TERMS OF SERVICE
BY VISITING https://nictecreativedesign.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
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.
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.
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.
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.
- 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.
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.
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.
By using our website, you hereby consent to its Terms of Purchase.
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.