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Overview
The following terms and conditions (“Terms of Use”) regulate the use of the internet website service (the "Website") which SUPERFINE makes available to Internet users, and the Services provided by SUPERFINE.
SuperFine is a registered business under the laws of Israel, Registration No. 558537171, having its registered office at Shayke Ophir 3, Rosh Ha'ain, Israel ("Company" or "SUPERFINE" or "We"). E-mail: [email protected] .
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Acceptance of Terms through access and use
- Your browse or use of the Website and its Services makes you a user of the Website (“User” or "you"). By accessing, browsing and using this Website, or downloading Content from the Website, you agree to be bound by and signify your agreement to all Terms of Use contained or referenced herein and any subsequent changes to the foregoing. If you do not agree to these Terms of Use or any subsequent modification, please do not access, browse or use this Website.
- SUPERFINE reserves the right, at its sole discretion, to update, change or revise these Terms of Use at any time. Any such changes shall be effective immediately upon notice thereof, which may be given by any means including posting on the Website, or by any other means by which Users obtain notice thereof. Users' use of the Website after any such notice shall be deemed to constitute Users' acceptance of any such changes. Therefore, please check the Terms periodically for changes.
- These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with SUPERFINE or its subsidiaries or affiliates for other products or services.
- The Services are provided for business customers only. We reserve the right to accept or reject requests for Services and\or to limit the Services to any entity, geographic region, or jurisdiction.
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Definitions
- "Services" – means SUPERFINE graphic design monthly plans services, which include designs of logos, icons, digital ads, graphics, banners, websites, mobile apps, or any other type of graphic design we offer or agreed to provide.
- "Website Design Project" – means the designing, and, if selected by the Client, programming, of a single website to the Client in accordance with the specifications outlined in the project proposal.
- "Client" – means a User who has engaged us to provide Services or Website Design Project through the Website.
- "Deliverables" - means work products of any kind to be delivered by SUPERFINE to Client, in the form and media agreed by the parties.
- "Client Content" - means all materials, information, factual, promotional, or other advertising claims, photography, writings, logos, and other creative content provided to SUPERFINE by Client for use in the preparation of and/or incorporation in the Deliverables.
- "Final Works" - means all creative content developed by SUPERFINE, or commissioned by SUPERFINE, exclusively for the Client and incorporated in the final Deliverables, including, but not limited to, any and all visual elements, graphic design, illustration, photography, animation, motion design, audio-visual works, sounds, typographic treatments and text.
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Ownership of Website and Trademarks
- SUPERFINE owns or licenses all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Website (the “Content”). Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content. The Website and the Content are protected by the Israeli and international copyright, trademark, and other laws.
- You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of our icons, logos or trademarks without our prior written consent.
- Nothing appearing on the Website or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the “Marks”). The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by SUPERFINE. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited.
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Website Limited License
- SUPERFINE grants you a revocable, non-exclusive, limited license to make personal use only of the Website (the "License"). Said License does not include, without limitation: (a) Any commercial and/or derivative use of the Website or any Content included therein; and/or (b) The collection, gathering and use of any Content or any part thereof; and/or (c) Any right or license, express implied or otherwise, other than the rights specifically listed and defined above, nor any right under any patent, trademark, copyright, or proprietary right of SUPERFINE or any third party.
- Any unauthorized use of this Website will automatically terminate the License and permission granted by these Terms of Use, and, further, may violate applicable laws and/or third-party rights.
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Accuracy and Services availability
We strive to ensure current and accurate information on our Website. However, due to misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect specifications for products. We do not guarantee that Services appear on the Website will be available when viewed or thereafter.
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Consideration and Intellectual Property rights
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Services:
In consideration of the Services to be performed by SUPERFINE, Client shall pay SUPERFINE the monthly fees in the amounts and according to the payment schedule set forth in the chosen service plan. Each monthly fee will be paid in advance, at the beginning of each monthly billing cycle.
Service plan prices and the content of each service plan are subject to changes with a written notice to Client.
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Website Design Project:
Client shall pay the total Website Design Project consideration in advance, prior to the commencement of the Website Design Project.
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All Services plans and Website Design Project prices shown are cash prices in American Dollars ($).
