Terms & Conditions

1. Introduction

These Terms and Conditions govern your use of my website and any services provided by Alubia Design. By accessing or using my website, you agree to comply with and be bound by these Terms and Conditions.

2. Definitions

"I," "me," "my": Refers to Alubia Design.
"You," "your": Refers to any individual, entity, or organization accessing or using my website, services, or content, including anyone who enters into a contract with Alubia Design for graphic design services or related offerings.
"Services": Refers to graphic design services and any other related services offered by Alubia Design.
"Content": Refers to all visual and written material on my website, including but not limited to text, images, graphics, and portfolio.

3. Services

I offer graphic design services as listed on my website.
Services are provided based on a mutually agreed-upon contract, which includes the scope of work, timeline, and fees.

Use of AI Technology

I use AI technology in some aspects of my services. Please review my AI Disclaimer for more information on how AI technology is used and the implications it may have on your experience.
By using my services, you acknowledge and agree to the terms outlined in the AI Disclaimer.

4. Intellectual Property

All content, including designs, images, text, branding, and any other material on my website, is protected by intellectual property laws and is the sole property of Alubia Design.
You are not permitted to reproduce, distribute, modify, publicly display, or otherwise use any content from my website without my prior written consent.
You agree not to remove or alter any copyright, trademark, or other proprietary notices attached to my content.
Portfolio pieces are for demonstration purposes only and may not reflect the final output of a specific client project.

5. Prohibited Use

You agree not to use my content in any manner that violates the rights of Alubia Design or others.
You may not use my content to create derivative works, compete with my business, or misrepresent the source of the content.

6. Limitations of Liability

You agree that to the fullest extent permitted by law, Alubia Design's maximum total liability for any claims, breaches, or damages arising from any act or omission, including breach of these Terms and Conditions and negligence, shall be limited solely to the dollar amount of the fees paid by you to Alubia Design under the contract.
You agree that, to the fullest extent permitted by law, Alubia Design shall not be liable for any claims for punitive damages, consequential damages, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues, and/or replacement costs.
Alubia Design is not responsible for any defective products, services, or imperfect resources purchased on your behalf, and you waive any right to pursue any claim, demand, or course of action against Alubia Design for such issues.

7. Indemnification and Defense

To the extent permitted by applicable laws, both you and Alubia Design agree to defend, indemnify, and hold harmless the other party, including its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns, from and against any and all liabilities and expenses, including without limitation claims, damages, judgments, settlements, costs, attorneys' fees, and disbursements arising out of or resulting from a breach of these Terms and Conditions.
Alubia Design agrees to indemnify you against claims of infringement, errors, or omissions in the Work created with the assistance of AI technology.
You agree to indemnify, defend, and hold harmless Alubia Design and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising from or related to:

Your use or misuse of my website, services, or content.
Your breach of these Terms and Conditions.
Any injury, death, or harm caused by your actions or inactions while using my services.
This indemnification obligation will survive the termination of these Terms and Conditions and your use of my website and services.

Duration of Indemnification: This indemnification obligation will survive the termination of these Terms and Conditions and your use of my website and services indefinitely. This means that even after you stop using my website or services, you will remain responsible for any claims, liabilities, damages, or losses arising from your prior use.

8. Reporting Violations

If you become aware of any unauthorized use of my content, you agree to report it to me immediately.

9. Changes to Terms and Conditions

I reserve the right to modify these Terms and Conditions at any time. When I make changes, I will notify you by posting an updated version of these Terms and Conditions on my website and by any other reasonable means, such as email notifications or pop-up notices on my website.
By continuing to access or use my website and services after changes have been posted or notified, you agree to be bound by the updated Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically and stay informed about any changes.
If you do not agree with any changes, you may choose to discontinue your use of my website and services.

10. Third-Party Content, Links, and Affiliate Disclosure

My website may contain content, links, or resources provided by third parties that are not affiliated with Alubia Design. This may include affiliate links, which means I may earn a commission if you make a purchase through these links.
Third-party content is for informational purposes only and does not imply endorsement by me. I do not control or monitor third-party websites, content, or resources linked to or from my website, including those with affiliate links.

Liability: I do not assume any responsibility for the content, accuracy, or reliability of third-party content or links. Your use of third-party content and links is at your own risk.
User Caution: Users should exercise caution and conduct their own due diligence when interacting with third-party content, links, and resources. This includes reviewing the terms and conditions, privacy policies, and other legal documents of any third-party websites you access through my website, especially when interacting with affiliate links.
Affiliate Disclosure: My affiliate disclosure is provided in accordance with applicable laws and regulations and is made clear and visible to users. By using my website and clicking on affiliate links, you acknowledge and agree to the terms of my affiliate disclosure.
Your interactions with third-party content or links, including any purchases, transactions, or use of affiliate links, are solely between you and the third party. I am not liable for any loss, damage, or other issues arising from your use of third-party content, links, or affiliate links.

11. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of South Africa.
By agreeing to these Terms and Conditions, you consent to submit to the exclusive jurisdiction of the courts located in Cape Town, South Africa for the enforcement of any arbitration award or resolution.

12. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact me at kumika@alubiadesign.com.