Nicky Laatz Creations
Standard Terms & Conditions (Under Development)
Terms and conditions governing the use of http://nickylaatz.com
In this Agreement, unless inconsistent with or otherwise indicated by the context:
THE PRODUCTS AND SERVICES
- "Agreement" means the agreement between Us and You consisting of the Sign Up, any Purchases (including subscriptions) You made from time to time and the Terms contained herein;
- "Client" means a person who wishes to procure products and or services from Us;
- "Purchase" means the payment for a Product or Service made by You;
- “Download” means the digital files the Purchase entitles You too, made available to You after payment is received in full online via a download link.
- "Nicky Laatz Creations", which for the purposes of any disclaimer includes its directors, shareholders, employees, subcontractors and/or successors-in-title;
- "Law" means common law, legislation, regulations and any subsidiary legislation prevailing from time to time in the United Kingdom;
- "Loss" means loss, liability, claims, costs, charges, damages and outgoings of every description (including legal costs and expenses), compensation payable under contracts, loss of normal operating profits, loss of opportunity, loss of goodwill, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigation, interest and penalties, whether direct, indirect or consequential;
- "Parties" means the parties to this Agreement and “Party” means any one of them as the context may indicate;
- "Personal Information" means any information that identifies or relates specifically to a person, for example, name, contact information, address information and payment records;
- "Services" means the services set out in clause "THE PRODUCTS AND SERVICES" relating to purchases and subscriptions;
- "Sign Up" means the online registration and sign up page to be electronically completed by Applicants wishing to apply for services or purchase products on the Website;
- "Terms" means the terms and conditions contained in this document;
- "VAT" means Value-Added Tax;
- "We, Our or Us" means Nicky Laatz Creations, its successors-in-title or assignees;
- "Website" means http://nickylaatz.com, being the website at which the Services are applied and subscribed for and products are Purchased;
- "Working Day" means a day of the week other than a Saturday, Sunday or any other public holiday recognised as such by the government of the United Kingdom;
- "You, Your or Yourself" means the person or persons named in the Sign Up as the Client applying for an Account to Purchase Products and Services;
- Any reference to one gender shall be deemed to include the other and any reference to the singular shall include the plural.
- "Font Software" means The unique, original design of the font, which once compiled generates a typeface(s) and or typographic design(s) and packaged as either a Truetype format (TTF) or Opentype format (OTF). The Font Software includes, but is not limited to: Any media, printed materials, electronic documentation, updates, add-ons, artwork, web services and any other material that may be associated or distributed with the product now or in the future. The font software shall be extended to comprise of all bitmap and or outline representations of the typeface and or typographic designs.
- "Illustration" means an original artwork or design by Nicky Laatz (Sole Proprietor) packaged as either an Abode Illustrator (AI) file or an Adobe Photoshop (PSD) file, separately or bundled with other illustrations or Font Software;
Nicky Laatz Creations advertises and sells original digital art creations by Nicky Laatz (Sole Proprietor) only. These creations are in the form of Fonts (Font Software), Digital Graphics or Illustrations and other digital tools used in the Graphic Design trade.
All products and services sold on Nicky Laatz Creations remain the property of Nicky Laatz (Sole Proprietor) and are subject to the Standard End User Licence Agreement (or EULA), or in some cases an extended version of the EULA for a specific Product and or Service, which is made available on the Product or Service page.
SIGN UP PROCESS
The Sign Up process is as follows:
- To subscribe for the Service(s) and purchase Product(s), You must complete the Sign Up.
- By completing the Sign Up and subscribing for the Service(s) or purchasing Product(s), You agree to be bound by the Terms set out herein.
- On receipt of Your completed and electronically signed Sign Up, Nicky Laatz Creations will in its sole discretion take such steps as it deems necessary, to evaluate Your Application and to verify whether, in completing the Sign Up, You have provided Nicky Laatz Creations with complete and accurate information about Yourself. You will receive an email with a link, which once clicked, will confirm your email and activate Your account.
- Nicky Laatz Creations reserves the right to disable and or refuse any account deemed to be fraudulent.
The Order process is as follows:
CONCLUSION OF THE TRANSACTION
- You will log into Your user profile on Our Website;
- Choose the Product or Service you wish to Purchase;
- Follow the payment steps to complete Your Purchase.
