Terms of Service.

Effective June 2013 Last Updated February 1st 2016

 

General Terms

Welcome to Nephew. The services on this site are offered to you by STRATTA CREATIVE INC., parent company of Nephew. For the rest of this text, Nephew will be used, but it is understood that Nephew is owned by STRATTA CREATIVE INC. The terms "we", "our", and "us" in this Terms of Use statement refer to Nephew and its affiliates.  If you visit or shop at wearenephew.com you accept and agree to abide by these conditions. Please read them carefully. When you use any current or future Nephew service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order, if you have any queries relating to these terms and conditions, please email us at hello@wearenephew.com

BY USING THE WE ARE NEPHEW SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE WE ARE NEPHEW SITE.

SCOPE OF WORK

Design Features

  • All Nephew website setups are to be built within the limitations of what your Squarespace template offers (Squarespace provided fonts, layouts, social integration). In other words, custom coded design features and interactive functionality such as outside app integration is not included as it is not built into the standard Squarespace templates.

Domain

  • Your domain must be with a squarespace-supported provider.

Schedule

  • All Nephew website setup packages are scheduled to begin on Mondays and complete on the Friday of the same week. Your Nephew requires 24hrs to contact you and schedule your project on the available Monday following purchase. Your Nephew will send out a Project Prep Package to submit all content (pictures, copy, logins) which is required before project start date (the Monday on which your project is scheduled to start). Failure to provide content on time (projected Monday start date of project) will result in push back of project start date to the following Monday or the use of stock imagery and lorem ipsum.

Pages

  • As outlined in our process our 5 page websites OR a long-scroll page of 5 banners include customized fonts, colours and design. Each page shall have no more than 2 content banners. No major revisions requests to layout will be honoured. If 1 of the 5 pages is a product page, a maximum of 4 products will be built on product page. A long-scroll homepage includes a maximum of 5 banners.

Scope

  • Designers are not required to set up your content beyond the scope of work and timeline of your project package. For custom website builds, please visit: pb+j

ELECTRONIC COMMUNICATIONS

When you visit wearenephew.com or send an e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Nephew site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By entering into any contract or agreement with Nephew (a division of Stratta Creative Inc.) for products and/or services to be provided by Nephew, including, without limitation, ordering any products or services through the Nephew website, you hereby agree to abide by, comply with, and be legally bound by the policies, terms, and conditions hereinafter set forth (these “Terms and Conditions”).

For the purpose of these Terms and Conditions, references to the products and/or services provided by Nephew shall include, without limitation, logos, designs, graphics or similar materials or information, website design, and other design and marketing services or other coding services, and any and all future product or service offerings of Nephew.

Nephew proudly uses the SquareSpace system for our website Content Management Systems (CMS) and eCommerce platform. We use Stripe as our payment provider, processor, and gateway. These providers were chosen for their quality, consumer usability and ease of use, security, and streamlined service offerings. Your interactions with and use of these services and features are governed by the individual Privacy Policies and Terms of Service of each provider.

-- Squarespace Terms of Service and Privacy Policy

-- Stripe Terms of Service and Privacy Policy

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Nephew. These Terms and Conditions are hereby incorporated by reference into your Product Purchase. 

Nephew reserves the right to modify, amend, update, and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Nephew shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance, or other change to these Terms and Conditions.

If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part for any reason, the remainder of the Terms and Conditions shall remain valid and enforceable.

All headings in this agreement are for convenience only and shall not affect the meaning of any provision hereof.

 

Payment

All prices in USD unless otherwise noted. All fees are subject to change should any unforeseen issues arise.

All services/packages/products: 100% upfront required to start. Payment may be made by Master Card, Visa, AMEX, or Electronic Money Transfer (EMT).

By purchasing products and/or services from Nephew (a division of Stratta Creative Inc.) you hereby agree to abide by, comply with, and be legally bound by the policies, terms, and conditions set forth (these “Terms and Conditions”). If you do not agree to these terms, please notify hello@wearenephew.com within 24 hours of your purchase for a full refund. No refunds will be issued after 24 hours of purchase.

