TERMS & CONDITIONS
1. Agreement Overview
2. Customer Representations
3. Service Plans
Long Run: Nube provides high-end webflow development and digital design services for web, brand, and product needs. Which includes support from a one partially dedicated designer/developer at a time. Customers get updates every 48-72 hours through private Signal channel or Notion task board. Design walkthroughs are shared using Loom or similar technologies. Nube starts work on new requests within 2 business days.
Full Force: This plan is catered to customers looking to start a brand new project or are needing more extensive support, offering the expertise of up to two experts (designer/developer) per time. This plan is ideal for product design projects that require a range of design solutions. Like the Brand + Web plan, it includes support from a Project Manager, updates every 48-72 hours, and design updates via Loom videos. Weekly calls with the Project Manager can also be arranged upon request. Off Menu commits to a response time for new service items within two business days.
All plans come with continuous support from a Project Manager to maintain project consistency and alignment with customer goals. Nube may modify, improve, or update these Service Plans at its discretion. Customers should regularly review the terms to stay updated on any changes and will be promptly notified of any updates.
4. Acceptance of Work
Nube offers a three (3) business day assessment period post delivery of design services, allowing the Customer to appraise and share feedback. The insights of the Customer are crucial to guarantee that the end product aligns with their requirements.
If Nube does not get any feedback or requests for revisions within three (3) working days after delivery, the task will be deemed approved, and the Nube’s team will proceed to the next task. This approval is a routine step and does not bar the Customer from offering more feedback or asking for subsequent modifications. Nube is dedicated to facilitating additional adjustments; however, it's recognized that this won't postpone the current project schedule or the subscription invoicing cycle.
We invite clients to share prompt responses in order to maintain the project's progress, acknowledging that the creative process inherently involves amendments. Nube takes pride in continually refining our output to accurately reflect the client's perspective, all the while preserving the rhythm of project advancement.
5. Pricing Plans and Refund Policy
Customers have the liberty to terminate their subscription with Nube, but it's important to note that a written cancellation notice is required as defined in the "Cancellation and Renewal Policy". This advance notice is vital because resources and dedicated specialists are planned based on projected project duration. Consequently, Nube will not provide refunds once these resources are assigned and the work has started.
Should a Customer issue a termination notice, Nube will maintain service provision until the existing billing cycle concludes. There will be no refunds for any unutilized portion of the services within this payment period. Upon receipt of the termination notice, the subscription will no longer be renewed, and there will be no subsequent costs after the conclusion of the billing cycle that encapsulates the termination notice period.
6. Cancellation and Renewal Policy
Customers must provide a clear written notice to discontinue Nube's Service Plans (using this form) at least fourteen (14) days before the next billing cycle for Long Run plan, and twenty-one (21) days for Full Force plan. This advanced notice is crucial to avoid incurring charges for the upcoming period. The necessity of such notice period is due to the significant resource allocation and planning Nube undertakes to ensure that dedicated experts are available to deliver the high-quality service our Customers expect.
Should the Customer fail to deliver a specified cancellation notice, they will be subject to the complete charges of the next billing cycle. These charges, which are non-refundable, offset the allocation and reservation of design assets that could have been employed elsewhere. Nube's policy is designed to guarantee the utmost commitment to all ongoing projects.
We urge our customers to align their project schedules and cancellation plans in accordance with this policy. Nube is dedicated to maintaining open and straightforward communication concerning renewal timelines and will assist in this through timely reminders. Please convey any cancellation intentions directly via Nube's assigned communication avenues or by using our cancellation form for them to be deemed valid.
7. Prohibited Activities
Customers shall use the services provided by Nube solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Nube are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Customers are prohibited from:
- Profiting from, disseminating, or otherwise misusing Nube's services or content for unauthorized business reasons.
- Employing the resources or material generated in a manner that violates others' intellectual property rights, such as unauthorized duplication, alteration, or dissemination, is not permitted.
- Participating in any action that is unlawful, deceptive, or infringes upon the rights of any other party.
Nube's services should be utilized in a way that honors the creative process's integrity and complies with the legal and ethical norms of content creation and usage.
8. Intellectual Property Rights
Nube's clients remit payment for each service month beforehand. As a result, at the start of every billing period, the customer gains immediate ownership of all works specifically created for them during that cycle.
Although Nube holds all rights to its core and integral Content, which includes software, design structures, trademarks, symbols, and pre-existing text, graphics, and media (altogether referred to as the "Content"), the particular creations made for a Customer during the paid service duration become the property of the Customer from the commencement of the service delivery for that specific billing period.
Upon creation and delivery within the context of a paid billing period, these productions are safeguarded under the Client's possession through copyright statutes and rules of the United States, foreign jurisdictions, and pertinent international treaties, as applicable.
