Terms & Conditions

January 28, 2020 2022-04-23 7:07

Terms & Conditions

Effective Date: January 2021 Welcome to www.angoricreative.com

This Site is owned and operated by Angori Group LLC trading as Angori Creative (referred to in these terms as “Angori Creative” “we”, “us”, and “our”).  Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels (“Terms”).   These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).

 

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms. 

 

NO MINORS

By using the Site, accessing or purchasing any products or services, you warrant that:

  1. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
  2. have read and accepted these Terms; and
  3. will comply with these Terms.

 

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services.  If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of the Site.  If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

 

INTELLECTUAL PROPERTY

The Site, products and services contain intellectual property owned by us and/or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images. all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the products and/or the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or the services or the content.

 

OWNERSHIP:

The client, have ownership of the final logo design for use in any media application that is beneficial to your business. Angori Creative retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Angori Creative permission to use client’s full name, business address, and website address, for testimonial purposes or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

No Commercial Use

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 the Site, the products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms. 

Free or paid content

Where you download or purchase our digital products (including checklists, guides, eBooks, workbooks, video or audio content) (Digital Products) you are granted a non-exclusive, non-transferable, limited license to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without Our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

 

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorized by us.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites.  It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

 

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. https://www.angoricreative.com/privacypolicy By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

 

CREATING AN ACCOUNT

To place orders and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.


We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

 

DIGITAL PRODUCTS

Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.

 

Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Angori Creative and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.

 

You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.

 

REFUNDS FOR ONLINE DIGITAL PRODUCTS

Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY.  Where we send the wrong digital product, we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.

 

PRICES AND PAYMENT

All prices are in United States Dollar (USD) and are exclusive of any by the Nebraska Department of Revenue (as applicable). The prices indicated on the Site may change at any time without advance notice to you.  If you’ve purchased our products or services, it will be charged at the price in force at the time a customer’s order is validated.

 

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the product or service.

 

We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase.  We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

 

We offer visitors who want to purchase from our Site the option to pay for the products and / or services by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorize us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

 

INFORMATION AND ADVICE

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional. We do not accept responsibility for determining whether our products and/or services are appropriate for you, we reserve the right to deny service and refund the cost of that product and/or service for any reason including where we believe that the product and/or service would be dangerous or would not be appropriate for you, or we believe that further professional advice should be sought.

 

We do our best to ensure that the colors of any products are accurately displayed, please note, that on occasion the color on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the color of the product.

 

By referencing or referring to anything on our Site including products or services, programs, courses, any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation in any way.

 

EVENTS

We may, from time to time, run events. You consent that we may capture (including by photograph or video) any participation in any type of event that may be run by us. You acknowledge and agree that we have the ability to use content captured at these events at our Sole discretion, including to advertise or promote the business.

 

You may be required to specifically sign a waiver or consent form to acknowledge your acceptance of these terms and that may be required to agree to other Additional Terms in order to participate in the event.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!

 

Where you do decide to submit such feedback or comments, you represent and warrant that:

  1. you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
  2. give us permission to post or otherwise use that feedback on our social media or other channels;
  3. you waive any and all existing and future moral rights (as defined in the Copyright Act 1968) in the content you provide us;
  4. the content does not violate these Terms; and
  5. you are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment contains:

  1. libelous or otherwise unlawful, abusive or obscene material;
  2. attacks our employees or another contributor;
  3. contains material that discloses your personal information; or
  4. is unrelated to the post or content to which you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions Angori Creative or its owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger.

 

COMPETITIONS

We may from time to time run competitions through this Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition. 

 

TESTIMONIALS

On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results. 

 

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
  4. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;
  5. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  6. infringe upon the rights of any other person’s proprietary rights;
  7. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  8. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:

  1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
  2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or 
  3. there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Nebraska Consumer Law.

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and  hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms  and/or arising from a breach of these Terms  and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

 

ADDITIONAL TERMS

Where you have selected to enter into a further agreement, relationship or contract with us beyond this Site, including by purchasing products or services which require this, we will issue you with Additional Terms.  These Additional Terms together with these Terms will form the agreement between the parties (Agreement).

 

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

  1. where you breach any provision of these Terms; or
  2. at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorized to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

 

CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

ASSIGNMENT                                                                                                          

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

 

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

 

GOVERNING LAW AND JURISDICTION        

All Terms shall be construed in accordance with and governed in all respects by the laws of United States of America. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of Nebraska.