- After the Purchase process has completed Nicky Laatz Creations will transmit the information relevant to the Purchase to You digitally and make available a link to the Download.
COOLING OFF PERIOD
- The advertising of Product(s) and Service(s) via the Website merely constitutes an invitation by Nicky Laatz Creations for you to subscribe or Purchase the Product(s) and or Service(s). Nicky Laatz Creations reserves the right not to accept and/or comply with the Order for any reason whatsoever on notice to You. Should Nicky Laatz Creations accept your Order, we will, as soon as is reasonably possible thereafter, provide You with a download link to the Product and or Service you Purchased.
- You hereby confirm and agree that the transaction between Yourself and Nicky Laatz Creations will be deemed to have been concluded at the place and the time when Nicky Laatz Creations transmits the Download information to You.
- You waive any rights You may have or obtain against Nicky Laatz Creations arising directly or indirectly from any Loss of whatsoever nature which you may suffer as a result of the fact that Nicky Laatz Creations was, for whatever reason, not able to transmit the information to you. Nicky Laatz Creations remains committed to ensuring that the Purchased download is available at all times and will endeavour to resolve any such technical issues within a reasonable time frame.
No cooling-off period applies in respect of any Product(s) and or Service(s) ordered via the Website, as the information ordered and delivered to You by Nicky Laatz Creations cannot, by its nature, be returned. Notwithstanding the provisions of this clause, You may cancel the Order prior to delivery.
The Service(s) will be delivered digitally as soon as is reasonably possible after Nicky Laatz Creations accepts Your Order and the Payment process has been completed.
PRICE AND PAYMENT
COMMUNICATIONS FROM Nicky Laatz Creations TO YOU
- You agree to pay Nicky Laatz Creations the fees stipulated on the Website as the price for the Product(s) and or Service(s) ordered.
- All prices advertised are inclusive of VAT unless otherwise stated at checkout. Should VAT be charged, You will be charged VAT based on the country Your IP address is hosted in at the time of the purchase and the VAT rate as published by said country at the time of the purchase. On checking out this will be made known to you before processing the payment.
- You will be required to make payment via PayPal for the Product(s) and or Service(s) required. This will require that You create a PayPal account and link Your credit card to Your PayPal account to successfully complete a Purchase.
- Nicky Laatz Creations utilises a payment system that is sufficiently secure with reference to accepted technological standards as at the date of these Terms given the type of transaction to be concluded between You and Nicky Laatz Creations.
- The Services will only be provided to You, once payment has been successfully made to Nicky Laatz Creations.
By placing an Order for Product(s) and or Service(s), You agree that Nicky Laatz Creations may provide the Product(s) and or Service(s) You ordered in the form of a Digital Download Link, via the Website. The Product or Service download will be delivered by way of Your access to the Website by logging into Your account.
SYSTEM COMPLAINTS AND DISPUTE RESOLUTION
- From time to time, Nicky Laatz Creations may introduce special offers or promotions. These may be subject to separate terms which We will publish on Our Website at the time.
- You will have advised Us in the Sign Up whether You would like to receive such information regarding special offers and promotions.
CONSUMER PROTECTION INFORMATION
- In the event of a dispute or a complaint, You should first refer the matter to Us. A dispute can be lodged with Us via email to email@example.com, with brief details of Your dispute or complaint and Your account reference number or username.
- Our Customer service staff will acknowledge your complaint and/or dispute by email within 24 hours during Working Days. We will try to sort out Your complaint and/or dispute quickly once You have contacted Us. If We cannot do this, We will tell You about the procedures We have for sorting out complaints and/or disputes. These procedures are set out below. If We need to investigate Your complaint and/or dispute further to respond fully, We will tell You and keep You regularly updated.
- If We are not able to resolve Your dispute or complaint, the matter may be referred to independent conciliation, mediation or arbitration.
- If You are not satisfied with the resolution/conclusion received arising from this process, You are invited to take the matter further and contact the applicable regulatory or dispute resolution body on the contact details below.