9. Ownership of Materials
In alignment with the section on "Intellectual Property Rights", Nube retains the rights to its proprietary resources and generic content utilized in the production process, but the Customer acquires complete ownership of the final project deliverables. This encompasses all designs and original source files exclusively crafted for the Customer's project. Once the full payment for the particular service is made, the Customer becomes the exclusive copyright owner of all finished projects. It's crucial to underline that this ownership transition applies solely to the finalized, bespoke creations, and does not extend to Nube's foundational tools, methodologies, or pre-existing materials.
Should any Project incorporate non-Nube owned fonts that necessitate a commercial license for lawful reproduction, distribution, or public exhibition, Nube will notify the Customer in written form. The onus is on the Customer to acquire the necessary licenses for such Third-Party Fonts. The Customer will bear full responsibility for any ramifications due to neglect in procuring required licenses for any Third-Party Fonts integrated into a Project.
The Customer concurs and accepts that all inquiries, remarks, proposals, or other feedback regarding Nube's services ("Feedback") should be shared via assigned routes such as the private Signal channel or dedicated Notion task boards, using either plain text or tools like Loom, Figma comments. This guarantees appropriate documentation and resolution of the Feedback. Nube maintains ownership of all Feedback and holds no responsibility to keep it confidential.
Nube bears no responsibility for any lapse or neglect to respond to Feedback that isn't communicated via the previously mentioned specific channels. We strongly advise customers to utilize these platforms for all Feedback-related communication to guarantee its proper acknowledgment and suitable response.
Nube holds the authority to supervise the Services for any infringements of these Usage Terms and to enforce legal measures against such violations. Additionally, Nube maintains the right to limit or refuse access to the Services or suspend the Customer's utilization of the Services, without any obligation to provide prior notice or assume any liability.
13. Returns and Refunds
Nube enforces a rigorous no-refund rule for all payments pertaining to all service packages, consistent with our terms for cancellation notice laid out in the "Cancellation and Renewal Policy" segment. Clients desiring to cancel their subscription need to submit written notice before their upcoming billing cycle to avoid fees for the following period, as specified in the "Cancellation and Renewal Policy" segment.
Despite this policy, Nube is committed to delivering the promised services for the entirety of the current billing cycle, even if a cancellation request is received. No refunds will be issued for any cancellations, including those made within the cancellation notice period, as this timeframe is necessary for us to efficiently reallocate resources and maintain the high-quality service our customers expect.
Nube retains the authority to adjust, revise, amend, or delete any content on the Services as it sees fit. Moreover, without prior notice or responsibility to the Customer, Nube maintains the right to alter or terminate any portion or entirety of the Services.
Occasionally, service disruptions may transpire due to influences outside our command. Such issues might comprise, but are not confined to, unexpected scenarios like staff absence, technical hitches, or external elements hindering our service delivery capabilities.
In case of these disruptions, Nube is not accountable for any harm, loss, or inconvenience experienced by the Customer due to failure to receive services during these instances. We pledge to limit any disturbances and will strive to inform Customers about any major interruptions, while aiming to restore services as quickly as feasible.
16. Governing Law
17. Limitations of Liability and Indemnification
Nube, with its board, staff, associates, contractors, or representatives, shall not bear responsibility for any direct, indirect, consequential, incidental, special, or punitive losses, inclusive of loss of income, loss of revenue, loss of data, or other damages or losses, resulting from the Customer's use of the Services. The Customer consents to protect, indemnify, and not hold Nube accountable for any loss, damage, responsibility, assertion, or demand due to the Customer's utilization of the Services.
18. Customer Data
The Client holds accountability for supplying all necessary data and resources needed for Nube to deliver its services. This encompasses specific project parameters, content, images, and any other pertinent information for service completion.
Nube ensures reasonable precautions to protect the customer's data during the service delivery, but it does not assume responsibility for any loss, corruption, or compromise of such data. Clients are encouraged to keep backups and duplicates of all materials shared with as well as received from Nube. If data loss or corruption occurs, Nube will strive to aid in the recovery efforts to its maximum capacity, but it cannot assure the recovery of lost or compromised data.
19. Electronic Delivery of Materials
The customer agrees to accept electronic correspondences from Nube and affirms that all contracts, notifications, disclosures, and other transmissions distributed digitally meet legal standards equivalent to written communication.
20. Showcasing Work
Nube retains the authority to display design outputs across all electronic platforms, unless a Non-Disclosure Agreement (NDA) specifies otherwise for the safeguarding of confidential data.
On termination, all rights and obligations of both parties cease, except for those specifically stated to survive the termination, such as payment obligations for services already delivered, confidentiality, and ownership of materials. Nube will take appropriate measures to ensure a seamless transition and mitigate disruption to the Customer's ongoing projects.
For questions or comments regarding these Terms, please contact Nube using the following: