# Terms and Conditions - Link: https://accuxel.com/terms-and-conditions/ - Published: 2021-06-22T21:26:11+00:00 - Author: Akinola Badmus ## Introduction Please read these Terms and Conditions carefully before using this website. These Terms and Conditions govern your access and use of this website. By accessing or using this website, you agree to be bound by these Terms and Conditions. Accuxel reserves the right to make changes to this website and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this website. ## About Us Accuxel is an online print provider providing its customers with free templates created by designers across Nigeria. Born out of our love for paper and ink, we aim to help Nigeria start-ups and SMEs print business and marketing materials with ease. ## The Agreement These Terms and Conditions is an agreement between you and us. It details our obligations to you. It also highlights certain risks on using our services and you must consider such risks carefully as you will be bound by the provision of this agreement through your use of this website or any of our services. ## Age Restriction Our website and Services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18. ## Registration To use Accuxel, you might have to create a Accuxel account by registering. To register, you will provide us with certain information such as your first name, last name, email address and phone number and we may seek to verify your information, after which we will approve your account unless deemed risky. You give us permission to do all these. ## Use of Site You are granted permission to access and use this website and its content for the sole purpose of preparing, evaluating, and ordering products or services solely through Accuxel (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from Accuxel does not entitle you to use any portion of content apart from the finished products as they are supplied by Accuxel. Without limitation, no portion of the content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the website to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Accuxel may terminate its service to customers found to be using Accuxel to engage in undesirable activities. You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products, including any third party material made available via a third party design service which may be accessed via the website. By placing an order on this website, you warrant that you have all necessary permission, right and authority to place the order and you authorize Accuxel to produce the products on your behalf. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. ## Approvals Prior to producing the products designed using our templates, we make an electronic proof of the product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you. For order made using your own design files, Accuxel shall not be held liable for errors due to mistakes on files uploaded. ## Availability and Delivery Unless there are exceptional circumstances, your products will be dispatched for delivery in accordance with the delivery service chosen by you during the ordering process. Working days are Monday to Saturday, excluding public holidays. Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can. Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the products to us. We reserve the right to make an additional delivery charge for re- dispatch of the products to the correct delivery address. All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient, we will incur no liability provided that the product was delivered to the address provided by the purchaser. ## Non-Delivery You must notify us within 30 days of any failure on our part to deliver the products in order that we can investigate the failure and take appropriate action. Once you have notified us, we will then send you a form to complete and return to us. Once the form is received, we will redeliver the products to you at no further cost or expense to you. ## Risk and Title The products will be at your risk from the time of delivery. Ownership of the products will pass to you on delivery. ## Our Replacement Policy If you believe that a product is defective, we may request that you return the product for our examination. ## Force Majeure Accuxel shall be under no liability if unable to carry out any provision of the contract for any reason beyond Accuxel’s reasonable control including (without limiting the foregoing): Act of God, legislation, war, fire, flood, inadequacy or unsuitability of any instruction, data or materials required for the performance of the contract. During the continuance of such a contingency, you may by written notice to Accuxel elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available. ## Indemnification You agree that you shall indemnify and defend Accuxel and all parties from whom Accuxel has licensed portions of content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products that was not part of the standard website content. ## Updates, Modifications and Amendments We may need to update, modify or amend our Terms and Conditions as our technology evolves. We reserve the right to make changes to these Terms and Conditions at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms and Conditions, the User must cease using our website and/or services immediately. ## Price and Payment The price of any product will be as quoted on our site from time to time. These prices do not include VAT and delivery costs, which may be added to the total amount due as set out in the basket section of the online ordering process. Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you an order confirmation. ## Refund Policy Accuxel offers a Seven (7) working days refund policy for items/orders that do not meet its customer’s expectations or are defective and after other channels do not meet client expectations which include a reprint or a credit to print a new order. Please note that the request for a refund has to be reported within 3 working days after receipt of orders as Accuxel will not make a refund if an order has been delivered and no issue was raised within 3 working days after the order was received. ## Intellectual Property Right Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Accuxel owns all intellectual property rights to and into the website, including, without limitation, any and all rights, interest in and title to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Accuxel without obtaining authorization from Accuxel. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other services like blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same. ## **Design Portfolio and Promotional Use** Accuxel Prints & Design reserves the right to display and reproduce the completed design work, including preliminary concepts, in portfolios, websites, social media, marketing materials, competitions, and publications for the purpose of promoting the Designer’s services. This permission is granted indefinitely and does not require further approval from the Client. So, the Client agrees that Accuxel may use images, mockups, or photographs of the final work for self-promotion unless otherwise agreed in writing. Confidential information, trade secrets, or unpublished materials provided by the Client will not be disclosed without the Client’s prior consent. ## **Printed Jobs Portfolio and Promotional Use** Accuxel Prints and Design reserves the right to photograph, reproduce, and display printed materials produced for the Client in portfolios, websites, social media, and other promotional materials for the purpose of showcasing printing services, unless the Client requests confidentiality in writing prior to production. ## Written Communications When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site, For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. ## Applicable Law These Terms and Conditions shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria. ## Disclaimer of Warranty THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ## Limitation of Liability IN NO EVENT SHALL ACCUXEL OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGE OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ACCUXEL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM ACCUXEL, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL ACCUXEL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT. ## Dispute Resolution We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms and Conditions, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria. ## Severability If any portion of these Terms and Conditions is held by any competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other part in this Terms and Conditions.