Terms of Service

1. Introduction

Welcome to Nibex! These Terms and Conditions govern the use of our services, including UI/UX design, branding, web design, product design, and mobile app design. By engaging with our services, you agree to comply with these terms. If you do not agree, please refrain from using our services.

2. User Responsibilities

As a user of our site and services, you agree to:

Use the Site Lawfully: You may not use the Site for any unlawful purpose or in violation of any applicable laws or regulations.
Respect Intellectual Property: You may not copy, distribute, modify, or create derivative works from our content without express written permission.
Maintain Account Security: If you create an account on our site, you are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account.
Provide Accurate Information: You agree to provide accurate, current, and complete information when interacting with our services.

3. Services and Deliverables

Nibex provides professional design services based on the selected package:

Starter Spark: 2-week sprint with up to 3 pages/screens and 1 revision cycle.
Design Booster: 30-day design journey with up to 7 pages/screens and 2 revision cycles.
Innovation Pro: 90-day design accelerator with up to 25 pages/screens and 3 revision cycles.
Enterprise Design: 6-month partnership with unlimited pages/screens and revisions within scope.
Custom Masterpiece: Tailored solutions based on agreed scope and budget.
Additional revisions, extra design elements, or major scope changes may incur additional charges.
All designs are optimized for mobile and desktop experiences.

4. Payment Terms

All plans except Custom Masterpiece require a full upfront payment.
Custom Masterpiece payments follow a structured agreement based on project milestones.
Accepted payment methods: Credit card, bank transfer, or other agreed methods.
Hourly rate for additional work: $100/hour.
Late payments beyond 14 days may result in project suspension.
All prices are listed in USD/AUD (or as agreed) and may be subject to applicable taxes.

5. Refund and Cancellation Policy

Refer to our Return & Refund Policy for details on eligibility for refunds and cancellation terms.

Before Work Begins: Full refund available.
Early Cancellation: Up to 75% refund within the first 3 business days.
After Initial Concepts: Partial refunds based on project stage.
Custom Masterpiece Plan: Refund terms will be outlined in the custom contract.

No refunds after final design delivery or once 75%+ of the work is completed.

6. Intellectual Property Rights

All final designs become the client’s property upon full payment.
Nibex retains the right to showcase completed work in its portfolio and marketing materials unless otherwise agreed in writing.
Unused or rejected design concepts remain the property of Nibex.
All content on this website, including text, graphics, logos, images, and software, is the property of Nibex and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use may result in legal action.

7. Service Availability

Nibex strives to provide reliable services and ensure availability during business hours (Monday to Friday, Sydney time).
However, we do not guarantee uninterrupted access to our services. Availability for urgent requests depends on the specific terms of your contract with us.
We generally aim to respond to emails within 48 hours.
We reserve the right to modify or discontinue services without notice at our discretion.

8. Limitation of Liability

Nibex is not responsible for:

Any indirect, incidental, or consequential damages resulting from the use of our designs.
Issues arising from third-party integrations or implementation errors.
Delays caused by client inaction or scope changes.
Our liability is limited to the amount paid by the client for the service provided.
Except as expressly stated in the contract, our services are provided "as is" without warranty of any kind, either express or implied.

9. Governing Law

These Terms of Service and any disputes arising from or relating to these terms or your use of the website will be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

10. Dispute Resolution

In case of disputes, both parties agree to first attempt an amicable resolution.
If unresolved, disputes will be referred to mediation in accordance with the rules of the Australian Commercial Disputes Centre (ACDC).
If mediation fails, the matter will be resolved through arbitration or by the courts of New South Wales.

11. Termination of Services

Nibex reserves the right to terminate or suspend your access to our website or services, without notice, for conduct that violates these Terms of Service or is harmful to our business interests.
Termination will not affect any rights or obligations that accrued before termination.

12. Amendments to Terms

Nibex reserves the right to update these terms at any time. Clients will be notified of significant changes. For any questions, contact us at hello@nibex.io. We look forward to creating bold and innovative designs with you! 🎨🚀