Terms of use
Last updated:
June 25, 2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between ECTO DESIGN, Luka Gigović, s.p. (“Provider”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Ecto Design’s website and its services: https://www.ecto.design (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 Provider shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Provider for services rendered shall remain and continue to be an ongoing obligation owed by Client to Provider.
In the payment process, the buyer declares that they have read and accept these Terms of Use.
These General Terms are available to Client and other users at all times in a manner that allows their storage, reuse, and reproduction.
The content of the website www.ecto.design and all its versions is the property of Luka Gigović, s.p.
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 Provider shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Provider for services rendered shall remain and continue to be an ongoing obligation owed by Client to Provider.
Limitation of Liability
The Provider will make every effort to provide the most accurate and up-to-date information on its pages. However, users of the website are advised that the texts are for informational purposes only, and the Provider does not guarantee or assume any responsibility for the accuracy and completeness of the content. Client uses the published content at their own risk.
Neither Luka Gigović nor any other legal or natural person who participated in the creation and production of these websites is responsible for the occasional non-functioning of the site, for any inaccuracies in the information, or for any damage resulting from the use of inaccurate or incomplete information. Therefore, the Provider is not responsible for any damage or inconvenience arising from the existence of the websites, from access to and/or use of and/or inability to use the information on these websites and/or for any errors or omissions in their content, regardless of whether they have been advised of the possibility of such damage.
Since there are certain links on the website to other websites that are not connected to the Provider and over which the Provider has no control, the Provider cannot guarantee, nor accept or forward complaints regarding the accuracy of the content of any website for which it provides a link or reference, and does not assume any responsibility for the protection of data on these websites.
The Provider reserves the right to change, add, or remove any content on the website at any time, in any manner, in part or in whole, for any reason, and without prior notice. All users use all published content at their own risk.
You must ensure appropriate protection of your equipment (antivirus, etc.) before accessing and using the website. The buyer must ensure the appropriate security and confidentiality of the data used for logging into the website (email address, password).
Pricing and payment methods
A more detailed description of all offered services and products is published on the website www.ecto.design.
The provider’s prices are expressed in € and are final. They are subject to change without prior notice and are binding from the date the provider publishes the new prices.
Promotional offers (discounts) can be weekly or daily, they are formed depending on demand and availability.
The ordered services and products are paid according to the predetermined system with a credit card via the Stripe payment system.
Rejection of an Order
The Provider reserves the right to reject an order if it determines that the order cannot be fulfilled. The Provider also reserves the right to refuse an order for the production of material if:
If the client has already paid for the services of the Provider, the full purchase amount will be refunded within 20 days.
Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Provider 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 Provider and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Slovenia, 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 Provider’s express prior written permission.
Ownership of Materials
Notwithstanding Provider’s ownership of Submissions, as described in the section titled “Client Feedback”, 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 Provider to become the owner of a Project, in whole or in part, rather than Client, Provider irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Provider 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. Provider always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in this document.
Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Provider and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Provider will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Provider has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
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.
Prohibited activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Provider on behalf of the Client. Further, Client agrees to refrain from the following:
Client feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Provider and Provider is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Provider shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client as described in the section titled “Ownership of Materials”, and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Provider for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
Management and oversight
Provider reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Provider further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Provider, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Provider and shall be designed to protect Provider’s rights and property.
User data and privacy policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in Slovenia. Access of the Website from the US, Asia or other regions of the world may result in the applicability of laws, statutes or regulations differing from those of Slovenia which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to Slovenia constitutes express consent of Client to the transfer and processing of data in Slovenia. Provider does not knowingly accept or solicit information from individuals under the age of 18.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Provider shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Provider from any such loss or corruption.
For a more detailed description regarding the collection, protection, processing, and storage of your personal data, please refer to the Privacy Policy.
Returns and refunds
Provider reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should the Client request a refund during the first month of use, all materials produced by Provider are ownership of the company and are prohibited from being used by the Client in any way.
Provider reserves the right to take appropriate legal actions against Client for breach of this paragraph.
Exclusivity
The service provider does not commit to exclusivity within the Client’s industry. This means that during the subscription period for Provider’s services, the Provider or related parties may collaborate with any other company in the same industry as the Client, in the same or different market. If a Client desires exclusivity within the industry or market, the service price (monthly fee) will be negotiated based on the extent of exclusivity. Price is influenced by market delineations, activities, and time component.
Connection interruptions
Provider does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Provider’s control. Client agrees that Provider shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
The Client should be aware that:
- Web technologies for content transmission and access are not 100% reliable. In case of any disruptions due to service providers, the content provider assumes no responsibility.
- The content provider and service provider are not responsible for the improper functioning of services resulting from user misuse, lack of knowledge, or inadequate software.
- For communication with Provider’s team and the use of their services, the Client needs a capable computer, internet connection, and a modern, up-to-date internet browser.
- For the use of video content, the user needs a sufficiently fast internet connection.
- The content provider cannot guarantee the operation of services in case of network outages of contractual partners, power outages, or other technical disruptions that could temporarily interfere with the operation of services.
Governing law
Clients and third parties may address any complaints, grievances, or suggestions regarding the website, as well as requests for additional information, to the following address: info@ecto.design.
The Provider respects the applicable consumer protection legislation and acknowledges that a fundamental characteristic of consumer disputes, particularly concerning judicial resolution, is their disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. Therefore, the Provider strives to resolve any disputes amicably and not through legal proceedings to the best of its abilities. However, while considering this, the Provider ensures an effective complaint handling system. The Provider will acknowledge receipt of the complaint to the participant within 5 working days of receiving it and inform them about the course and duration of the complaint procedure (at least 10 working days).
Any legal action of whatever nature shall be brought in the state courts of Ljubljana or the Slovenian District Court for the district of Ljubljana. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Provider disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Provider makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Provider assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Provider’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Provider does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
Limitations of liability and indemnification
Provider 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, Provider 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:
- use of the Website;
- breach of these Terms of Use;
- any breach of Client’s representations and warranties set forth herein;
- Client’s violation of the rights of any third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, Provider reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Provider here under. Client agrees to cooperate with the defense of such claims.
Electronic communications, transactions and signatures
Client hereby consents to receive electronic communications from Provider and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Provider or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
Showcasing design work
Provider reserves the 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 Provider, which in turn would void the right of Provider to share or discuss Client’s work publicly.
Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Provider. Failure of Provider to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Provider.
Contact information
For any further questions or complaints regarding the Website, please contact the Provider team at: info@ecto.design.
