TERMS OF SERVICE
By purchasing any service from Nicole Orozco the client is agreeing to the service terms agreement as expressed below. These policies have been put into place to protect both the client and Nicci Orozco.
Authorization. The client is engaging Nicci Orozco as an independent contractor for the project discussed. The client hereby authorizes Nicci Orozco with full excess to all necessary materials, accounts, resources and programs for project completion. Nicci Orozco will not share, trade , distribute or sell this information, nor are they to be held responsible for any damage or loss of data.
Cancellation and Termination. Either party may cancel and terminate the project at any time for any reason, in such event all work will stop immediately and all payments made prior shall be retained by Nicci Orozco. All liable expenses already incurred by Nicci Orozco or those Nicci Orozco is liable to pay shall be paid by the client in full. If cancellation and termination are done on the part of Nicci Orozco or occurs prior to the design approval no cancellation fee will apply. However, if the cancellation and termination are done on the part of the client after design approval the client may be liable to pay 75% of the remaining project balance. In the event of cancellation and termination, Nicci Orozco retains ownership of all copyright and any original artwork.
Monthly Maintenance Plans
Your monthly subscription will start when we confirm your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days.
You may change your auto-renewal preferences by contacting us directly, but no refunds will be paid on any remaining subscription period.
Subscription pricing is subject to change. New pricing may take effect upon annual renewal of your subscription.
Should you renew any subscription, unless otherwise advised, this renewal and future renewals will be subject to these Subscription Terms and Conditions.
Your payment will then be processed by us. A binding contract comes into effect between us once we contact you within to confirm your order with your access details ( for non-print subscriptions) but this is conditional upon these Subscription Terms and Conditions applying.
Subscriptions/access rights are supplied subject to availability, remaining in current circulation and continuing to be owned by us or licensed to us. In the event that we are unable to supply any subscriptions/access rights for the agreed term, we will inform you as soon as possible and provide you with a pro-rate refund in the event that you have paid for a period for which we cannot comply. To the fullest extent permitted by law, we will not, however, be liable for any other direct or indirect losses, nor any losses (as set out in Clause 6), caused as a result of not being able to supply you with the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.
Alteration of service or amendments to the conditions
We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.
Waiver, privacy and third party rights exclusion
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Date of the last update of document: November 2018
Copyrights and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to Nicole Orozco for inclusion in the project 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, indemnify and defend Nicole Orozco from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the Client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov
Nicole Orozco prefers all communication be done through email . Our business days are Monday-Friday, closed Holidays. If you do not receive an email reply from us within 2 business days please send your email again as we may not have gotten it the first time. During the design process please check your email often and respond to ALL questions and requests as soon as possible. If we do not receive a response from you for 14 consecutive days your project may be dropped and your payment will be forfeited.
Completion Date/Turnaround Time. After supplying Nicole Orozco with all necessary information, payments and materials, each client will be given a starting date and turnaround to first draft/proof based on our availability. Nicole Orozco will send additional drafts within 14 business days after receiving clients draft reviews and comments. Installation and file hand-off, as applicable, will be completed within 14 business days after any remaining balance is paid and the final draft is approved by client.
Clients Alterations and Technical Support. There shall be no charges to the client for revisions or corrections or additions made necessary by errors on the part of Nicole Orozco. Any changes requested by the client before the approval of the final design are not considered client alterations but draft critiques. The number of draft critiques will be determined prior. If more are needed a fee will apply. Changes requested by the client after design approval and before or after project completion shall be considered client’s alterations and will be charged an hourly rate of $110. Client must pay upfront, an hour at a time (unless stated otherwise via email). If the client wishes to modify or enhance the site beyond minor changes, Nicole Orozco shall be given first option to perform such modifications and enhancements. In such cases a new project order will be written up.
Project Copyright. For branding services, the client will obtain copyright of the final revisions upon receiving the files. All other copyright remains with Nicole Orozco. Upon request, Nicole Orozco will provide client with low-resolution JPEG files of design, but will not supply any layered PSD, AI or EPS files unless a copyright is purchased (contact us for pricing). Client is not allowed, for any reason, to alter, change, duplicate, redistribute or resell any information, draft, image, graphic or design Nicole Orozco provides client with for clients personal or business use. Please do not create or hire another designer, outside of Nicole Orozco, to create something with, based on or similar to our designs. If client should decide to change their design they should remove all Nicole Orozco’s design credit as the design is no longer an accurate representation our work. Nicole Orozco may display completed projects in design portfolios.
Downtime and Hosting Most images will be hosted using the space provided through the clients blog platform or web host. We are not responsible for any error or downtime associated with this space. When applicable client’s images and files will be hosted through our hosting provider. We are not responsible for any error or downtime on their part, but should it occur client is advised to please wait it out. If client’s images and files are not up and viewable within 4 hours they may contact us for an overview on the issue and an estimated time of it’s solution. If desired client may provide us with a replacement hosting provider (site and login info) to which we will switch said images and files over to. In such event the client will be given full control of the new location but the copyright will continue to remain with us.
Payments. Payments for services provided hereby shall be in accordance with the conditions contained in these terms. All listed prices and price quotes are in USD. Nicole Orozco will accept no payment outside of PayPal. All orders under $1000 must be paid upfront in full before project can begin. All orders over $1000 may be paid for in two parts: 50% upfront, 50% before installation or file hand-off. For orders in case collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process. The client agrees that for purposes of venue, this agreement was entered into Michoacan, Mexico and any dispute will be litigated or arbitrated in Michoacan, Mexico and the client hereby consents to the personal jurisdiction of the Michoacan State courts. Furthermore, the client waives any right to claim of sovereign immunity. Due to the nature of our services, there are no refunds after the design work has already been started.
Credit Line. At the bottom of each blog and website Nicole Orozco will include a small credit line . This credit line will link to https://nicoledigital.com/ and will be written as follows: “Website Design By Nicole DIGITAL” or "Designed By Nicole DIGITAL". On personal projects this credit line, including text and link must remain intact, clearly viewable and unaltered. For professional/business projects, client may request this line be omited for a fee. On personal blog design projects, a button will also be installed on client’s sidebar.
Legal Notice. The entire risk as to the quality and performance of the completed project is with the client. Nicole Orozco does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. All web sites at time of completion will be compatible with the latest versions of Chrome and Mozilla Firefox, Nicole Orozco is not be held responsible for any functionality or design errors that may occur with the use of any other browser. Nicole Orozco is not to be held responsible for the function of the favicon, load times, or any other errors occurring due to reasons beyond Nicole Orozco's control. In no event will Nicole Orozco be liable to the client or any third-party for and damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, your or your sites visitor’s computers or internet software, even if Nicole Orozco has been advised of the possibility of such damages. If any provision shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of Nicole Orozco. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold Mompreneur Media harmless from any claim resulting from the client’s publication of material or use of those materials.
Indemnification. Client agrees that it shall defend, indemnify, save and hold Nicole Orozco harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Nicole Orozco’s involvement in the client’s project. This includes Liabilities asserted against the Developer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold Nicole Orozco harmless against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Electronic Commerce Laws. The client agrees that the client is solely responsible for complying to any government laws lees, taxes and tariffs affecting internet electronic commerce, and will hold harmless protect and defend Nicole Orozco from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.