Terms and conditions
TERMS AND CONDITIONS
This section represents what will hereafter be referred to generically as the “Terms and Conditions” or “Terms“, i.e. the rules which set out the way in which the undersigned, as Seller, and the recipient of these Terms, the Customer, who decides in good faith to purchase a good or service from us, will work together.
The potential Customer is obliged to inform himself/herself of the contents of these Terms, and the Order will be successfully placed only by expressly accepting (by ticking the acceptance) them.
1.1 The Company
Creative Agency LLC
Las Vegas Nevada 89147
4730 S. FORT APACHE RD SUITE 300
In addition to the name inserted above, which is the legal identification of the company, the company may also be identified by other names herein, “Organization“, “Seller“, “Company“.
1.2 The Client
The Customer/The Client is a person interested in the Seller’s products, accessing the Website representing the manifestation of this desire. When the prospective Customer uses the Company’s website, it becomes a User.
By placing an order, the User becomes a Customer, thereby entering into a contractual relationship with the Company by means of a contract concluded at a distance by electronic means.
The reading of this Section (either via the website) is mandatory as these Terms and Conditions represent the contract to be concluded.
(1) The following capitalized terms shall have the meanings set forth below unless otherwise expressly provided:
“Seller” or “Provider” means E CREATIVE AGENCY LLC, a limited liability company as identified in Section 1.1
“Products” means any goods (products) or services that are offered to the Customer for purchase, against payment, through the Platform.
“Customer” means the natural or legal person who accesses the Platform and places an order for the purchase of products offered for sale by the Seller.
“Contract” means the consensual remote agreement between the Seller and the Customer, without their simultaneous physical presence, regarding the sale, respectively purchase, of one or more Products on the Platform, through the placing of an Order by the Customer and its acceptance by the Seller, in compliance with the legal provisions and the terms and conditions for the online sale of the Seller’s services and products.
“Platform” means the website/websites owned or used by the Seller, including pages and profiles on social networks, having the domain ___, and its subdomains or affiliated websites and, if applicable, their subdomains and using the Seller’s logos, through which the Seller presents the Products offered for sale and Customers can choose the Products they wish to purchase, respectively pay for them in one of the payment methods accepted by the Seller.
“Products” means the digital documents available on the Platform, which can be purchased by the Customer, which are informative on how a person can perform specific OnlyFans activities.
“Specifications” means any details of the characteristics of the Products as specified in the description available on the Platform.
“Transaction” means the payment operation carried out by the Customer, respectively the collection by the Seller, of a sum of money as a result of the sale by the Seller, respectively the purchase by the Customer, of one or more Products.
(2) This document sets out the terms and conditions applicable to the relationship between the Seller and each Customer using the Platform for, on the occasion of or after placing an Order.
(3) Headings are included in this document for ease of reading and structuring of the document and shall not affect its interpretation.
(4) For the avoidance of doubt, in accordance with the business policy established independently and unilaterally by the Seller, the sale online (i.e. via the Platform) of the Products normally marketed by the Seller shall be made to consumers who are natural persons or to legal entities. If certain Products are limited to a certain category of Customers only, this shall be specified in the Specifications or in another visible place next to the Product.
(7) We reserve the right to amend the Terms and Conditions at any time, and the updated form of the Terms and Conditions will be accessible by Customers on the Platform in the “Terms and Conditions” section. The relationship between the Seller and the User/Customer shall be governed by the form at the time of accessing the Platform or placing the Order.
- PLATFORM USAGE POLICY. MAIN FEATURES OF ONLINE SELLING BY THE SELLER.
(1) Access to the Platform for the purpose of placing an Order is permitted to any potential Customer acting with a legitimate purpose and intending to purchase one or more Products from us, subject to these terms and conditions.
(2) By Customer we mean a legal or natural person who is at least 18 years old.
(3) Misuse of the Platform is strictly prohibited. Misuse is any use of the Platform in a way that is contrary to fair business practice, applicable law or in any other way that would be detrimental to the Company in any way.