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The Service plans and Website Design Project prices for Israeli Clients will be converted to shekels, and VAT will be added in accordance with applicable law.
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The Service pricing for each service plan and/or Website Design Project price includes the designing and/or programing fee only. Any and all external costs including, but not limited to image rights, fonts and/or artwork licenses, music licenses, domain purchases, or hosting fees, are not included in the Service or Website Design Project price, and will be billed separately or paid directly by the Client to the content or service provider.
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Intellectual Property rights:
Upon completion of each Final Work, and expressly conditioned upon the full payment of all fees and costs due, SUPERFINE grants to Client all intellectual property rights associated with the Final Works. SUPERFINE retains the right to display the Final Works on digital channels, including but not limited to social media and the Website, unless otherwise agreed upon by both parties.
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Delivery Time for design requests
- As part of the provided Services, SUPERFINE will work on each design request made by Client, one by one (or up to two tasks at a time, if Turbo plan has been chosen by Client).
- SUPERFINE will prioritize performance of the design requests as may be necessary or as identified in the service plan and will undertake reasonable efforts to perform the Services within the time(s) identified in the service plan or in accordance with the request complexity.
- The average time for each design request is typically 2-3 working days. However, the actual timeframe may vary depending in the complexity and size of the task.
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Website Design Project
- The price for designing a single-page website is as outlined in the project proposal. For each additional web page design, the Client agrees to pay an additional cost as outlined in the project proposal.
- The time for completion of the project will be coordinated with the Client. SUPERFINE will make reasonable efforts to meet agreed-upon deadlines, but delays may occur due to factors beyond the SUPERFINE's control.
- The Website Design Project price includes up to six (6) design iterations (request for revisions in the design). Any additional iterations requested by the Client beyond the initial six will be subject to additional charges, as outlined in the project proposal.
- The six iterations included in the project price must be utilized before the final delivery of the project to the Client. No additional design changes or iterations shall be accepted after the final delivery.
- The Client agrees to provide timely and complete cooperation, including but not limited to providing necessary information, feedback, and approvals. Any delays caused by the Client's failure to meet their responsibilities may result in adjustments to the project timeline.
- The Client acknowledges that there is no refund for the project price once payment has been made, regardless of the project's status or completion. However, if a refund request arises, the Client can convey it to us, and we will assess the situation to explore potential resolutions.
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User’s Conduct and Prohibited Uses
- User shall use the Website for lawful purposes only, and in accordance with these Terms of Use.
- In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws, regulations, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (f) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
- SUPERFINE does not want you to, and you should not, send any confidential or proprietary information to SUPERFINE through this Website. If you transmit to or post on SUPERFINE’s Website any material, data, information or idea by any means, it will be treated as non-confidential and nonproprietary and may be disseminated or used by SUPERFINE for any purpose.
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Warranties, Representations and Liability of the Client
- Client agrees to review Deliverables within reasonable time for such reviews and to promptly either (i) approve the Deliverables in writing or (ii) provide written comments sufficient to identify Client’s concerns, objections, or corrections. SUPERFINE shall be entitled to request written clarification thereof. Client acknowledges and agrees that SUPERFINE’s ability to meet schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions. Any delays in Client’s performance or requested changes by Client may delay delivery of the Deliverables.
- Client represents, warrants and covenants to SUPERFINE that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content is accurate, legal, conforms to ethical standards of the Client’s industry, does not infringe the rights of any third party, and use of the Client Content as well as any trademarks in connection with the project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of third party materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
- Client agrees to indemnify, save and hold harmless SUPERFINE from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under these terms.
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Personal information
We collect, use and disclose personal information about the Users in accordance with the terms of our Privacy Policy. By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information on the terms set out in the Privacy Policy.
Click here to view our Privacy Policy
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Linking
- As a convenience to you, SUPERFINE may provide links or pointers to other websites operated by third parties. The links to third party websites are provided for your convenience and information only. These other sites are not under the control of SUPERFINE, and you acknowledge that SUPERFINE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or any link contained in such linked sites, or any review, changes or updates to such sites. The inclusion of such a link does not imply endorsement of the site by SUPERFINE or any association with its operators. SUPERFINE makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of said third-party sites accessible by hyperlink from this Website, or third-party sites linking to this Website.
