Agreeing to Terms
By signing up as a client of Nice or using the Nice.co.za website, you agree to be legally bound by these conditions. Please read these terms of services carefully. Nice may change these terms at any time by updating this page. If you do not agree with all of these terms, then you are prohibited from using this site and the services of Nice and you must discontinue use immediately.
Intellectual Property Rights
All intellectual properties on this site or of our services are owned by Nice or licenced to us and governed by the intellectual property and copyright laws of South Africa. No materials may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any method unless authorized by an authorized Nice representative.
User Representation
By using the Site, you represent that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You have the legal capacity and you agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purposes.
Nice has the right to suspend or terminate your account and refuse any and all current or future use of the Site or our services if any of the above conditions are not met.
Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our service will be at your full risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content materials
- Personal injury or property damage of any nature whatsoever resulting from your access to and use of the site.
- Any unauthorized access or use of our secure servers and/or financial information stored therein.
- Any interruption or cessation of transmission to or from the site.
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.
Limitations
In no event will Nice, any of our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of this site or our services.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Your Uploaded Content
Any text, documents, PDF, images, videos, files you upload to our server or submitted through email are considered “Your Content”. All materials and content submitted to us when creating your design request or projects remain your property. You are held 100% liable for all content submitted and their use in completed design. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work Nice submits back to you.
Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content: By posting Your Content through our Dashboard or submitting them via Email, you grant Nice a license to use it. Nice will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use.
Rights You Grant Nice: By posting Your Content, you grant Nice a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Nice.
Reporting Unauthorized Content: If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
Inappropriate, False or Misleading Content: You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Fees and Refunds
You agree to pay the monthly fees specified during registration in full each month prior to any services being rendered by Nice under this Agreement. Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to Nice that such billing information is accurate, up to date, and that you’re authorized to make the payment.
You may cancel our services anytime either by contacting very@verynice.co.za or by speaking to a representative. After cancellation, we will keep your logins and account active so you can access all previously submitted files until the end of your current billing period. Nice reserves the right to change our pricing and offerings at any time without prior notice.
Refund Requirements
We try to ensure that all our clients are happy with our service. If you are dissatisfied with the service we have provided, you may be eligible for a refund. Refunds are a last resort, we would rather work with you to resolve issues you have with our service and turn you into one of our happy clients. Your success is our success
To qualify for a refund:
- Must accept a call from a Nice representative to help walk you through the service and address any problems you may have.
- Must create at least 1 design request.
- Must give feedback and allow our designers at least 3 attempts to get it right.
You do not qualify for a refund if:
- You APPROVE of any project.
- You have been signed up to the service for more than 14 days
- You request or download design files.
Ownership, Copyright, Trademark, and Provided Files
All design and original source files created while you are enrolled with us are yours to keep and own. You must provide our designers with sufficient content and instructions to complete the work. All files submitted to Nice must be owned by you and not be stolen from another entity. You are 100% responsible for all materials submitted to us to create designs for you. Even in the completed design that we submit to you, we are not liable for any infringement on intellectual property rights.
You agree to indemnify, defend, and hold harmless Nice and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
Releasing Completed Work
We hold ourselves to a high standard of delivery and would never intentionally submit final files with errors to you. However in a rare event that you do receive a file with errors, please notify us promptly and we will do our best to quickly make the revisions and re-submit to you. Nice is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering print or finalizing for marketing.
Confidentiality
All communication between you and any Nice representative are held confidential. We will not disclose your private information or project information with unauthorized users.
Delivery Output
You may submit as many design requests as you humanly can and all requests will be stored on our management software and prioritized accordingly. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project. You can also Pause or Cancel a project if you no longer wish for that project to be completed. Pausing or cancelling a project will instantly stop its production and allow our team to move onto the next project in line.
Site Management
We reserve the right, but not the obligation to:
- Monitor the Site for violations of these Terms of Use.
- Take appropriate legal action against anyone who, in our sole discretion, violates the law of these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
- In our sole discretion and without limitation, refuse, restrict access to, limited the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof.
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.