Last updated: 29 Jan 2024
Terms of Service for Nordlean Subscriptions and Packages
These terms and conditions (“Terms”) govern the use of the Nordlean subscriptions and packages (“Service”), provided by Nordlean LTD (“Nordlean,” “Nordlean”, “we,” or “us”). By accessing or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms. Please read them carefully before using the Service.
1. Acceptance of Terms
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you should not use the Service.
2. Description of Subscription Service
Nordlean offers a Product Design service subscriptions (“Subscription”) that provides Users with access to a platform that allows them to request design work, collaborate with us, and receive deliverables based on their design requirements.
The User is permitted to submit a brief or design request to Nordlean LTD. Upon receipt of the request, Nordlean LTD will undertake the necessary work and endeavour to complete it within a reasonable timeframe, typically a few working days. However, it should be noted that the completion time may vary for larger and more intricate tasks. To expedite the production process, it is recommended that larger tasks be divided into smaller ones. Nordlean LTD will only focus on one request at a time, and the User is entitled to unlimited revisions as part of the service. It is important to acknowledge that Nordlean LTD shall not be held liable for any delays that may occur.
The User is able to transmit briefs through the project management app and communicate with Nordlean LTD via Slack. Nordlean LTD does not facilitate or accept live meetings or calls, and all correspondence should be conducted in written form through the project management app, Slack, or email. The communication between Nordlean LTD and the User shall be asynchronous, and Nordlean LTD disclaims any responsibility for providing immediate or time-sensitive responses.
3. Description of Package Service
Nordlean offers product design packages (“Package”) that provides Users with access to a platform that allows them to request a specific package of design work and receive deliverables based on their design requirements.
The User is permitted to submit a brief or design request to Nordlean LTD. Upon receipt of the request, Nordlean LTD will undertake the necessary work and endeavour to complete it within a reasonable timeframe, which will be outlined after the brief has been sent. However, it should be noted that the completion time may vary for larger and more intricate projects. The User is entitled to up to 3 revisions as part of the service. It is important to acknowledge that Nordlean LTD shall not be held liable for any delays that may occur.
The User is able to transmit briefs and guidelines through the project management app and communicate with Nordlean LTD via Slack. Nordlean LTD does not facilitate or accept live meetings or calls, and all correspondence should be conducted in written form through the project management app, Slack, or email. The communication between Nordlean LTD and the User shall be asynchronous, and Nordlean LTD disclaims any responsibility for providing immediate or time-sensitive responses.
4. Account Registration
To use the Service, you must create an account with us. You must provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. Subscription Plans and Payments
We offer different subscription and one-off plans with varying features and pricing. The details of each plan, including the subscription duration, pricing, and included services, are provided on our website. By subscribing to a plan or purchasing a package, you agree to pay the applicable fees for the selected plan.
Payment for the Subscriptions and for the Packages will be charged to your designated payment method on a recurring basis, according to the billing cycle associated with your chosen plan. You authorise us to charge your payment method for all applicable fees. Subscription and package fees are non-refundable, except as expressly stated in these Terms or required by applicable law.
6. Design Requests and Deliverables
As a User, you may submit design requests to the Service. We will make commercially reasonable efforts to match your design request within an acceptable timeframe. We will create and deliver design deliverables based on the specifications outlined in your design request.
You understand that design is subjective, and we do not guarantee specific results or the acceptance of any deliverables by third parties. However, we strive to provide high-quality design services and will work with you to address any concerns you may have regarding the deliverables.
7. Intellectual Property
All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, in the designs created through the Service belong to the User.
If any legal operation would result in Nordlean becoming the owner, either fully or partially, of a Project instead of the User, Nordlean acknowledges and agrees to assign its entire interest in the Project to the Client on an irrevocable and perpetual basis.
The User guarantees that any materials provided to Nordlean for use as examples or to be incorporated into a project during the design process are owned by the User and do not infringe upon or wrongfully take any rights of third parties, including intellectual property rights and rights of publicity.
Nordlean retains the right to publicly share the User’s design work through various channels such as social media and its website, unless agreed upon otherwise.
8. Third party assets
Nordlean LTD may, at times, utilise third-party assets, such as stock images, fonts, or other design elements, in the creation of design projects for Users.
Nordlean LTD shall make reasonable efforts to inform the User when a specific third-party asset requires a separate purchase or licensing agreement.
It is the responsibility of the User to obtain the necessary licenses or permissions for any third-party assets used in their design projects, as Nordlean LTD cannot grant or transfer such rights to the User. Nordlean LTD shall not be held liable for any unauthorised use of third-party assets by the User and any legal consequences arising from such unauthorised use shall be borne solely by the User.
9. User Responsibilities and Restrictions
a. Ownership and Rights: The User represents that they are the rightful owner or possess all necessary permissions, licenses, and consents for any content, materials, or intellectual property provided to Nordlean LTD for use in design projects. The User further represents that the use of such content or materials by Nordlean LTD, in accordance with the agreed-upon services, will not infringe upon or violate the intellectual property rights or any other rights of any third party.
b. Accuracy and Legality: The User represents that all information provided to Nordlean LTD, including but not limited to project requirements, specifications, and instructions, is accurate, complete, and lawful. The User shall not provide any false, misleading, or deceptive information to Nordlean LTD.
c. Compliance with Laws and Regulations: The User represents that the use of Nordlean LTD services and any resulting design work shall comply with all applicable laws, regulations, and industry standards. The User shall be solely responsible for ensuring that their use of the services and the design work does not violate any applicable laws or regulations. The User represents and warrants that it has the legal capacity and agrees to comply with these Terms of Service, User is not a minor in the jurisdiction of their domicile, User will not access the Website through automated or non-human means, User will not use the Website for any illegal or unauthorised purpose.
d. Indemnification: The User agrees to indemnify, defend, and hold Nordlean LTD, its officers, directors, employees, and agents harmless from and against any claims, demands, losses, damages, liabilities, and expenses, including reasonable attorney fees, arising out of or in connection with any breach of the aforementioned representations or any other misuse of the services provided by Nordlean LTD.
e. Consent for Use and Disclosure: The User acknowledges and agrees that Nordlean LTD may use, reproduce, display, and distribute the design work created for the User, including any related content or materials, for the purpose of promoting its services, such as on its website, social media platforms, or marketing materials. Nordlean LTD shall make reasonable efforts to credit the User when using their design work, if requested by the User.