- If a third-party links to SUPERFINE’s Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with SUPERFINE. In most cases, SUPERFINE is not aware that a third party has linked to its Website.
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Disclaimer of liability
- All Content, information, software, products, and services included in or available through this Website are provided "as is" and "as available" for your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, to the fullest extent permitted by applicable laws.
- SUPERFINE, its subsidiaries, affiliates and licensors does not represent or warrant that the Content of this Website is accurate, reliable, complete, correct, up-to-date, current or error-free; that the Content is free from changes caused by third party; that your access to the Website will be free from interruptions, errors, computer viruses or other harmful elements; that this Website will be available at any particular time or location; or that any defects or errors will be corrected. SUPERFINE is not responsible for typographical errors or omissions relating to pricing, text, or photography and has no duty or liability to correct or update any Content.
- Your use of this Website, including all Content, data or software distributed by, downloaded or accessed from or through this Website, is solely at your risk. In no event and under no circumstances shall SUPERFINE, its subsidiaries, affiliates, licensors, nor any of its directors, officers, employees or agents, be liable for any direct, indirect, special, punitive, incidental, consequential or other damage of any kind, or otherwise, arising out of or in any way connected with the use or the inability to use this Website or any other site to which this Website is linked, or the Content and services contained in, or accessed through, this Website and/or in connection with any of the foregoing.
- SUPERFINE is not liable for any damage to the hardware of Users or of third parties during the provision of the Website service.
- SUPERFINE is not liable for decisions made on the basis of the information supplied on the Website, or for any damage or loss to User, Client or to third parties by reason of actions taken that were based on information obtained on the Website or the Services provided.
- This disclaimer of liability applies, inter alia, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Users specifically acknowledge that SUPERFINE is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with Users.
- SUPERFINE is an independent contractor, not an employee of the Client or any company affiliated with the Client. SUPERFINE shall provide the Services under the general direction of the Client, but SUPERFINE shall determine, in SUPERFINE’s sole discretion, the manner and means by which the Services are accomplished. This agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement.
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Indemnification
You agree to indemnify, defend and hold harmless SUPERFINE and its affiliates, partners, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
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Severability
If any provision of these Terms of Use is unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such provision.
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Termination
- The Services (excluded of Website Design Project) may be terminated by you at any time by written notice to SUPERFINE. In the event of termination before the end of a monthly billing cycle, you shall remain liable for the fees associated with the entire billing cycle. Upon termination, you will retain access to the Services for the remainder of the monthly billing cycle for which payment has been made.
- You may also pause the Services by giving us prior written notice. In such case, you will be entitled to use the Services for the same number of days remaining until the end of the monthly billing cycle, within 6 months from your pause request notice.
- No refunds or pro-rated payments will be issued for the unused portion of the monthly billing cycle in the event of termination or pausing the Services.
- Notwithstanding the above, we shall allow you cancel the Services, with a full refund, within 24 hours from the date of the initial engagement.
- We may, at our discretion and for any reason, change, discontinue, modify, restrict, suspend, or terminate the Services and/or the Website, or any part thereof, at any time with prior notice. In no event shall SUPERFINE be liable to you or any third party for any modification, suspension, or termination of the Services or Website.
- If your permission to use the Website is terminated for any reason, the remaining terms of these Terms of Use shall remain in full force and effect. The termination of these Terms of Use or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and us.
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General
- The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
- These Terms of Use do not replace and are in addition to any other agreement you may have with SUPERFINE.
- These Terms of Use shall be governed by and construed in accordance with the laws of Israel. Any legal action or proceeding shall be subject to the exclusive jurisdiction of the courts in Tel-Aviv district, Israel. The Website is controlled, operated and administered by SUPERFINE from its offices in Israel. If you choose to access this Website from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws. SUPERFINE is not responsible for any law violations.
- Nothing contained herein and/or on the Website shall be construed as obligating either party to enter into any further agreement(s) with the other.
- Any delay, omission, or failure by us to exercise our rights, powers or remedies under these Terms of Use shall not constitute a waiver of those rights, powers or remedies.