TERMS OF SERVICE

https://nictecreativedesign.com

BY VISITING https://nictecreativedesign.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

OVERVIEW

By using https://nictecreativedesign.com, referred to as this “Site”, all vis­i­tors referred to as “user,” “you,” and “your,” are bound by these Terms of Pur­chase.  The terms “we,” “us,” and “our,” refer to Nicte Cre­ative Design (“Com­pa­ny”), own­er of https://nictecreativedesign.com.  Access­ing this Site con­sti­tutes a use of the Site and an accep­tance of the Terms pro­vid­ed herein.

By using the Site, you agree to these Terms of Pur­chase, with­out mod­i­fi­ca­tion, and acknowl­edge read­ing them. We reserve the right to change these Terms of Ser­vice or to impose new con­di­tions on use of the Site, from time to time, in which case we will post the revised Terms of Ser­vice on this Site.  By con­tin­u­ing to use the Site after we post any such changes means you accept the new Terms of Ser­vice with the modifications.

SITE USE

To access or use the Site, you must be 18 years or old­er and have the req­ui­site pow­er and author­i­ty to enter into these Terms of Service.

In order to use the Site, you may be required to pro­vide infor­ma­tion about your­self includ­ing your name, email address, and oth­er per­son­al infor­ma­tion. You agree that any reg­is­tra­tion and/or billing infor­ma­tion you give to the Com­pa­ny will always be accu­rate, cor­rect and up to date. You must not imper­son­ate some­one else or pro­vide account infor­ma­tion or an email address oth­er than your own. Your account must not be used for any ille­gal or unau­tho­rized pur­pose. You must not, in the use of the Site, vio­late any laws in your jurisdiction.

You may use the Site and Ser­vice for law­ful pur­pos­es only. You shall not post or trans­mit through the Site any mate­r­i­al which vio­lates or infringes the rights of oth­ers, or which is threat­en­ing, abu­sive, defam­a­to­ry, libelous, inva­sive of pri­va­cy or pub­lic­i­ty rights, vul­gar, obscene, pro­fane or oth­er­wise objec­tion­able, con­tains inju­ri­ous for­mu­las, recipes, or instruc­tions, which encour­ages con­duct that would con­sti­tute a crim­i­nal offense, give rise to civ­il lia­bil­i­ty or oth­er­wise vio­late any law.

PURCHASE AND REFUND POLICY

By click­ing “Buy Now,” “Pur­chase,” or any oth­er phrase on the pur­chase but­ton on the Site, or enter­ing your cred­it card infor­ma­tion, or oth­er­wise enrolling, elec­tron­i­cal­ly, ver­bal­ly, or oth­er­wise, you (“Client”) agree to be pro­vid­ed with ebooks, prod­ucts, pro­grams, or ser­vices by the Com­pa­ny.  No refunds will be giv­en for any prod­ucts pur­chased online unless a sep­a­rate Terms of Pur­chase pro­vides such a policy.

NICTE CREATIVE DESIGN INTELLECTUAL PROPERTY

The Site and Ser­vice con­tain intel­lec­tu­al prop­er­ty owned by Nicte Cre­ative Design includ­ing, with­out lim­i­ta­tion, trade­marks, copy­rights, pro­pri­etary infor­ma­tion and oth­er intel­lec­tu­al prop­er­ty as well as the Com­pa­ny / https://nictecreativedesign.com logo, all designs, text, graph­ics, pho­tographs, oth­er files, and the selec­tion and arrange­ment there­of.  You may not mod­i­fy, pub­lish, trans­mit, par­tic­i­pate in the trans­fer or sale of, cre­ate deriv­a­tive works from, dis­trib­ute, dis­play, repro­duce or per­form, or in any way exploit in any for­mat what­so­ev­er any of the Site or Ser­vice con­tent or intel­lec­tu­al prop­er­ty, in whole or in part with­out our pri­or writ­ten con­sent. We reserve the right to imme­di­ate­ly remove you from the Site and Ser­vice, with­out refund, if you are caught vio­lat­ing this intel­lec­tu­al prop­er­ty policy.