Your attention is drawn to the following:
USE OF INFORMATION
- Full name and legal status : Nicky Laatz (Sole Proprietor)
- Place of registration :
- website address : http://nickylaatz.com;
- e-mail address : firstname.lastname@example.org.
- Manner of payment : All payment transactions are made via PayPal. Nicky Laatz Creations does not process payments, nor does Nicky Laatz Creations store payment details.
RIGHTS OF Nicky Laatz Creations
- You agree that You will not distribute, electronically transmit or display any materials on any Nicky Laatz Creations server or via a Nicky Laatz Creations internet connection which may:
- violate any domestic or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Nicky Laatz Creations or any third party;
- be defamatory, slanderous or trade libellous;
- be threatening or harassing;
- be discriminatory based on gender, race, age or promotes hate
- violate any Nicky Laatz Creations policy posted on the Nicky Laatz Creations Site including, but not limited to, our Terms.
- contain viruses or other computer programming defects which result in damage to Nicky Laatz Creations or any third party.
- Any breach of the provisions of 1 shall be a material breach of this Agreement and You hereby indemnify Nicky Laatz Creations to the extent of any Loss suffered and/or incurred as a result of such breach.
- You shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. For more information on spam please consult the ECT.
- The Parties agree that in no event shall com be liable to any third party for Your breach or alleged breach of any of the Terms. You agree to defend, indemnify and hold harmless Nicky Laatz Creations from any and all Loss resulting from any such breach or alleged breach of Your obligations in terms of the Terms.
- You agree that although com tries to ensure full operation of all Services at all times, should any failure (hardware, software, or system breach) occur leading to Loss of Your data, Nicky Laatz Creations will not be held liable for such Loss.
- Nicky Laatz Creations reserves the right to refuse Services to anyone. Nicky Laatz Creations, in its sole discretion, may immediately terminate this Agreement if the Subscriber is in breach of the Terms.
- This Agreement, Nicky Laatz Creations policies, website, web service, database, pricing, documentation are subject to change by Nicky Laatz Creations without notice. Continued usage of the Services after a change to this Agreement by Nicky Laatz Creations or after a new policy is implemented and posted on Nicky Laatz Creations site constitutes Your acceptance of such change or policy. We encourage You to regularly check the website, Nicky Laatz Creations for any changes. This document is made publicly available via http://nickylaatz.com/terms.
- You understand and agree that Nicky Laatz Creations does not review, or purport to review, any submitted content and it reserves the right to remove any content from the Website that it deems in its sole discretion to be harmful in any way. Nicky Laatz Creations reserves the right to suspend or terminate Your access to all or parts of the site, without any further notice to You.
- We are in possession of information that identifies You (Your “Personal Information”) and You agree that We can use Your Personal Information to :
- verify Your identity and accuracy and completeness of the information You provide to Us;
- open, administer and service this Agreement;
- statistical analysis;
- to develop and improve our Services;
- update Your records;
- to identify which of Our, or other Services might interest You.
- You hereby agree that We may use Your Personal Information to:
- any other purpose agreed to by You in the Sign Up.
- to financial institutions or payment distribution agencies for purposes of payment processing;
- report suspicious activities or information to the relevant authorities, including but not limited to the United Kingdom Police Service, private investigation companies and the United Kingdom Fraud Prevention Services.
- We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
- Your Personal Information may also be used for other purposes for which You give your permission or, in very limited circumstances, when required by any relevant Law.
- Where We have received Your express, written consent to do so, We may sell Your Personal Information to third party entities.
All Your information is stored securely by Nicky Laatz Creations and is used to provide You with the Services, in the collection of fees for Services rendered and communication between Nicky Laatz Creations and You. While Nicky Laatz Creations employs safety measures when interfacing with its customers, suppliers and other partners, You should be aware that there is a minimal inherent risk in transmitting any data electronically. This risk is inherent in all internet dealings and You agree to defend, indemnify and hold harmless Nicky Laatz Creations from any Loss resulting from any external parties obtaining Your stored information due to systems failure or otherwise.
CHANGE IN CIRCUMSTANCES
You must notify Us as soon as possible of any changes to Your personal details or financial circumstances in light of the information provided by You in the Sign Up. A failure to do this will be a breach of this Agreement for purposes of clause 25.