When using the Service, you agree to comply with the following:
a. You will provide accurate and complete information when submitting design requests.
b. You will communicate respectfully and professionally.
c. You will not use the Service for any unlawful, fraudulent, or unauthorised purpose.
d. You will not upload or transmit any harmful or malicious content.
e. You will not interfere with or disrupt the Service or its associated systems.
10. Prohibited Activities
The User acknowledges and agrees that while using the services provided by Nordlean LTD, they shall not engage in any activities that are prohibited by applicable laws, regulations, or legal standards. Prohibited activities include, but are not limited to:
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Infringement of Intellectual Property: The User shall not use the services to infringe upon or violate the intellectual property rights of any third party, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.
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Unauthorised Access or Use: The User shall not attempt to gain unauthorised access to Nordlean LTD’s systems, networks, or any other infrastructure associated with the services. Unauthorised use or distribution of any account credentials, passwords, or other confidential information related to Nordlean LTD or other Users is strictly prohibited.
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Unlawful Content: The User shall not use the services to create, upload, transmit, or distribute any content that is unlawful, defamatory, obscene, pornographic, abusive, or otherwise objectionable under applicable laws.
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Malicious Activities: The User shall not engage in any activities that could harm, disrupt, or interfere with the proper functioning of Nordlean LTD’s services or its associated systems. This includes, but is not limited to, introducing viruses, malware, or any other harmful code.
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Fraudulent or Deceptive Practices: The User shall not engage in fraudulent or deceptive practices, such as impersonating others, providing false information, or engaging in any activity aimed at misleading or defrauding Nordlean LTD or other Users.
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Violation of Privacy: The User shall respect the privacy rights of others and shall not collect, store, or use any personal information of Nordlean LTD or other Users without proper authorization.
The User acknowledges that any violation of these prohibited activities may result in immediate termination of the services, and Nordlean LTD reserves the right to take appropriate legal action, including but not limited to reporting such activities to the relevant authorities. Nordlean LTD shall cooperate fully with law enforcement agencies in investigating and prosecuting any illegal activities conducted by the User in connection with the use of its services.
11. Refunds and Returns
Refunds may be denied at our sole discretion without prior notice or liability to the User. Each refund request will be evaluated on an individual basis. In the event that the Client requests a refund within the initial month of service, all materials created during the provision of the service shall remain the exclusive property of Nordlean LTD and are strictly prohibited from being utilized by the User in any manner. Nordlean LTD retains the right to pursue necessary legal measures against the User for any violation of this provision.
12. Brief
The User acknowledges and agrees that any questions, comments, suggestions, or other feedback or briefs provided to Nordlean LTD (“Brief”) shall become the exclusive property of Nordlean LTD. Nordlean LTD has no obligation to maintain the confidentiality of any Brief or take measures to ensure its confidentiality. Nordlean LTD shall have the sole and complete ownership of all rights related to the Brief, except to the extent that rights are specifically granted to the Client under Paragraph 6 (“Intellectual Property”).
Nordlean LTD retains the unrestricted discretion to use and disclose the Brief for any lawful purpose, without seeking permission, providing acknowledgment, or offering compensation to the User. The User acknowledges that they have the right to express and present the Brief and hereby releases any claims or recourse against Nordlean LTD for its use of the Brief in accordance with the terms stated herein, as well as any future use at the sole discretion of Nordlean LTD.
13. Non Disclosure Agreements
Upon request by the User, Nordlean LTD may, at its sole discretion, enter into a separate Non-Disclosure Agreement (“NDA”) to protect the confidentiality of certain information shared by the User. The NDA will outline the terms and conditions governing the non-disclosure and safeguarding of confidential information and shall prevail over any conflicting provisions in these terms and conditions. Nordlean LTD reserves the right to review and approve any proposed NDA before entering into such an agreement. The User acknowledges that the decision to enter into an NDA rests solely with Nordlean LTD, and Nordlean LTD may choose not to enter into an NDA without providing any reason or incurring any liability. Any NDA entered into between Nordlean LTD and the User shall be binding and enforceable between the parties in accordance with its terms.
14. Limitations of Liability
To the fullest extent permitted by law, Nordlean LTD and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Service, including but not limited to the use or inability to use the Service, any content obtained from or through the Service, or any interactions with designers or other Users.
15. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause. Upon termination, your right to use the Service will immediately cease, and you will lose access to any design deliverables or other information associated with your account.
16. Modifications to the Terms
We may modify these Terms from time to time at its sole discretion. Any changes to the Terms will be effective upon posting the revised Terms on our website. Your continued use of the Service after the posting of any modifications constitutes your acceptance of the revised Terms.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in England.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Nordlean LTD regarding the Service and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
If you have any questions or concerns regarding these Terms, please contact us at hello@nordlean.com