 

General

1. Angori Creative starts working on a project upon receipt of a 50% down payment. Unless otherwise specified in writing, the client is charged the remaining balance upon completion of the project. Websites are made live upon completion of the project, when all payments are cleared. If applicable, hosting and domain name registration fees must be paid every month.

2. Ownership: The client, have ownership of the final logo design for use in any media application that is beneficial to your business. Angori Creative retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Angori Creative permission to use client’s full name, business address, and website address, for testimonial purposes or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

3. Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to Angori Creative until paid in full. In the event of termination of this Agreement, Angori Creative owns the logo or design and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Angori Creative owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Angori Creative reserves the right to display the logo for business promotional use.

4. Additional services come at additional fees, on a fee for service basis or on an hourly rate. If clients require additional services, the correspondent fee is added to their invoice and they are charged accordingly.

5. Illness, injury, or other events beyond Angori Creative’s control, such as: fire, theft, computer failure may result in a delay of unpredictable length. Delays in project completion may occur when:

  • There is a delay in any payments
  • The client requests further changes in the design, structure, or content of the project
  • The client purchases an additional service related to the project
  • There is a delay in the receipt of any materials form the client

Time frame estimates are approximate only and are subject to change at any time at Angori Creative discretion. At any time, and at its whole discretion, Angori Creative’s may decide to put a project on hold.

6. All of our services are 100% satisfaction guaranteed. We don’t stop working until our clients are completely satisfied with their solution. That is our commitment. However, Angori Creative will under no circumstances be held responsible to satisfy unreasonable expectations or request Angori Creative’s discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. As an example, if the client purchases a certain service, but in order to be fully satisfied, Angori Studios judges that an additional service is necessary, then it is no longer Angori Creative responsibility or commitment to satisfy the client. In other words, Angori Creative guarantees 100% satisfaction within the framework of its original agreement with the client, according to Angori Creative understanding.

7. Services or part of services (i.e. elements of a project) that have been approved by the client are considered as services with which the client is 100% satisfied. Any further work on these services (elements of the project) will be invoiced accordingly.

8. Unless clearly specified otherwise, all project statuses are set as “completed” after a 3 month period has passed (calculated from the first payment date).This means no more work will be done on that project and no service will be provided. This doesn’t apply to hosting and domain name registration services, which are provided independently of the project status, and only according to the client’s payments.

9. If client is not satisfied with Angori Creative Services, client can ask for a refund on any unused monies. Angori Creative will be happy to exercise a refund, after doing it on review.

10. Originality: Angori Creative affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.

11. Termination: The client has the right to terminate this Agreement if, Angori Creative fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, Angori Creative shall retain the deposit.

12. Performance Liability: Angori Creative does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo, web pages and website is with client. In no event will Angori Creative be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo and the operation of or inability to operate these web pages or website, even if Angori Creative has been advised of the possibility of such damages.

 

Logo Design

Sketches: Within 7 business days of receiving your company information and deposit, Angori Creative will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Angori Creative will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Angori Creative current hourly rate.

File Delivery: After the final logo design is approved, the logo design to you as a digital files (.JPG, .PDF, and .EPS or Ai graphics file formats).

 

Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Sketches: Within 7 business days of receiving your company information and deposit, Angori Creative will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost.  Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at Angori Creative’s current hourly rate.

 

Web Design

Angori Creative doesn’t assume any responsibility or liability for the content of the websites it designs and/or hosts. Angori Creative has no control over any information, materials, or products found thereon. Angori Creative doesn’t serve as consultant for its clients, and they are entirely responsible for all that is found in their websites.

Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and Angori Creative will not be held responsible for them.

  1. Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes Angori Creative to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.
  2. Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.
  3. Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
  4. Stock Photography: Angori Creative agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Angori Creative for inclusion in the client’s website remain the property of Angori Creative and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
  5. Web Browsers: Angori Creative will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 6 and 7, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at Angori Creative current hourly rate.
  6. Completion Date: Angori Studios agrees to complete website projects within a timeframe agreed upon with the client.
  7. Delinquency: Angori Studios reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
  8. Performance Liability: Angori Studios does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Angori Studios be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Angori Studios has been advised of the possibility of such damages.

Copyrights and Trademarks: The client represents to Angori Creative and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Angori Creative for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PPD from any claim or suit arising from the use of such elements furnished by the client.

 

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

 

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.

 

The Users hereby acknowledge that the rankings are to be used as an instrument in making such decision, but should not be viewed as an authoritative end-all to any evaluations.

Should you have any questions or concerns about these terms and conditions, please send us an email at admin@angoricreative.com. Thank you for doing business with us! We really appreciate it.

 

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

 

Angori Creative is located at Omaha, Nebraska, US.