-- ALL FEES SUBJECT TO APPLICABLE TAXES --

 

Refunds/Cancellation Policy

No refunds will be given after 24 hours of a project booking or payment being received. Nephew will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you will be refunded an amount, less applicable termination and service fees. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

 

TERMS OF SERVICE

Our Obligations

After you have submitted all Website Content to us, provided you do not request additional changes, modifications, customized designs or similar work (“Custom Modifications”), we will create you a website (“Created Website”) with up to five (5) pages of populated content that meets the requirements provided by you to us (“Website Specification”).

Nephew  reserves the right to refuse Service if any of the Website Content, or links from your website, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. Nephew does not have a duty and does not generally screen or edit content or links originating from your website, but we reserve the right to monitor or to remove, without notice, any content or links which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

As outlined on the individual product purchasing pages of our website, you will receive the products, services, and details described (“Scope of Work”).

Your Obligations

“Client Survey” means all the information we need to assess and interpret the needs and expectations of your project. “Website Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), trademarks, trade names, trade styles, logos and other intellectual property in any medium, provided by you to us. “Website Design” means the website design layout or template selected by you.

You agree to deliver the Client Survey and Website Content following the date you sign up for the Services (“Website Content Delivery Period”). At the time that your Website Content and Client Survey have been submitted, your project will start. Until the time that your Client Survey is received, the project will remain halted and all work will cease until which time the Client Survey has been provided to us by you. The Services will not be considered complete and the Created Website will not be made live until the Website Content has been submitted. Nephew will facilitate the initial Website Content population of up to five (5) pages; you will be responsible for any further Website Content population.

Following the date that the Created Website is delivered to you (“Live”), you will be solely responsible for all revisions and alterations to the Created Website. If you request Custom Modifications or revisions after the Created Website is live, we will complete these requests for you at a time designated by us and at a cost per hour as indicated on wearenephew.com.  

You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified in the Website Specification. You are responsible for the Website Content, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies for content created by us for inclusion on the Created Website. You will review and approve such content created by us at your direction and on your behalf. You agree not to store, link to, transmit, advertise or make available any Website Content that is illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NEPHEW ENTITIES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US AND ANY WE ARE NEPHEW ENTITIES, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If you require support from us at any time, please contact your Nephew Representative.

 

Termination

You acknowledge and agree that upon termination of your Website Services, Nephew will not be responsible for any errors, loss of information or any other mishap that may occur, including but not limited to file compatibility.

You acknowledge that Nephew does not warrant uninterrupted or error free Service and that Nephew does not warrant the content, availability, accuracy or any other aspect of any information including, without limitation, the accuracy of spelling or grammar, all data, files, the Website Content and all other information or content in any form or of any type, accessible or made available to or by you or its end users through the use of the Service. Nephew shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Service.

 

Limitation of Liability

YOU AGREE THAT NEPHEW’s LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO NON-PERFORMANCE OF THE SERVICE SHALL BE: (I) REPAIR OR ADJUSTMENT OF THE SERVICE, OR (II) WHERE REPAIR OR ADJUSTMENT IS NOT PRACTICABLE, AN EQUITABLE CREDIT NOT TO EXCEED THE SERVICES PURCHASED FROM YOU FOR THE PORTION OF THE SERVICE WHICH WERE NON-PERFORMING.

 

Proprietary Rights

You grant to Nephew, for the term of this Agreement, a non-exclusive, worldwide, royalty-free license to use, reproduce and display the Created Website and all Website Content in connection with the provision of the Service.

 

Warranty

Nephew makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material that are communicated through, or posted to, the Service, whether by Members, Clients, Nephew or otherwise, nor does Nephew endorse any opinions expressed by any user of the Website, including any Member or Client. Without limiting the foregoing, Nephew makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Service Package or Response, communicated through the Service, or posted to the Website, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Nephew shall not be responsible for any use of photos that are not royalty free. It is the clients responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Nephew for the client. This includes websites, website templates, brochures, business cards, stationery, flyers, promotional items, etc..