any purpose; they will be the sole property of 9Pexels. The company will be the rightful owner of the designs.

An order can be cancelled within 7 days of purchase for eligible reasons only as the company has already incurred costs and deployed resources in processing and fulfilment of the order. Eligible reasons clearly exclude change of mind / disagreement with partner / discovery of cheaper alternative / or any similar reasons that do not pertain to service levels. If an order is cancelled within the first 24 hours 15% of invoice amount will be retained as cancellation charge. If it is cancelled after 24 hours 25% of invoice amount will be retained as cancellation charge. Cancellation requests are accepted through the email at hello@9pexels.com

All communication between 9Pexels™ team and the customer should be documented on a registered email address provided by the customer.

For order delivery, the company shall contact the customer through the email address provided by the customer at least three times.

In case of no response from the customer, after three emails (including delivery and reminders) and the expiry of seven consecutive working days from the delivery of the project, the project shall be deemed accepted by the customer and the company shall not be liable for any refunds after this date as the company has already deployed resources for project fulfilment and allowed reasonable time to the customer to respond.

Further, If the customer is non-responsive on his registered email address with the company for 10 consecutive days, the money-back guarantee offer becomes void for the contract/project.

The 9pexels.™ will review and uphold the offer at its own discretion.

Payments made by Visa, Master and Amex cards are processed by our bank merchant services. The 9pexels. do not hold customer card details on their systems in order to provide maximum security and to remain compliant. Where recurring billing is required, card details are stored with merchant services for future payments. We also accept payments via personal/company cheque and bank transfers. Payments via PayPal & Discover Card are processed by PayPal

All prices advertised on this website are exclusive of any applicable taxes.

Communication Policy

We value your privacy and are committed to keeping your information safe and secure. We record the communication that we do through email, phone, CRM, and website in order to process your order request. Rest assured, we don’t share your information with any third party unless absolutely required by the law. We are not responsible for any communication done via any other platform than Ghostwriting 9pexels and the numbers not given on our website or provided by us. We are not responsible for any damages or issues that the other contact details (that we don’t provide) cause you.

If you have any questions or concerns about our terms and conditions, then feel free to contact us. We’ll address your concerns as soon as possible.

CLAIM YOUR REFUND

To have your refund, follow the following steps:

You can claim your refund by:

Click here to start chat now

As soon as we receive your refund request, we will respond to it at our earliest, once the required analysis is completed we will initiate the process.

100% SATISFACTION GUARANTEE

Our unlimited revisions policy is to make sure that you are 100% satisfied.

We aim at exceeding your expectations and strive to accomplish it.

7. Disclaimers; Indemnification; Limitations of Liability

(a) Responsibility for Content. The 9pexels. shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, The 9pexels. makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, The 9pexels. or otherwise, nor does The 9pexels. endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, The 9pexels. makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights

(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of The 9pexels. and The 9pexels. is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. The 9pexels. is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by The 9pexels. of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." The 9pexels. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. The 9pexels. DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The 9pexels. DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY The 9pexels. OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

(d) Release from Claims. The Service serves solely as a venue for the creation of work and 9Pexels does not regularly screen or censor any information or material posted to the Web Site. Although 9Pexels makes commercially reasonable efforts to determine the identity of Clients, 9Pexels cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because 9Pexels does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release 9Pexels (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(e) Indemnification. You hereby agree to defend, indemnify and hold harmless The 9pexels. and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.

(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF The 9pexels. OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. The 9pexels. TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO The 9pexels. FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS. THIS AGREEMENT AND ALL MATTERS ARISING FROM IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF United States.