THIRD PARTY RESOURCES

The Site and the Ser­vice may con­tain links to third par­ty web­sites and resources. You acknowl­edge and agree that we are not respon­si­ble or liable for the avail­abil­i­ty, accu­ra­cy, con­tent or poli­cies of third-par­ty web­sites or resources. Links to such web­sites or resources do not imply any endorse­ment by or affil­i­a­tion with the Com­pa­ny. You acknowl­edge sole respon­si­bil­i­ty for and assume all risk aris­ing from your use of any such web­sites or resources.

INDEMNIFICATION

You shall indem­ni­fy and hold us harm­less from and against any and all loss­es, dam­ages, set­tle­ments, lia­bil­i­ties, costs, charges, assess­ments and expens­es, as well as third-par­ty claims and caus­es of action, includ­ing, with­out lim­i­ta­tion, attor­neys’ fees, aris­ing out of any breach by you of any of these Terms of Pur­chase, or any use by you of the Site or Ser­vice. You shall pro­vide us with such assis­tance, with­out charge, as we may request in con­nec­tion with any such defense, includ­ing, with­out lim­i­ta­tion, pro­vid­ing us with such infor­ma­tion, doc­u­ments, records and rea­son­able access to you, as we deem nec­es­sary. You shall not set­tle any third par­ty claim or waive any defense with­out our pri­or writ­ten consent.

RELEASE OF CLAIMS

In no event will the Com­pa­ny be liable to any par­ty for any type of direct, indi­rect, spe­cial, inci­den­tal, or con­se­quen­tial dam­ages for any use of or reliance on our Site, its Con­tent, or its Prod­ucts.  You here­by release the Com­pa­ny from any and all claims includ­ing those relat­ed to per­son­al or busi­ness inter­rup­tions, mis­ap­pli­ca­tion or infor­ma­tion, or any oth­er loss, con­di­tion, or issue.

ONLINE COMMERCE

Cer­tain sec­tions of the Site or its Con­tent may allow you to make pur­chas­es from us or from oth­er mer­chants. If you make a pur­chase from us on or through our Web­site or its Con­tent, all infor­ma­tion obtained dur­ing your pur­chase or trans­ac­tion and all of the infor­ma­tion that you give as part of the trans­ac­tion, such as your name, address, method of pay­ment, cred­it card num­ber, and billing infor­ma­tion, may be col­lect­ed by both us, the mer­chant, and our pay­ment pro­cess­ing company.

Your par­tic­i­pa­tion, cor­re­spon­dence or busi­ness deal­ings with any affil­i­ate, indi­vid­ual or com­pa­ny found on or through our Web­site, all pur­chase terms, con­di­tions, rep­re­sen­ta­tions or war­ranties asso­ci­at­ed with the pay­ment, refunds, and/or deliv­ery relat­ed to your pur­chase, are sole­ly between you and the mer­chant. You agree that we shall not be respon­si­ble or liable for any loss, dam­age, refunds, or oth­er mat­ters of any sort that incurred as the result of such deal­ings with a merchant.

We have no respon­si­bil­i­ty or lia­bil­i­ty for these inde­pen­dent poli­cies of the pay­ment pro­cess­ing com­pa­nies and Mer­chants. In addi­tion, when you make cer­tain pur­chas­es through our Site or its Con­tent, you may be sub­ject to the addi­tion­al terms and con­di­tions of a pay­ment pro­cess­ing com­pa­ny, Mer­chant or us that specif­i­cal­ly apply to your pur­chase. For more infor­ma­tion regard­ing a Mer­chant and its terms and con­di­tions that may apply, vis­it that merchant’s Web­site and click on its infor­ma­tion links or con­tact the Mer­chant directly.

