TERMS & CONDITIONS

Last Update: September 22nd, 2025

  1. Payment Terms
    1.1 Payment Schedule: Payments will be made monthly. Invoices will be sent out no less than 10 calendar days prior to the due date. 
    1.2 Accepted Payments: Credit Card, Check, ACH, Cash. A credit card on file is preferred. Check Payments must be made out to NextFish LLC. Checks and ACH Payments must arrive no later than the due date specified within the invoice(s).
    1.3 Late Payments: Invoices are due within 10 days of receipt, unless otherwise stated. A Late Fee of 5% of the Total Invoice can and will be added to the balance, unless otherwise agreed upon. Work on the project may also be paused if payments are not received on time.
    1.4 Additional Costs: Any costs not covered in the proposal, such as third-party services (domain registrar, web hosting, theme or plugin costs), printing, or additional revisions, will be billed separately, if applicable. These costs will be discussed and approved by the client before being incurred.
  2. Client Responsibilities
    2.1 Provision Of Resources: The Client agrees to provide NextFish LLC with all necessary information, materials, and access required for the project.
    2.2 Accuracy Of Information: The Client ensures the accuracy of any materials, details, or instructions provided to NextFish LLC.
    2.3 Revisions: The project does not include revisions to edited content. Revisions completed by NextFish LLC will incur additional costs, which will be quoted and agreed upon before proceeding.
    2.4 Feedback Process: The client is responsible for providing timely feedback at each applicable phase. Failure to provide feedback will result in no change to the current deliverables.
  3. Confidentiality and Non-Disclosure
    3.1 Confidentiality: Both parties agree to maintain the confidentiality of all proprietary information shared during the project. This includes, but is not limited to, business strategies, financial information, client lists, and any other sensitive data.
    3.2 Non-Disclosure Agreement (NDA): Both parties agree to sign a Non-Disclosure Agreement (NDA) if requested by either party. The NDA will outline the specific terms of confidentiality and non-disclosure obligations.
    3.3 Use of Work: NextFish LLC reserves the right to use completed work in its portfolio and for promotional purposes unless explicitly requested otherwise by the client in writing.
  4. Intellectual Property
    4.1 Ownership of Deliverables: Upon full payment of all project fees, the client will own the rights to all final deliverables. NextFish LLC retains the right to use any preliminary concepts or materials that were not selected by the client.
    4.2 Licensing of Third-Party Assets: Any third-party assets (e.g., stock images, fonts, software, plugins) used in the project will be licensed in the client’s name where applicable. The client will be responsible for any ongoing licensing fees associated with these assets.
    4.3 Trademarks: The client is responsible for ensuring that all brand elements, including logos and names, do not infringe on existing trademarks. The agency will not be held liable for any trademark disputes that arise from the use of the deliverables.
  5. Project Timeline and Delays
    5.1 Timeline Adherence: The agency will make every effort to adhere to the agreed-upon project timeline. However, the timeline may be adjusted due to factors beyond the agency’s control, such as delays in product delivery, client feedback, changes in project scope, extreme weather conditions or unforeseen technical challenges.
    5.2 Client Delays: If the project is delayed due to client inactivity or lack of communication for more than 30 days, a restart fee of 10% of the total project cost may be applied to resume work.
    5.3 Force Majeure: The agency will not be held liable for any delays or failure to perform due to causes beyond its control, including but not limited to acts of God, natural disasters, pandemics, war, or government regulations.
  6. Termination and Cancellation
    6.1 Client-Initiated Termination: The client may terminate the project at any time by providing a 30-day written notice to the agency after the initial 6-month period of services provided. In the event of termination, the client will be responsible for payment of all work completed up to the termination date, including any non-cancellable expenses incurred by the agency. Deposits are non-refundable.
    6.2 Agency-Initiated Termination: The agency reserves the right to terminate the project if the client fails to meet agreed-upon terms, including payment and communication obligations. The client will be billed for all completed work up to the termination date.
    6.3 Refund Policy: Deposits are non-refundable. If the project is terminated by the client, any unused funds from milestone payments may be refunded at the agency’s discretion, minus any expenses or work completed.
  7. Warranty and Liability
    7.1 Warranty: The agency warrants that the services provided will be performed in a professional and workmanlike manner.
    7.2 Limitation of Liability: The agency’s liability for any claim arising out of this agreement shall not exceed the total amount paid by the client. The agency shall not be liable for any indirect, incidental, or consequential damages.
  8. Dispute Resolution
    8.1 Negotiation: In the event of a dispute, both parties agree to first attempt to resolve the issue through good-faith negotiation.
    8.2 Mediation and Arbitration: If negotiation fails, the parties agree to submit the dispute to mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration in the state where the agency is located.
    8.3 Governing Law: This agreement shall be governed by and construed in accordance with the laws of The United States Of America and the state of Florida.
  9. Changes to the Scope of Work
    9.1 Scope Creep: Any changes to the agreed-upon scope of work must be documented and approved in writing by both parties. Additional work resulting from scope changes will be quoted and agreed upon before proceeding.
    9.2 Change Orders: All change requests must be submitted in writing and will be reviewed for feasibility. If accepted, a change order will be issued outlining the new scope, timeline, and costs.
  10. Travel, Lodging, and Daily Expenses
    10.1 Mandatory Application: Travel, lodging, and per diem are considered mandatory expenses for all projects and will apply to every engagement. These expenses are non-negotiable unless expressly excluded in the written proposal for the prospective client. Any such exclusion must be explicitly stated within the proposal document.
    10.2 Travel Reimbursement: Travel expenses will be reimbursed based on mileage at the current federal mileage rate. Mileage will be calculated from NextFish’s primary business address: 604 River Fern Lane, Deland, FL 32720.
    10.3 Lodging: Lodging accommodations will be provided in the form of a hotel room with two queen beds, unless otherwise agreed upon. The client agrees to forward hotel reservation confirmation to NextFish at least 72 hours prior to scheduled arrival to ensure smooth travel arrangements.
    10.4 Meals / Per Diem: A daily meal per diem will be applied for each crew member during travel and production days. The per diem rate will follow the current GSA standard for the city and state in which the project is taking place. This rate includes breakfast, lunch, dinner, and incidental expenses. If meals are provided by the client or covered through lodging arrangements, the per diem may be adjusted accordingly.