(4) The Company reserves the right to refuse access to part or all of the Platform’s functions and to restrict the processing and/or delivery of an Order if, in the Company’s reasonable opinion, there is suspicion of fraud on the part of the prospective Customer, or if the prospective Customer’s conduct may harm our interests.
(5) By using the Platform and, where applicable, registering an Order, the form of remote communication through which the transactions are carried out is accepted.
(6) All information used for the description of the Products (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on the Company, as it is for presentation and information purposes only. The Company shall use all reasonable endeavours to ensure the accuracy of the pricing information, Products and their Specifications presented on the Platform.
(7) Products that are sold as part of a promotion or campaign of any kind shall also be subject to the terms and conditions applicable to such campaign or promotion, which we will bring to your attention.
(8) Any promotions presented on the Platform are valid for the duration mentioned. Where no duration is indicated for the running of promotions, they will be valid within the limits of available stocks/places or for such duration as the Company deems appropriate to achieve our objectives.
(9) The Order is accepted and the Contract is deemed to be concluded between the Company and the Customer when the Customer receives a notification of dispatch (by phone call/SMS/e-mail/push notification or otherwise) of the Products in the Order.
(10) It should be noted that the Contract forms part of this document (together with all other documents referred to), as well as any subsequent agreements between the Company and the Customer in relation to the Order, regardless of the manner in which they are made.
(11) The Company may generally be contacted at the email address in the “Contact” section of the Platform for any queries or issues in relation to the Order, including to identify and correct any errors that occur during data entry.
(12) For communication purposes, only official channels of such nature that we indicate (i.e. e-mail) will be considered when the Company processes a request.
3.1 General aspects
(1) An Order may be placed by one of the methods indicated on the Platform, i.e. by adding a product to the basket and completing the necessary steps to complete the payment. At this time the Company does not accept Orders placed via social networks, by telephone or by email.
(2) An Order, consisting of one or more Products, via the Platform, with prior registration of an account, may be placed by adding the desired Products to the shopping cart.
(3) The addition of a Product to the shopping cart, without the completion of the Order, does not result in the registration of an Order, nor in the automatic reservation of the Product added to the shopping cart but not paid for.
(4) The Order shall be considered completed upon full payment by the Customer of the price of the Product(s) in the Order, through one of the payment methods accepted by us as expressly indicated on the Platform and which you can consult at the latest at the beginning of the Order process.
(5) By completing the Order, the Customer confirms that all data provided is correct, complete and true at the time of placing the Order. By placing an Order, it is explicitly acknowledged that such Order implies a firm obligation to pay the total payment amount indicated.
(6) By completing the Order, the Customer agrees that he/she may be contacted, by any available means, i.e. automated calling system without human intervention, fax, e-mail, in any situation where it is necessary to contact the Customer for the completion and processing of the Order. Failure by the Customer to respond to the Company’s requests via any of the communication methods made available through the Platform may result in the Order being invalidated.
- PRICES. BILLING. PAYMENT
4.1 General aspects
(1) The prices of the Products displayed on the Platform or communicated to the Customer are expressed in Dollars and may or may not include VAT according to the legislation in force, as displayed on the Platform. The valid prices for Products are those displayed on the Platform or communicated to the Customer at the time of the completion of an Order.
(2) The Company may at any time update the prices of the Products, and such update shall replace prices previously displayed for such Products.
(3) An invoice shall be issued for the Products purchased, and the Customer shall be obliged to provide all information required under applicable law for the Company to issue the invoice, requesting, in this regard, that care be taken when entering data.
(4) In the case of online payments, the Company shall not be held liable for any additional costs incurred by the Customer in addition to the price of the Product purchased, but not limited to, bank transfer or currency conversion fees applied by the bank issuing the Customer’s card, if the currency in which the card is issued differs from the currency in which the sale is made.
4.2 Specific aspects
(1) The prices displayed on the Platform at the time of placing the Order are valid only at the time of placing the Order. It is possible that for full payment of the Products the Customer may benefit from certain discounts, rebates or promotional offers.
