NOVA Service Agreement
Last updated: 15 October 2024
This Service Agreement (“Agreement”) is made between NOVA, a division of Cureative (“NOVA,” “We,” “Us,” or “Our”), and the undersigned Client (“Client,” “You,” or “Your”) as of the Effective Date. This Agreement outlines the terms under which NOVA will provide design services to the Client. By entering this Agreement, the Client agrees to all terms herein.
1.
Scope of Services
1.1 Services Provided
NOVA will provide design services in accordance with the Client’s subscription plan. Services may include branding, web design, UI/UX design, marketing collateral, and other design work as requested by the Client through project briefs.
1.2 Credits System
NOVA operates on a credit-based system, with credits allocated according to the subscription level. Each project requires a specified number of credits based on its scope. The Client will be informed of the credit cost before each project begins.
2.
Subscription and Payment Terms
2.1 Subscription Term
The Client agrees to a minimum subscription term of 12 months. Credits are allocated monthly based on the subscription plan. The Client may upgrade or purchase additional credits as needed.
2.2 Rollover of Credits
Unused credits can roll over for up to 3 months. After this period, unused credits will expire.
2.3 Payment Terms
Payment is required according to the subscription plan, either monthly or annually. Non-payment may result in suspension of services.
2.4 Additional Costs
For custom services or additional work outside the subscription plan, NOVA will provide a separate quote, which may require additional credits or fees.
3.
Deliverables and Ownership
3.1 Client Ownership of Final Deliverables
Upon full payment, the Client owns the rights to the final deliverables provided by NOVA.
3.2 NOVA’s Ownership of Working Files
NOVA retains ownership of all working files and drafts used in creating the final deliverables. These materials will not be provided unless agreed upon in writing.
3.3 License to Use Final Deliverables
The Client is granted a non-exclusive, perpetual license to use the final deliverables for the intended purpose as outlined in the project brief. This license is contingent upon full payment.
3.4 Portfolio and Promotional Use
NOVA reserves the right to showcase completed work in Our portfolio, marketing materials, and case studies unless otherwise specified by the Client in writing.
4.
Client Responsibilities
4.1 Project Briefs
The Client is responsible for providing detailed project briefs for each task. Delays in project completion may occur if the project brief is incomplete or unclear.
4.2 Feedback and Approvals
The Client agrees to provide timely feedback and approvals. If feedback is not provided within 14 days, the project will be considered approved, and credits will be deducted.
5.
Revisions and Turnaround Times
5.1 Revisions
Each project includes a set number of revisions as agreed in the project scope. Additional revisions may require additional credits.
5.2 Turnaround Times
NOVA will deliver work based on the agreed timelines, depending on the scope of the project.
6.
Confidentiality and Intellectual Property
6.1 Confidentiality
NOVA will maintain the confidentiality of any proprietary or confidential information provided by the Client during the course of the project. This includes any business plans, branding guidelines, or marketing strategies shared by the Client.
6.2 Intellectual Property Compliance
The Client agrees that all materials provided to NOVA for use in the design work are owned or licensed by the Client and do not infringe on any third-party intellectual property rights.
7.
Termination
7.1 Termination by NOVA
NOVA reserves the right to terminate this Agreement if the Client breaches any terms or fails to make timely payments. In such cases, the Client will still be responsible for paying for Services rendered up to the termination date.
7.2 Termination by Client
The Client may terminate this Agreement before the end of the 12-month subscription term, but an early termination fee may apply. The Client must provide 30 days' written notice.
8.
Limitation of Liability
To the fullest extent permissible by law, NOVA and its affiliates will not be liable for any indirect, incidental, or consequential damages arising from this Agreement or the Services provided. NOVA’s total liability for any claim shall not exceed the amount paid by the Client in the six months preceding the claim.
9.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the jurisdiction where NOVA operates. Any disputes will be resolved through binding arbitration in NOVA’s jurisdiction.
10.
Miscellaneous
10.1 Entire Agreement
This Agreement, along with any Service Agreements, represents the entire agreement between the Client and NOVA and supersedes any prior agreements.
10.2 Amendments
This Agreement may be modified only by a written agreement signed by both parties.
10.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
For questions, please contact us at hello@cureative.studio.
Terms and Conditions
Last updated: 15 October 2024
These Terms and Conditions (“Terms”) govern the use of services and platforms provided by NOVA, a division of Cureative (“NOVA,” “We,” “Us,” or “Our”), through www.cureative.studio/nova and other related websites, applications, or platforms operated by NOVA that link to these Terms (collectively, “Websites”). By using Our Websites and services, you agree to these Terms. If you do not agree, you may not access or use the Websites or services.
