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These Terms of Service ("Terms") govern your access to and use of [DOMAIN] and any services provided by Ninth and Main LLC, doing business as Ninth+Main ("Ninth+Main," "we," "us," or "our"). By visiting our website or engaging us as a client, you agree to these Terms. We are a creative agency. We partner with established brands to shape voice, visual presence, and digital strategy. The Terms below describe how we work, what we promise, and what we ask of you in return.
1. About Us
Ninth+Main is the trade name of Ninth and Main LLC, a Texas limited liability company. Our business address is available upon written request to team@ninthxmain.com.
Use of the Website
The Ninth+Main website is provided for informational purposes — to share who we are, what we do, and how to get in touch. You agree not to:
use the site in a way that violates any law or these Terms;
attempt to gain unauthorized access to any part of the site, our servers, or our systems;
copy, scrape, or redistribute substantial portions of the site's content for commercial purposes without our written permission;
introduce malware, conduct denial-of-service attacks, or interfere with the site's operation.
We may modify, suspend, or discontinue any part of the site at any time without notice.
Engaging Ninth+Main as a Client
These website Terms do not, by themselves, create a client relationship. Client engagements are governed by a separate written agreement — typically a Statement of Work, retainer agreement, or proposal — that sets the specific scope, deliverables, fees, and timeline for the engagement.
If anything in a signed client agreement conflicts with these Terms, the signed client agreement controls for that engagement.
Fees, Payment, and Onboarding
Unless your signed agreement states otherwise:
Retainer fees are billed monthly in advance and are due on receipt.
Onboarding fees are billed at the start of the engagement and are non-refundable once work begins.
Production and add-on services (photo and video shoots, hourly capture, creator partnership management, additional deliverables) are billed as scoped in your agreement.
Invoices not paid within 15 days of the due date may incur late fees and may result in a pause in services until the account is current.
Cancellation and Term
Retainer engagements typically run for an initial minimum term defined in your signed agreement, then continue month-to-month unless either party provides written notice of cancellation at least 30 days before the next billing cycle. Specific terms — including any minimum commitments, ramp periods, or early-termination provisions — will be set out in your agreement.
We reserve the right to end an engagement immediately if a client materially breaches the agreement, fails to pay, or behaves in a way that compromises the working relationship or our team.
Intellectual Property
Our Work. Final deliverables created specifically for a client under a signed agreement transfer to that client upon full payment, with the following exceptions retained by Ninth+Main:
our pre-existing tools, templates, frameworks, methodologies, and processes;
our brand assets, including the Ninth+Main name, logos, and visual identity;
working files, raw footage, source files, and unused concepts unless explicitly transferred in the agreement;
the right to display completed work in our portfolio, case studies, pitches, and marketing materials.
Your Work. Anything you provide to us — brand assets, content, logos, photography, copy, customer information — remains yours. By providing it to us, you grant us a license to use it for the purpose of delivering the services you've engaged us for.
Website Content. All content on [DOMAIN] — including copy, design, photography, video, logos, and the Ninth+Main name and marks — is owned by or licensed to Ninth+Main and is protected by copyright, trademark, and other intellectual property laws.
Confidentiality
We treat client information as confidential. We don't share strategy documents, performance data, internal communications, or proprietary client information outside our team without permission. We expect the same in return — anything we share with a client about our processes, pricing, or working methods is shared in confidence.
Use of Client Work in Our Portfolio
Unless your agreement says otherwise, we reserve the right to feature work we've produced for you in our portfolio, on social media, in pitches, and in case studies. We will not disclose confidential business information without permission. If you'd prefer your engagement remain private, tell us before work begins and we'll honor it.
Disclaimers
No guaranteed results. We bring strategy, creative judgment, and production capability to every engagement. We do not guarantee specific business outcomes — follower growth, revenue, conversion rates, or audience response — because those outcomes depend on many factors outside our control. We commit to professional, on-brand work delivered with care.
Website "as is." [DOMAIN] is provided on an "as is" and "as available" basis. We do not warrant that the site will be uninterrupted, error-free, or free of viruses or other harmful components.
Third-party links and platforms. Our site and our work may reference or link to third-party platforms (Instagram, Meta, TikTok, email service providers, analytics tools, and others). We are not responsible for the content, policies, or practices of those third parties.
10. Limitation of Liability
To the fullest extent permitted by law, Ninth+Main, its members, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the site or our services — including lost profits, lost data, or business interruption — even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of an engagement will not exceed the fees you paid to us under that engagement in the three months immediately preceding the event giving rise to the claim.
. Indemnification
You agree to indemnify and hold harmless Ninth+Main and its members, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of:
content, brand assets, or information you provide to us;
your use of the deliverables we produce;
your breach of these Terms or any signed agreement with us.
Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or our services will be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts.
Changes to These Terms
We may update these Terms from time to time. When we do, we'll update the Effective Date at the top of this page. Material changes will be communicated to active clients in writing. Continued use of the site after an update means you accept the revised Terms.
Contact
Questions about these Terms?
Ninth and Main LLC
Address available upon written request
team@ninthxmain.com