CHANGES REQUIRED BY LAW
SUBSTITUTION OF PARTIES
- If there is any change to a Law that requires Us to conduct Our business of providing Services differently from that contemplated under this Agreement, We will be entitled to make such changes to this Agreement as are required to comply with the Law. We will give You appropriate written notice of such changes via an announcement on Our Website.
- We have in the drafting of this Agreement used Our best endeavours in order to comply with applicable Laws. To the extent that this Agreement may require further amendment in order to comply with new laws or amendments, by Your signature hereto You agree to such amendment which will be set out in a Schedule to these Terms to the extent applicable.
- The aforesaid amendments will be effected from the date of notice of amendment.
You hereby acknowledge and agree that Nicky Laatz Creations will be entitled, without restriction and in its sole and absolute discretion to replace Nicky Laatz Creations as service provider with any subsidiary company or associate company (present or future), provided that such replacement service provider shall upon such replacement acquire all the rights and assume all the obligations of Nicky Laatz Creations in terms of this Agreement.
By Your digital signature hereto You agree that:
LEGAL ADDRESS – CONTACT DETAILS
- Nicky Laatz Creations may (or any person to whom its rights are ceded and/or its obligations are delegated) without notice to You, cede any or all of its rights and/or delegate its obligations under this Agreement either absolutely or as security to any other person or persons and on any such cession and/or delegation taking place, You shall, if so required by any cessionary, make all payments direct to such cessionary.
- Nicky Laatz Creations may disclose any information, including documents, which it holds about You, to any third party to facilitate the rights referred to in clause 21.1.
- You may not cede or encumber any of Your rights nor delegate any of Your obligations under this Agreement without Nicky Laatz Creations’s prior written consent.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- You agree that any notices and statements given to You in relation to this Agreement can be delivered or served to the email address supplied by You at Sign Up.
- We may in our sole and absolute discretion also deliver or serve any notice or demand on You personally, or send it by prepaid envelope addressed to You at Your last known address. You may deliver or serve any written notices on Us by email to email@example.com.
- You may change Your contact details by delivering to Nicky Laatz Creations notice of the new contact details by email to firstname.lastname@example.org, or by editing these details in Your ‘account’ section of the Website.
- You agree that notwithstanding anything to the contrary herein contained, a written notice of communication actually received by You will be adequate written notice or communication to You notwithstanding that it was not sent or delivered to Your chosen address.
GOVERNING LAW AND JURISDICTION
- Copyright and all intellectual property rights in all products, services, materials, texts, drawings, Font Software and data made available on the Website (collectively "the materials") are owned by Nicky Laatz Creations, alternatively Nicky Laatz Creations is the lawful user thereof, and are protected by both United Kingdom and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that You may use the materials or any component thereof for the purposes of ordering Product(s) and or Service(s) from Nicky Laatz Creations. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this Website are registered and unregistered trademarks of Nicky Laatz Creations. Nothing contained on this Website should be construed as granting any licence or right to use any trademark without the prior written permission of Nicky Laatz Creations.
- Products and Services for sale on Nicky Laatz Creations are sold subject to their own Terms and Conditions as defined by their End User License Agreement (EULA), available on the Website.
- The Product or Service EULA is an extension of the Terms as defined in this agreement.
- This Agreement shall be governed by the Laws of the United Kingdom.
- Nicky Laatz Creations will be entitled, but not obliged to institute any proceedings arising out of or in connection herewith in the appropriate Magistrates Court (or High Court where necessary) with jurisdiction.
Should any Party fail to comply with the obligations under this Agreement and persist in such failure for a period of 7 (seven) days after date of receipt of written notice requiring that Party to perform the obligation in question, the aggrieved Party shall be entitled, in addition to and without prejudice to any other rights available at Law, to claim specific performance or to cancel this Agreement and in both cases to recover such damages as the aggrieved Party may be able to prove that it has sustained.