You release us, our affil­i­ates, our pay­ment pro­cess­ing com­pa­ny, and mer­chants from any dam­ages that you incur, and agree not to assert any claims against us or them, aris­ing from your pur­chase through or use of our Web­site or its Content.

Insta­gram Highlights:

• When you make your pur­chase, you will receive a con­tract to sign and an editable *PDF form to fill out. The PDF is part of our on-board­ing process and has a series of strate­gic ques­tions that allow NCD to get real­ly famil­iar with your brand’s mis­sion and vision. It also gath­ers impor­tant infor­ma­tion so that we can adhere to your estab­lished visu­al brand elements—as in col­ors, fonts, logo, and pho­tos. In that PDF, you will also receive point­ers and exam­ples of what type of con­tent to include for your high­lights. This is for both visu­als and copy. The copy you pro­vide for your high­lights will influ­ence the cus­tom icons we design. And you are more than wel­come to include any ideas you had that you had envi­sioned.  | *All you need is a FREE ver­sion of Adobe Read­er to add use the editable PDF.
• We high­ly val­ue your time and mine. I serve oth­er clients at any giv­en time, as well as bal­ance being a moth­er to an active mir­a­cle boy. I have a set project sched­ule that has been planned weeks out and there will be times where I can’t fit a client call for weeks. The turn-around time for this ser­vice is faster than my oth­er large-scale projects, so I devel­oped (and test­ed) a strate­gic process for this par­tic­u­lar ser­vice that will allow us to main­tain our com­mu­ni­ca­tion via email and Drop­box Paper. This helps ensure NCD deliv­ers in a time­ly man­ner and pre­vents los­ing any impor­tant con­tent that can be missed over a phone call. We can com­mu­ni­cate via email/Dropbox Paper as much as you need. All of our clients have loved the process so far.
• Depend­ing on how fast you send the Cre­ative Brief and your visu­al assets (logos, pho­tos etc.) it can take 5–7 busi­ness days to deliv­er the first round of designs. Should you have select­ed add-ons that add to the time­line, we will noti­fy you. An addi­tion­al time­line is not­ed on the pur­chase cart for ref­er­ence. After the first round of revi­sions, the approval process can either speed up or slow down the final deliv­ery. Typ­i­cal­ly revi­sions will be made between 2 busi­ness days, or unless oth­er­wise not­ed in our communication.
• NCD will present your designs on *Drop­box Paper, along with the con­cept expla­na­tion behind each design. Drop­box Paper allows you to review each graph­ics and enables you to make com­ments on each indi­vid­ual high­light design and select the spe­cif­ic area where you need the change. We under­stand you are a busy own­er too and we want to save you time (and headaches) in the approval process — instead of hav­ing to explain it over a long email. This revi­sion process is part of our strate­gic approval work­flow, and our clients have LOVED it. | Includ­ed are 2 rounds of revi­sions. Should you want fur­ther revi­sions past that, we can cer­tain­ly do that based on the hourly rate in our con­tract. Or we can pro­vide an updat­ed quote if you’re so hap­py with the results that you want to add more high­light designs. Hon­est­ly, we have yet to encounter clients want­i­ng revi­sions past the two rounds. | I want the add-ons after I pur­chased. You can cer­tain­ly add the add-ons with­in 7 days of your pur­chase. | *All you need is a Drop­box account. And you can even com­ment on the go, through your mobile phone. Just down­load the Drop­box Paper app.
• Once you have approved the final designs, NCD will pro­vide all the files as flat graph­ics in a high-res­o­lu­tion for­mat (PNG). Files will be sent via a Drop­box fold­er or WeTransfer.com.
• Absolute­ly. In our final deliv­ery, I’ll share a video tuto­r­i­al with best prac­tices and how you can upload your high­lights. Plus, I’ll pro­vide a PDF that gives you addi­tion­al insight for your high­lights. This will be super ben­e­fi­cial if you have some­one on your team man­ag­ing this for you.
• If you placed an order and change your mind, and we haven’t start­ed on your project, you can noti­fy us with­in 24-hours to get the refund. We stand by our work and have devel­oped a strate­gic approval/revision process that has result­ed in hap­py clients for over a decade. Once we have start­ed work­ing on your project, we are invest­ing time in giv­ing your busi­ness cohe­sive and strate­gic designs. This means we won’t be using tem­plates peo­ple sell online, slight­ly mod­i­fy things, and call it a day. NCD’s work is 100% tai­lor-made to your brand. How­ev­er, should you be unhap­py with your designs, please give NCD the oppor­tu­ni­ty to make the appro­pri­ate changes with­in the rounds of revi­sions. We love when clients give us hon­est and con­struc­tive feed­back in the revi­sion process. That allows us to deliv­er the high­est qual­i­ty results. 