(2) It is possible that in certain situations, according to the Company’s marketing strategy and commercial intentions, the Prices may be modified in order to reduce them for certain Products.
- DELIVERY OF PRODUCTS AND PROVISION OF SERVICES
5.1 Delivery of Products
(1) Depending on the specificity of the Products, the delivery of the Products will be made either in electronic format (when we are talking about digital products/services or confirmations of participation in an event) or in physical format, at an address communicated by the Customer at the time of placing the Order.
(2) Delivery of the Products will be made for a fee or free of charge, depending on the conditions applicable to the Order, which will be communicated to the Customer before the Order is completed.
(3) In the case of digital and electronic products, delivery of the Products will be made in electronic format, by providing a code, download link or other method that we make available and that we will communicate to you by e-mail. Delivery will be made after full payment for the Products.
(4) The Company reserves the right to delay or cancel any delivery of ordered Products if it cannot be honoured for reasons beyond its control, which include but are not limited to: force majeure events, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, epidemics, pandemics, strikes, etc.
5.2 Provision of services
(1) In the case of the provision of the Services, such as the Online Video Consultancy Services, the Customer is solely responsible for the information and its quality that it provides.
(2) The Company cannot be held liable for any kind of damage, direct or indirect, resulting from the Customer’s failure to provide factual, timely or erroneous data.
6.1 Warranty for electronic/electronic access products
(1) In the case of electronic/digital products which require immediate access, the Customer agrees that he does not benefit from a legal warranty.
(2) Considering that the Customer will be in possession of the purchased Product after placing an Order, the right of withdrawal cannot operate, so that the return of the sums already paid following the transaction cannot take place.
(3) Our Products are: (a) electronic documents; (b) services, for which the express agreement is given that no refund of the paid sums shall be made, the delivery of the Product being deemed to be made with full performance at the time of payment in exchange for access for item (a) and at the time of performance of the services in the case of item (b).
- INTELLECTUAL PROPERTY
(1) The trade names, trade marks, copyrights and any other registered or pending intellectual property rights relating to the Products owned or used by the Company are and shall remain the exclusive property of the Seller or as the case may be, the Customer shall have no right or claim in respect thereof.
(2) The Customer shall not act in any way that would prejudice the rights set out in clause 7 (1) above. The Customer undertakes not to use in its business any sign or name similar or identical to the trademarks, trade names of the Products, etc., either as part of a name or in any other way.
(3) All information available on the Platform (including, but not limited to, static or dynamic images, text, logos, symbols, commercial representations, videos, etc.) that can be viewed or accessed in any way by using electronic equipment, the content of e-mails sent to the Customer by the Seller, any information communicated to the Customer (including, but not limited to, data relating to the Seller, its activity, etc. ) by any means whatsoever by a representative of the Seller shall be and remain the exclusive property of the Seller, to whom all rights obtained in this respect, directly or indirectly, are reserved.
- LIABILITY OF THE COMPANY
(1) The Company shall not be liable for the accuracy of the information submitted by the Client, who shall be solely responsible for the data submitted.
(2) The Company’s obligation to the Client is one of diligence, not of result, which means that every effort will be made to achieve the Client’s objectives, but there is no guarantee that certain results displayed on the Platform, previously achieved by other Clients, will be achieved.
(3) The Packages offered are designed as useful tools to assist Clients in the implementation of certain processes within their own organisations, in order to make the best decisions to protect their interests. The Packages do not and cannot represent guarantees as to the achievement of any particular result, and the Company shall not be liable for any damage suffered by Customers as a result of the implementation of such resources or information in the Packages.
(4) The online video consultations are not a guarantee that any particular course of action is warranted, nor can they replace the Customer’s decisions in relation to its own business, and the Company shall not be held liable for any damages, direct or indirect, suffered as a result of the implementation of these resources or information.
(5) The products to be purchased by the Customer are not of an educational nature, as the Company has no educational powers, which are documents of an informative nature, for the use of which the Customer is solely responsible.
