TERMS & CONDITIONS
Agreement between User and nicacelly.com
Welcome to nicacelly.com. The nicacelly.com website (the "Site") is comprised of various web pages operated by Nicacelly Creative ("Nicacelly"). nicacelly.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of nicacelly.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
nicacelly.com is an E-Commerce Site.
Nicacelly Creative is a creative agency that delivers holistic branding, marketing, website design and copywriting for individual entrepreneurs, organizations, and start ups.
Visiting nicacelly.com or sending emails to Nicacelly constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Nicacelly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use nicacelly.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
nicacelly.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Nicacelly and Nicacelly is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nicacelly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nicacelly of the site or any association with its operators.
Certain services made available via nicacelly.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the nicacelly.com domain, you hereby acknowledge and consent that Nicacelly may share such information and data with any third party with whom Nicacelly has a contractual relationship to provide the requested product, service or functionality on behalf of nicacelly.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nicacelly or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nicacelly content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nicacelly and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nicacelly or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Nicacelly from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nicacelly Content accessed through nicacelly.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Nicacelly, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nicacelly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nicacelly in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NICACELLY CREATIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NICACELLY CREATIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
NICACELLY CREATIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL NICACELLY CREATIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF NICACELLY CREATIVE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
Nicacelly reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nicacelly as a result of this agreement or use of the Site. Nicacelly's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nicacelly's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nicacelly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nicacelly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nicacelly with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Nicacelly reserves the right, in its sole discretion, to change the Terms under which nicacelly.com is offered. The most current version of the Terms will supersede all previous versions. Nicacelly encourages you to periodically review the Terms to stay informed of our updates.
Nicacelly welcomes your questions or comments regarding the Terms:
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Nicacelly may collect personally identifiable information, such as your:
First and Last Name
If you purchase Nicacelly's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products
and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Nicacelly collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Nicacelly may also use your personally identifiable information to inform you of other products or services available from Nicacelly and its affiliates.
Sharing Information with Third Parties
Nicacelly does not sell, rent or lease its customer lists to third parties.
Nicacelly may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Nicacelly, and they are required to maintain the confidentiality of your information.
Nicacelly may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Nicacelly or the site; (b) protect and defend the rights or property of Nicacelly; and/or (c) act under exigent circumstances to protect the personal safety of users of Nicacelly, or the public.
Tracking User Behavior
Nicacelly may keep track of the websites and pages our users visit within Nicacelly, in order to determine what Nicacelly services are the most popular. This data is used to deliver customized content and advertising within Nicacelly to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Nicacelly. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Nicacelly website.
Security of your Personal Information
Nicacelly secures your personal information from unauthorized access, use, or disclosure. Nicacelly uses the following methods for this purpose:
- Your personal information is private and will not be shared with any third party or other entity for any reason without permission.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the
terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Nicacelly does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, Nicacelly may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Nicacelly, you may opt out of such communications by Customers can opt out anytime via link in marketing materials, including occasional emails..
Changes to this Statement
Nicacelly welcomes your questions or comments regarding this Statement of Privacy. If you
believe that Nicacelly has not adhered to this Statement, please contact Nicacelly at:
Effective as of October 23, 2020
FULFILLMENT & REFUND POLICY
Each new client receives a free 30-minute intake about the project, after which a scope of work proposal is created and presented at a second meeting, usually within 1 week.
If the client chooses to move forward with the project, a final (if needed) scope and contract will be presented upon deposit, including a project timeline and payment schedule. Work begins when the deposit is received, marking the first day of the work period.
Packages are based on estimates of hours and a calendar date scope that leave enough room for projects to be completed. To stay within the package allotment depends on the efficiency between the client and Nicacelly's planned meetings and requested deliveries and approvals to achieve realistic and productive timelines. Upon agreement of terms of the project package, Nicacelly pre-books the time that is necessary to complete the project. If the client cannot deliver requested approvals within that time, Nicacelly reserves the right to receive payment for the remainder of the project, and then the project moves to the regular hourly rate as outlined in the final scope.
Scheduled meetings can be rescheduled within 48 hours. Last-minute cancellations are charged at the regular rate or are billed out to the project's hours. Clients are strongly encouraged to make meetings as it is part of the rhythm that ensures the timely delivery of a project.
About Project Packages:
Project rates include all copywriting, design, consulting time, consultation, and virtual or in-person meetings. The client is responsible for providing digital visual assets, stock photography, custom photography, printing and domain and web hosting costs. Hours accrued after the proposed project amount for additional projects are billed at the regular rate, or purchased at in bulk via aftercare packages presented in the scope.
Clients will be billed as agreed upon in the contract and as work is delivered. There are no refunds. Either party reserves the right to cancel a project with 30 days notice and final payment of work done and delivered, accounted for by Nicacelly Creative's time management report.
Effective as of October 23, 2020