GOVERNING LAW; VENUE; MEDIATION

These Terms shall be con­strued in accor­dance with, and gov­erned by, the laws of the State of Flori­da. If a dis­pute is not resolved first by good-faith nego­ti­a­tion between the par­ties to this Agree­ment, any con­tro­ver­sy or dis­pute to this Agree­ment will be sub­mit­ted to the Amer­i­can Arbi­tra­tion Asso­ci­a­tion. The arbi­tra­tion shall occur with­in nine­ty (90) days from the date of the ini­tial arbi­tra­tion demand and shall take place in San Anto­nio, Texas or via tele­phone. The Par­ties shall coop­er­ate in exchang­ing and expe­dit­ing dis­cov­ery as part of the arbi­tra­tion process and shall coop­er­ate with each oth­er to ensure that the arbi­tra­tion process is com­plet­ed with­in the nine­ty (90) day peri­od. The writ­ten deci­sion of the arbi­tra­tors (which will pro­vide for the pay­ment of costs, includ­ing attor­neys’ fees) will be absolute­ly bind­ing and con­clu­sive and not sub­ject to judi­cial review, and may be entered and enforced in any court of prop­er juris­dic­tion, either as a judg­ment of law or decree in equi­ty, as cir­cum­stances may indicate.

SEVERABILITY

If any term, pro­vi­sion, covenant, or con­di­tion of these Terms is held by a medi­a­tor or court of com­pe­tent juris­dic­tion to be invalid, void, or unen­force­able, the rest of the Agree­ment shall remain in full force and effect and shall in no way be affect­ed, impaired, or invalidated.

ASSIGNMENT

These Terms of Ser­vice bind and inure to the ben­e­fit of the par­ties’ suc­ces­sors and assigns. These Terms of Pur­chase are not assign­a­ble, del­e­gable or oth­er­wise trans­fer­able by you. Any trans­fer, assign­ment or del­e­ga­tion by you is invalid.

ENTIRE AGREEMENT; WAIVER; HEADINGS

These Terms con­sti­tute the entire agree­ment between you and the Com­pa­ny per­tain­ing to the Site and Ser­vice and super­sedes all pri­or and con­tem­po­ra­ne­ous agree­ments, rep­re­sen­ta­tions, and under­stand­ings between us. No waiv­er of any of the pro­vi­sions of this Agree­ment by the Com­pa­ny shall be deemed or shall con­sti­tute, a waiv­er of any oth­er pro­vi­sion, whether or not sim­i­lar, nor shall any waiv­er con­sti­tute a con­tin­u­ing waiv­er. No waiv­er shall be bind­ing unless exe­cut­ed in writ­ing by the Com­pa­ny. The sub­ject head­ings of this Agree­ment are includ­ed for con­ve­nience only and shall not affect the con­struc­tion or inter­pre­ta­tion of any of its provisions.

Con­sent
By using our web­site, you here­by con­sent to its Terms of Purchase.

Update
This site term was last updat­ed on July 25, 2018

Should we update, amend or make any changes to this doc­u­ment, those changes will be promi­nent­ly post­ed here.