Terms of Service for Bamsthetics
THIS TERMS OF SERVICE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Bamsthetics and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Bamsthetic’s website: https://bamsthetics.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Bamsthetics shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Bamsthetics for services rendered shall remain and continue to be an ongoing obligation owed by Client to Bamsthetics.
1. Service Fee Commitment:
At Bamsthetics, we understand that financial flexibility is important. That’s why we offer two payment models to suit your needs:
- Contract Model: Upon signing a service contract, clients are required to commit to an upfront payment of at least 40% of the total service fee. The remaining balance can be split into two installments according to the specific terms outlined in your contract.
- Subscription Model: For clients who prefer a more predictable payment structure, we offer a subscription model. Please view our subscription tiers here.
2. Service Agreement:
Clients who prefer the contract payment model must sign a comprehensive service agreement that clearly outlines the scope of work, deliverables, payment terms, and other relevant conditions. This agreement serves as a legally binding contract between Bamsthetics and the client, ensuring transparency and a shared understanding of the services provided.
3. Payment Terms:
Payments for services provided by Bamsthetics on contract basis must follow the agreed-upon schedule as detailed in the service agreement. Failure to adhere to the payment schedule may result in additional charges or consequences as stipulated in the contract.
4. Refund Policy:
At Bamsthetics, we strive to provide our clients with exceptional service and value. This refund policy outlines the circumstances under which a refund may be granted for our subscription services.
Full Refunds:
- First-time cancellation within 3 days: If you cancel your subscription within three (3) days of signing up for the first time, you will receive a full refund. This allows you to explore our services without risk.
- Accidental signup: If you can demonstrate that you signed up for a subscription unintentionally (e.g., mistaken click), we will issue a full refund upon request.
No Refunds:
- Cancellation after the initial 3 days (or for yearly subscriptions): Unfortunately, we cannot offer refunds for cancellations after the initial three (3) days window (or for yearly subscriptions) due to the ongoing nature of our service delivery.
- Service usage: Refunds will not be granted for cancellations based on usage of our services, that is – Subscriptions are non-refundable after you’ve begun using our services.
Requesting a Refund:
To request a refund, please contact our customer support contact@bamsthetics.com or by phone at +234 8072029488. Be sure to include your name, the email address associated with your account, and the reason for your request.
5. Intellectual Property Rights:
Bamsthetics retains all ownership rights to our intellectual property, including but not limited to design concepts, prototypes, and final deliverables, unless otherwise agreed upon in writing.
The Client owns all intellectual property rights to the materials they provide for the project.
The Service Agreement may specify a transfer of ownership rights for specific deliverables.
Unless otherwise indicated, the Website is the property of Bamsthetics and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Bamsthetics and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Nigeria, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only.
Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Bamsthetic’s express prior written permission. Bamsthetics reserves all rights in the Website, Content and Marks.
6. Ownership Of Materials:
Notwithstanding Bamsthetic’s ownership of Submissions, as described in Number 6, all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Bamsthetics to become the owner of a Project, in whole or in part, rather than Client, Bamsthetics irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.
Client warrants that any and all materials provided to Bamsthetics as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Bamsthetics always reserves the right to share the Client’s design work publicy (social media, website, etc.) unless otherwise agreed upon as stated in Number 7 of this document.
7. Showcasing Design Work:
Bamsthetics reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Bamsthetics, which in turn would void the right of Bamsthetics to share or discuss Client’s work publicly.
8. Termination of Services:
Both parties retain the right to terminate services as per the terms set out in the service contract. Any fees owed or services rendered up to the date of termination must be paid in full.
9. User Representations:
By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.
10. Liability:
Bamsthetics and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, Bamsthetics and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Bamsthetics reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Bamsthetics hereunder. Client agrees to cooperate with the defense of such claims.
11. Confidentiality:
Bamsthetics and the client mutually commit to maintaining strict confidentiality concerning any sensitive information shared during the provision of services.
12. Modification of Terms:
Bamsthetics reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Bamsthetics reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
13. Contact Information:
For any questions or complaints regarding the Website, please contact Bamsthetics at: contact@bamsthetics.com
Bamsthetics
Services
UI/UX Design
Logo & Branding
Graphic Design
Brochure or Slide Deck
Illustration
3D Design/ Modelling
Web & Software Development
