NubiDesign Terms of service
Please read carefully through the terms of service before accessing or using this website. These terms apply to all users that are using the site.
This website is operated by Nubi Design LTD UK. throughout the site the terms - ‘We’, ‘Our’ and ‘Us’ refer to Nubi Design LTD.
By visiting our site and/or purchasing something from us, you engage in our terms of service. Please read these terms or service carefully as by visiting our site you are bound by the terms of service. If you do not agree to all or any of these terms, you may not use our website. Any new product or feature that is added to the website is also subject to these terms of service.In addition, each time you log into or utilize the Website you’ve officially “signed” the terms of service . If you sign up on behalf of another person, you represent and warrant that you have the authority to accept these terms of service on their behalf.
It is your responsibility to check back periodically to see any changes to the terms as we reserve the right to make changes, replacements and updates to these when new services become available. Your continued use of our website constitutes acceptance of these changes.
The headlines used in the following information are just for convenience and each section is subject to our Terms Of Service. Some of these headlines may not contain the information you are searching for. Please read these terms in full to make sure all the information has been understood.
Terms of our online store -
By using our online store you and therefore agreeing to our terms of service you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use any destructive code or worm or virus on this website.
Where applicable, you have the responsibility of keeping your login details to our affiliate service including email and password confidential. Any loss or theft of this information is not our responsibility.
By accepting our terms of service you also agree to the following general rules of this website -
You will not use this website to upload any unlawful content.
You will not use misleading or incorrect names.
You will not input any of your personal, sensitive information into the website.
You will not set up multiple accounts with different names.
You will not duplicate, replicate, copy reproduce or resell any of the products available on this website or any of the products provided as part of our service.
Third party Information -
Any third party information displayed or linked third party website are for your information provided by us but -We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Pricing and conditions of pricing -
We reserve the right to refuse sale to anyone, at anytime and without reason.
All prices or our products and services are subject to change and we reserve the right to give preferential pricing to returning customers that may not be available to new customers. This is based on the representative dealing with the projects discretion. The same is true where an individual product may be cheaper when sold as a larger package, product or project.
While the displayed price displayed is fixed, there may be additional charges for changes and additions that fall outside of the individual terms for each product. For example but not limited to the redrawing of a main illustration of art work after the work has been completed because a change of concept not described.
Discounts may be applied to our products and services in the form of discount codes. We reserve the right to discontinue these offers at any time where there is not a fixed, displayed time period of the discounted offer.
Custom packages are subject to a minimum 50% deposit of the total value of the package as minimum and the remainder is due in full upon completion and approval of the work. These can be paid in full but we will never do work without a deposit.
Pricing of custom packages
Pre made packages are to be paid in full.
Cancellation and refunds -
All refunds take up to 7-10 business days to process.
On premade or packages that do not have an option to pay a deposit you have no right of cancellation as the files are made available immediately after payment. Everything otherwise described below with regards to refunds do not relate to pre made items.
On custom packages you have 48 hours after the order has been made to give notice of cancellation. You will be refunded in full if this decision is made after 48 hours.
Any notice of cancellation after this 48 hours will mean either -
Loss of deposit or re booking for any time in the next 90 days from the notice of cancellation. Where no communication has been received after the 90 days, deposit will be lost.
Upon payment of a premade package we operate a no refund policy as files are made available immediately after purchase. This is no refunds for any reason.
Any refund requires that you have your order number that is generated at the time of order. It is your resposibility to keep this number safe.
Cancellation during a project will lead to loss of deposit and all the work done up to this point will remain property of us unless the final payment is made within 30 days. We have the right to sell or distribute the work we have completed that has not been paid for in full after 30 days from completion or immediately after notice of cancellation. In instances where the payment has been made in full, the ‘deposit’ will be 50% of the value of the purchased product or service value.
Cancellation may not be made after the completion of a package. Once the work has been approved the full total is payable to us and must be made within 30 days. We may take legal action if the approval is made and payment is not sent.
Where a package or project has been paid in full and ANY of the finished files have been sent complete, no refund will be issued for a cancelation. For the convienince of our customers it is our standard policy on packages that have been paid in full that files will be sent as they are complete with no watermarking. If you wish for the files to be watermarked to ensure you have the right to cancel with a 50% refund on a package, it is your responsibility to highlight this at the time of ordering or with at least 24 hours notice of the start of the project. As stated earlier, packages cannot be cancelled after completion. If a request for a refund is made when a package is paid for in full and the pacackage has been completed and all elements approved, with or without watermarks - no refund will be issued.
Bookings and delivery times -
If a booking has been made and no communication has been received from you by us after the booking date has passed, and we receive communication after this date, we will fit the booking into our schedule at the next available space that is convenient for us.
If communication has stopped during the project, you have 30 days from the last communication to get back in touch or deposit will be lost.