(6) By accepting the Terms and Conditions, the Customer assumes that by purchasing the Products offered for sale through the Platform by the Company, the result is not guaranteed, as it depends on a multitude of factors that are third to the contractual relationship between the Customer and the Company.
- LIMITATIONS AND EXCLUSIONS
(1) The Company makes no guarantee that any specific certifications or skills will be granted as a result of the purchase of products/services made available through the Platform, and also disclaims any financial or monetary outcome or benefit.
(2) The Company’s decisions regarding the Platform are final and the same policy shall apply with respect to the Products marketed, and the Company shall not be liable for the actions or inactions of any third party service providers, including uses in connection with the delivery of the Platform, programs, courses and distribution of documentation.
(3) The Company shall not be liable to the Customer for any: (a) loss of profit or benefit, direct or indirect; (b) loss of chance or opportunity; (c) loss of data; or (d) any direct or consequential loss which may be incurred by the Customer.
(4) If material or information delivered in the form of digital content of any kind affects a device or digital content belonging to the Customer, and the Customer does not have the necessary appropriate security measures in place, the Company shall not be liable in any way.
(5) The Customer is responsible for any other applicable additional costs, including mobile costs, such as mobile internet costs or internet costs at the location where you access the Platform or other related costs.
(6) Products purchased from the Platform by the Customer do not guarantee any financial, commercial or any other kind of result, and by simply purchasing it the Company cannot be held liable for the future performance of any kind of the Customer’s business.
(7) The Company cannot be held liable for reasons relating to the financial and/or commercial performance of the Customer subsequent to the purchase of the Products/services made available through the Platform, the Customer being the only one able to decide how he/she chooses to use the information made available by the Company through the Products sold.
- CUSTOMER’S LIABILITY
(1) The Products delivered as a result of the completion of an Order are for the exclusive use of the Customer, and there is an express prohibition assumed as such by the Customer on the distribution, copying or transmission in any form of the Products to a third party.
(2) The Company reserves the right to claim and obtain moral and material damages as a result of the Customer’s actions in contravention hereof.
(3) The Customer shall be solely responsible for the way in which he chooses to use the information made available by the Company through the Products sold, and the Company shall not be held liable in any way whatsoever, in accordance with the provisions of Article 8 of these Terms and Conditions.
- COMPLAINTS AND ENQUIRIES
(1) The Company may be contacted via the means of communication in the “Contact” section of the Platform for any queries or problems in relation to the Products, including to identify and correct any errors that occur during data entry.
(2) Complaints thus received will be resolved by the Company within 30 (thirty) calendar days of receipt.
(3) The Company shall not be obliged to respond to requests for information and advice received via the Platform without payment of the consideration for the Products and Services in question.
- FORCE MAJEURE
(1) Neither the Company nor the Customer shall be liable for non-performance of contractual obligations if such non-performance in due time and/or properly, in whole or in part, is due to an event of force majeure.
(2) If within 15 (fifteen) days from the date of the occurrence of the event of force majeure, such event does not cease, either of the Company and the Customer shall be entitled to notify the other party of the termination of the Contract as of right without either party being entitled to claim damages from the other party.
- APPLICABLE LAW AND DISPUTE RESOLUTION
(1) This document is a legal contract concluded at a distance, accepted by simply ticking it (acceptance of terms and conditions) and is subject to Nevada law.
(2) The Company and the Customer undertake to resolve amicably any disputes or disagreements that may arise from the execution of the Contract. To the extent that amicable settlement of the dispute thus arising is not possible, the dispute shall be submitted to the Romanian courts having jurisdiction under the law.
- MISCELLANEOUS CLAUSE
(1) We are not responsible for accessing links you may identify on the Platform.
(2) We do not guarantee that the Company’s Platform is free of bugs or viruses, the Customer being solely responsible for securing its technological environment.
(3) The Company shall not be liable for any temporary, partial or total interruptions of the Platform, and this shall not entitle the Customer to compensation.
- AMENDMENTS TO THIS DOCUMENT
(1) The Company alone decides on the content of the Terms and Conditions expressed herein, and it is possible that this document may be amended from time to time.