These Terms may be supplemented by additional agreements specific to Our services, such as subscription agreements or design project agreements (“Service Agreements”). In case of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.
1.
Modification of Terms
We reserve the right to modify these Terms at any time. Any modifications will be effective immediately upon posting on the Websites. Continued use of our Websites or services after such modifications will constitute your acceptance of the revised Terms.
2.
Subscription Model & Services
2.1 Subscription Agreement
By subscribing to NOVA’s services, you commit to a minimum subscription term of 12 months. The subscription operates on a flexible credit system, allowing you to switch between subscription levels and roll over unused credits for up to 3 months.
2.2 Credits System
Credits are allocated based on your subscription plan. Each project or task deducts credits depending on its scope. Unused credits can roll over for up to 3 months. After this period, unused credits expire. You may purchase additional credits if needed or upgrade your subscription.
2.3 Deliverables & Services Provided
NOVA provides 16 core design services, including but not limited to branding, web design, UI/UX design, marketing collateral, and animations. Timelines for project delivery depend on the complexity and scope of each task. Exact timelines will be agreed upon when project briefs are submitted.
2.4 Account Suspension & Termination
NOVA reserves the right to suspend or terminate your account for non-payment, breach of these Terms, or other violations of the Service Agreement. Early cancellation by you, outside the agreed 12-month commitment, may result in an early termination fee as outlined in your Service Agreement.
3.
Ownership of Work & Intellectual Property
3.1 Client Ownership of Final Deliverables
Upon full payment and project completion, the Client will own the rights to the final deliverables, including the final designs provided by NOVA.
3.2 NOVA’s Ownership of Working Files
NOVA retains ownership of all working files, preliminary designs, and drafts used in creating the final deliverables. These materials will not be provided to the Client unless otherwise agreed in writing.
3.3 License to Use NOVA Materials
NOVA grants the Client a non-exclusive, non-transferable license to use the final deliverables for the intended purpose, as outlined in the project brief. You may not resell or redistribute these materials without written permission from NOVA.
3.4 Portfolio and Promotional Use
NOVA reserves the right to showcase final deliverables in Our portfolio, marketing materials, and case studies unless otherwise specified in writing by the Client.
4.
Payment & Pricing
4.1 Subscription Fees
Subscription fees are based on the level of credits and services selected. Payment is required according to the billing schedule outlined in the subscription plan, either monthly or annually. Failure to make timely payments may result in suspension or termination of services.
4.2 Refund Policy
All sales and subscription fees are final, and no refunds are offered unless specified in the Service Agreement. If NOVA is unable to deliver services as agreed due to extraordinary circumstances, We may offer credits or an extension of the subscription term.
4.3 Taxes
The Client is responsible for any taxes, duties, or levies related to the use of NOVA’s services. Prices listed do not include taxes unless otherwise stated.
5.
User Conduct Guidelines
By using NOVA’s Websites, you agree not to interfere with the operation of the Websites, upload harmful content, or infringe upon the intellectual property or privacy rights of others. You agree to provide accurate and up-to-date information when registering or providing feedback.
6.
Copyright & DMCA Policy
NOVA respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your content has been infringed upon, please notify NOVA’s DMCA agent at hello@cureative.studio.
7.
Disclaimer of Warranties
NOVA’s Websites and services are provided on an "as-is" basis. We do not guarantee that the Websites or services will be uninterrupted or error-free. NOVA disclaims all warranties, express or implied, regarding the accuracy, reliability, or results from using Our services.
8.
Limitation of Liability
To the fullest extent permissible by law, NOVA and its affiliates shall not be liable for indirect, incidental, or consequential damages arising out of or relating to the use of Our services. NOVA’s total liability for any claim shall not exceed the amount paid by you for services rendered in the six months preceding the claim.
9.
Indemnification
You agree to indemnify and hold harmless NOVA and its affiliates from any claims, losses, or damages arising out of your use of NOVA’s Websites or services, including violations of these Terms or any Service Agreement.
10.
Termination
NOVA may terminate or restrict your account at any time if you breach these Terms. Sections relating to intellectual property, limitation of liability, and payment shall survive termination.
11.
Governing Law & Dispute Resolution
These Terms are governed by the laws of the jurisdiction where NOVA operates. Any disputes will be resolved through binding arbitration in NOVA’s jurisdiction.
12.
Miscellaneous
These Terms are governed by the laws of the jurisdiction where NOVA operates. Any disputes will be resolved through binding arbitration in NOVA’s jurisdiction.
For questions, please contact us at hello@cureative.studio.