Last updated 2/8/24
Terms & Conditions for Team Lucin On Deck
Welcome to Team Lucin On Deck. These Terms and Conditions ("Terms") govern your access to and use of our marketing services designed specifically for nonprofits. By engaging with our services, you agree to be bound by these Terms, which establish a contractual relationship between you (the "Client") and Team Lucin On Deck (the "Provider"). If you do not agree to these Terms, you may not access or use our services.
2. Service Description
Team Lucin On Deck offers marketing and creative services tailored to the specific needs of nonprofit organizations. This includes, but is not limited to, branding, digital marketing, content creation, strategy consulting, design, website development on the Wix platform, video editing, video shooting, and animation. Services are customized based on the Client's unique needs and objectives, with the goal of maximizing impact within the specified budgetary constraints.
3. Service Delivery and Timelines
Team Lucin On Deck is committed to providing timely and efficient service for all our projects. Below are the average delivery times for various services, which serve as a guideline to help set client expectations:
Design and Web Work: The average delivery time for new design and web development tasks is typically 48 hours from the time of request, Monday through Friday. This timeline applies to initial drafts and does not include time for client review or revisions.
Revisions: Revision requests for design and web work are typically completed by the next business day. We strive to accommodate client feedback and make necessary adjustments promptly.
Video & Animation: For video editing and animation projects, the average delivery time is typically 72 hours from the time of request, Monday through Friday, and also depends on the complexity of the task. This allows our team to ensure the highest quality and attention to detail for your video content.
Project Management System: All tasks and projects are managed through our project management system, ClickUp. Clients will have access to ClickUp to track the progress of their tasks and communicate directly with our team for updates and feedback.
Please note, these are average timelines and may vary depending on the complexity of the project, client responsiveness, and current workload. Team Lucin On Deck will communicate any deviations from these timelines as early as possible and work diligently to meet your project needs within a reasonable timeframe.
4. Payment Terms
Subscription and Fees
Clients subscribe to our services through an automated subscription model facilitated by Stripe. The subscription starts immediately upon purchase, with fees based on the selected service package.
Payments are processed automatically via Stripe. Clients must maintain a valid payment method on file for continuous service provision.
Billing Cycle and Subscription Management
Billing cycles are based on a 31-day period, starting from the subscription date. If a Client pauses their subscription, the remaining days are banked for future use. Service provision stops immediately upon subscription pause or cancellation, with banked days remaining available for future activation.
No Late Fees
There are no late fees due to the automated payment system. Services may be paused if payment fails, until the issue is resolved.
Refunds are generally not provided. Clients facing issues with services are encouraged to contact us for resolution discussions.
5. Intellectual Property Rights
Ownership of Creative Work
Upon receipt of payment through the subscription model, the Client is granted the intellectual property rights for all creative work produced by Team Lucin On Deck as part of the service package. This transfer of rights is predicated on the understanding that the Client is paying in advance for the services rendered, thereby securing ownership of the resulting creative works from the outset of the subscription period.
Use of Work
The Client has the right to use, reproduce, and display the creative work produced by Team Lucin On Deck in any manner they deem fit, without restriction, subject to any specific terms or limitations agreed upon at the start of the service subscription.
Credit and Promotion
While the Client assumes ownership of the creative work, Team Lucin On Deck reserves the right, unless otherwise negotiated, to display the work and refer to the Client relationship in its portfolio and marketing materials as an example of its services. Such use is intended for promotional purposes and will respect any confidentiality agreements in place.
Both parties agree to protect confidential information and use it only as permitted under these Terms.
Protection of Information
Both parties commit to maintaining the confidentiality of all proprietary and sensitive information exchanged during the course of their business relationship. Confidential information includes, but is not limited to, business strategies, customer details, technical data, marketing plans, project materials, and any other information not publicly available.
Purpose of Use
Confidential information shared under this agreement shall be used exclusively for the purpose of delivering and receiving the agreed-upon services. No confidential information may be disclosed to third parties or used for any other purpose without written consent from the disclosing party.
The confidentiality obligations set forth herein shall remain in effect for the duration of the service agreement and shall continue indefinitely after its termination, regarding the use and disclosure of confidential information.
This confidentiality obligation does not apply to information that: (a) becomes publicly known through no fault of the receiving party; (b) is already in the receiving party's possession prior to disclosure by the other party; (c) is independently developed by the receiving party without use of the confidential information; or (d) the receiving party is required by law to disclose.
Remedies for Breach
A breach of this confidentiality agreement may result in immediate termination of the service agreement and may subject the breaching party to legal action, seeking injunctive relief, damages, and recovery of legal expenses.
7. Limitation of Liability
Disclaimer of Warranties
Services are provided "as is," with all warranties disclaimed to the fullest extent permitted by law.
Limitation on Claims
Claims against the Provider must be made within one year of service completion, with liability limited to the service fee.
8. Termination of Services
Client Initiated Termination
Clients may terminate their subscription to our services at any time by canceling their subscription through the provided platform or by contacting our support team directly. Upon cancellation, the client will not be billed for the subsequent month, and services will cease immediately without further obligation from the client to continue payment.
Provider Initiated Termination
Team Lucin On Deck reserves the right to terminate the provision of services to any client for reasons including, but not limited to, breach of these Terms, illegal activities, or non-compliance with our service policies. In such cases, clients will be notified of the termination, and services will cease immediately.
Upon termination, clients will retain access to any deliverables provided up to the point of service cessation. Any prepaid days remaining at the time of subscription cancellation will be considered fulfilled, and no refunds will be issued for the unused portion of the service period.
Clients wishing to reactivate their subscription after cancellation may do so at any time subject to the then-current Terms and pricing. Reactivation will initiate a new billing cycle and service provision under the Terms effective at the time of reactivation.
9. Dispute Resolution
These Terms and any action related thereto shall be governed by and construed in accordance with the federal laws of the United States and the state laws of New York, without regard to or application of any choice-of-law or conflict-of-laws principles. By agreeing to these Terms, both parties consent to the exclusive jurisdiction and venue in the state and federal courts located in New York, New York, for any and all disputes arising out of or related to these Terms or the services provided by Team Lucin On Deck.
In the event of a dispute, the parties agree to first attempt to resolve the disagreement through good faith negotiation. If negotiation is unsuccessful, the parties agree to then attempt mediation in New York, New York, with a mutually agreed-upon mediator. Should mediation fail to resolve the dispute, the parties agree that the dispute will be resolved by arbitration in New York, New York, in accordance with the rules of the American Arbitration Association.
By agreeing to these Terms, both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.
10. Amendments to the Terms & Conditions
The Provider may amend these Terms, effective upon updated posting on the website. Continued service use after changes constitutes agreement to the new Terms.
11. Contact Information
For questions or concerns about these Terms, please contact us at: firstname.lastname@example.org.