CERTIFICATE OF INDEBTEDNESS
A certificate signed by one of Our duly authorised managers, whose authority need not be proved, as to the amount owing by You to Us at any time, as to the fact that such amount is due and payable, the amount of interest accrued and payable thereon and as to any other fact, matter or thing relating to Your indebtedness to Us shall be proof (on the face of it), and unless disputed by You, of the facts therein stated and of the amount of Your indebtedness for the purpose of provisional sentence or summary judgment or any other proceedings against You in any competent court, and shall be valid as a liquid document for such purposes. Such certificate shall be deemed to be of sufficient particularity for purposes of pleading or trial in any action or other proceeding instituted by Us against You.
Should Nicky Laatz Creations be prevented from fulfilling any of its obligations to You as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Nicky Laatz Creations is so prevented from fulfilling them and Your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then Nicky Laatz Creations shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to You. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
DISCLAIMER OF WARRANTIES
The Website, Services, file manager, member content URL'S and/or any other Services offered on the Website, are provided to You on an "as is" and "as available" basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable Law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose), in particular, but not as a limitation thereof, Nicky Laatz Creations makes no warranty that the Website, Services, file manager, member content URLs and/or any other Services offered on the Website:
LIMITATION OF LIABILITY
- will meet Your requirements;
- will be uninterrupted, timely, secure or error-free or that defects will be corrected;
- will be free of viruses or other harmful components;
- will have security methods employed that will be sufficient against interference with Your enjoyment of the Website, or against infringement; and/or
- will be accurate or reliable; and/or
- the Website, Services, file manager, member content URLs and/or any other Services offered on the Website may contain bugs, errors, problems or other limitations. Nicky Laatz Creations will not be liable for the availability of the underlying internet connection associated with the Website, Services, file manager and/or member content URLs. No advice or information, whether oral or written, obtained by you from Nicky Laatz Creations or otherwise through or from the Website shall create any warranty not expressly stated in the Agreement.
You expressly understand and agree that Nicky Laatz Creations shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nicky Laatz Creations has been advised of the possibility of such damages), to the fullest extent permissible by Law for:
- the use or the inability to use the Website, Services, file manager, member content urls and/or any other Services offered on the Website;
- the cost of procurement of substitute Services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Website;
- the unauthorized access to, or alteration of, your registration data;
- any other matter relating to the Website, Services, file manager, member content URLs and/or any other products and/or services offered on the Website; and
- this limitation applies to all causes of action (other than gross negligence or fraud), in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation. You hereby release Nicky Laatz Creations from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable Law does not permit such limitation, the maximum liability of Nicky Laatz Creations to You under any and all circumstances will be the valued Services to which the claim relates).
- All references to Nicky Laatz Creations include its lawful successors and permitted assigns. You must inform Nicky Laatz Creations if You are at any time placed under administration order, debt review, sequestration or any other form of insolvency and failure to do so is a material breach.
- These Terms are the full complete agreement between You and Nicky Laatz Creations in respect of the granting of the Products and Services and there are no additional unspoken or implied Terms and no variation, amendment, extension of time, waiver or rights, relaxation or termination of any provisions contained in this Agreement will in any way be of force or constitute a basis to rely on an estoppel unless agreed to in writing by the Parties.
- In the event of any one or more of the provisions of this Agreement being unenforceable then such provisions shall be severed from the remaining provisions of this Agreement which shall in no way be affected and shall remain in full force and effect.
- No indulgence which We may grant to You shall constitute a waiver or novation of any of Our past or future rights and We shall not thereby be precluded from exercising any rights against You which may have arisen in the past or which might arise in the future.
- com makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in Law, or residual, in respect of these Terms, the Service(s) and/or the accuracy or correctness of the information delivered to You or any part thereof.
By signing this Agreement, You:
- accept all of the terms and conditions of the Agreement;
- agree to be bound by all of the declarations and Terms contained in the Agreement and those contained in the Sign Up;
- acknowledge that We are relying on the information that You have given Us;
- unconditionally absolve and indemnify Us from and against any Loss, damage, costs or expenses which either We or You may sustain or incur, either directly or indirectly as a result of Our relying on and using the banking details and or any information supplied to it by You or on Your behalf, in order to pay the proceeds or collect amounts owing in respect of the Agreement;
- agree that We will not be liable in respect of any errors or omissions from any particulars given to Us by You or on Your behalf;
Nicky Laatz Creations | Standard Terms & Conditions (Under Development) | v 1.2