Booking on our waiting list are subject to change and you will be informed of this change before the day of the booking.
Quoted deliveries of custom and pre made packages are made in ‘working days’ and are time zone sensitive. We operate on a GMT time zone working Monday to Friday.
Delivery quotations are subject to change and may be earlier or later than described.
Upgrades or downgrades of a package notice must be given 48 hours after confirmation of booking. An example of this would be - Upgrading from a Logo Package to an Animated Stream Package. These changes will affect the date quoted on our waiting list.
Revisions -
We encourage our customers to provide as much information as possible at the time of ordering and will provide several opportunities before making a start on any design work to share this information. We do of course understand that it’s difficult to bring our customers ideas to life perfectly first time, every time and offer a flexible and fair revision policy to make sure the tweaks they need are accommodated for. Please contact any of our team for information on this before making your booking if there is anything that is not uderstood.
Revisions on small parts- size, shape, and color are all free and unlimited during the project but may affect the expected delivery of the project as a whole.
Individual revisions as mentioned above that eventually make up a majority re draw are also not permitted.
Revisions on custom products that include a logo are allowed but large changes where a majority section of a design would need to be redrawn would result in the need to pay for the work done up to that point if the change is to be made. (usually $40 USD for a logo)
A change of concept is also not allowed after the main illustration of a logo has been completed to your instructions.
An example is, but not limited to -
An Animated stream package has been purchased, the logo portion of the design has been drawn and a request of concept change or large revision totalling more than a majority of the illustration is needed to be redrawn. The cost of this would be 50% of the cost of a logo package if you would want another concept of majority redraw complete.
In such cases a re booking may be needed and a change to the expected delivery time.
Revisions on color do not constitute a majority re draw and can be made free of charge during the project. This may also incur a delay in the expected delivery time.
Revisions made to a completed project more than 10 days after completion, completion being the delivery of the finished files, will result in an extra cost. This will be quoted depending on the complexity of the design.
Revisions after completion, even within the 10 days, that consist of - whole color, name/text or that change that change a majority of a design are not possible. If mutiple versions of a design are required, this must be started at the time of collection of information, before we start the design, or, at latest, before the finished files are sent as these may be chargeable.
After completion, text changes are available but only 1 name change per package after the completion will be free of charge and must be within 10 days of the delivery of the finidhed files.
Deposit payments are to reserve a space on our waiting list and will not be refunded for any reason unless inside the stated cancelation period. This includes instances where customers simply do not like the design or the design did not meet their expectations. Alot of time goes into the work and for this reason we strongly discourage anyone looking for a free design concept under the basis that the deposit is refundable to order any custom design.
On custom ‘Brand Identity’ projects or projects that fall out side our ‘Custom Packages' range our revision policy is as follows:
Small revisions to shape, size, color and position are free of charge. Large changes to concept or to any illustration, design or animation that constitutes more than half of the time it took to create will be charged extra. Using the free changes to individual parts as described above that total to more than 50% of the time it took to create will also be charged extra. The time taken is for each project is recorded by our team as they move through the project.
Please note - When logo main illustration is provided, it is a hand drawn version and small details may differ in the finished design.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nubi Design LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
We may review and make changes to these terms anytime. It is your sole responsibility to be up to date with these terms.
Contact info -
designnubi@gmail.com
Affiliate Agreement
This agreement describes the terms and conditions for participation in the Nubi Design affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “Nubi Design” refers to Nubi Design LTD UK , with whom you are entering this agreement. By applying to the Nubi Design affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
Affiliate Programs
The Nubi Design Affiliate Program.
Commissions
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links or enters the affiliate code u[on checking out.. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
Affiliate codes can not be used at the same time as other discount codes.
If the Affiliate is on a one-time payment option, they will receive a commission for each new signup.
If the Affiliate is on a recurring payment schedule, they will continue to accumulate commissions for each paid transaction by the customer for as long as the customer remains a paying customer. For Affiliates participating in the recurring program, commissions will also accumulate for plan upgrades and adding users.
Payment
Payments take place at the start of every calandar month but may be delayed during busy periods . Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out via PayPal.
Refunds
In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
Usage and Obligations
Affiliates are permitted to use the Pure Chat brand and marketing resources available in the Affiliates section of the Nubi Design application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Nubi Design and will never advertise Nubi Design products directly. The Affiliate will never bid for advertisements that compete with Nubi Design.
The Affiliate will never represent themselves, Nubi Design or their relationship with Nubi Design in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Nubi Design.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from Nubi Design will be paid for any past or future customer transactions.
If Nubi Design chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.
If the Affiliate is on a recurring program, Nubi Design will not be obligated for any future payments after termination.
Governing Law
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules.
Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Arizona. An award of arbitration may be confirmed in a court of competent jurisdiction.
Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.