tERMS & CONDITIONS

1. Agreement Overview

This Terms of Use ("Agreement") constitutes a legally binding agreement between NiceJourney (“NiceJourney”), an individual enterprise that collaborates with external professionals which is organized under the laws of the state of Italy and the European Union, and the Customer ("Customer"). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and NiceJourney shall cease upon termination of this Agreement.

2. Service Packages

Backpacker Package: NiceJourney provides comprehensive branding, visual, and web design services, which include the support of one partially dedicated designer. Customers will receive updates every 48 hours during business days, delivered via Slack, and can schedule two (2) video calls per month to ensure all aspects of the project are aligned with their vision.
In addition, NiceJourney remains available for strategic and/or creative consults within or outside of the scope of ongoing projects, committing to respond within 48 hours during business days.

Explorer Package: This plan combines everything in the "Backpacker Package" with the addition of SEO copywriting services and no-code development for simple websites and e-commerce. The plan includes the support of one partially dedicated designer and one partially dedicated SEO copywriter. Customers will receive updates every 48 hours during business days delivered via Slack. In addition, NiceJourney remains available for strategic and/or creative consults within or outside of the scope of ongoing projects, committing to respond within 48 hours during business days. Customers can also schedule two (2) video calls per month.

Nomad Package: It’s catered to customers needing more personalised design and marketing support, offering the expertise of three or more professionals in different fields as necessary, such as custom-code websites, illustrations, and social media management. This plan includes updates every 24/48 hours during business days. Up to four (4) video calls per month are also available. Finally, NiceJourney remains available for strategic and/or creative consults within or outside of the scope of ongoing projects, committing to respond within 24/48 hours during business days.

NiceJourney reserves the right to adjust, enhance, or revise these Service Packages at its sole discretion. Customers are encouraged to review the terms regularly to stay informed of any changes.

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services. See more on the "Interruptions" section.

3. Cancellation and Renewal Policy

To discontinue the Service Packages provided by NiceJourney, Customers have two options.
Cancellation - Customers are required to give a clear and unequivocal written notice of cancellation at least ten (10) days prior to their next billing cycle renewal date. This advanced notice is crucial to avoid incurring charges for the upcoming period.
In the event that a Customer fails to provide a 10-day notice of cancellation, the Customer will be subject to the full charges of the subsequent billing period. These charges are non-refundable, as they compensate for the allocation and reservation of resources that may have been otherwise utilized for other projects. This policy ensures that NiceJourney can maintain the highest level of dedicated service for all its active projects. Customers are encouraged to consider their project timelines and plan cancellations accordingly to align with this policy. NiceJourney remains committed to providing clear and transparent communication regarding renewal dates and will send reminders to Customers to aid in this process. Any intent to cancel must be communicated via Slack or email to be considered valid.
Pause - Customers have the opportunity to pause their subscription after at least one week from the beginning of the billing cycle and for a minimum of seven (7) days. This allows them to retain the number of days they still have left in their monthly package. If Customers want to pause their subscription, they are required to send a written notice at least ten (10) days before the intended pause date. Then, they can reuse the number of days left from their monthly package within one (1) year from the pause date. After this period, the days left will expire and Customers will not be able to use them.

4. Acceptance of Work

NiceJourney provides a review period of three (3) business days following the delivery of work for the Customer to evaluate and provide feedback. The Customer’s input is invaluable for ensuring the final product meets their expectations. Should NiceJourney not receive feedback or revision requests within the three (3) business days post-delivery, the work will be considered accepted, and the NiceJourney team will move forward with the next task. This acceptance is procedural and does not prevent the Customer from providing additional feedback or requesting iterations afterward. NiceJourney is committed to accommodating further refinements; however, it is understood that this will not delay the ongoing project timeline or the subscription billing cycle. We encourage Customers to provide timely feedback to align with the project's momentum but understand that iteration is a natural part of the creative process. NiceJourney is happy to continue iterating on the delivered work to ensure that the Customer's vision is fully realised, while also maintaining the pace of project development.

5. Pricing Packages and Refund Policy

Customers have the flexibility to cancel their subscription with NiceJourney; however, a notice of cancellation must be submitted in writing at least ten (10) days prior to the end of the current billing cycle. NiceJourney does not offer refunds once these resources have been assigned and work has commenced. In the event that a Customer submits a cancellation notice, NiceJourney will continue to provide services until the completion of the current billing cycle. There are no refunds for any portion of the services that have been unused within this billing period. Following the submission of the cancellation notice, the subscription will not be renewed, and no further charges will be incurred after the end of the billing cycle in which the cancellation notice period concludes. Please be advised that there are no refunds for partial months of service, and any cancellation request must adhere to the 10-day notice requirement to avoid billing for the subsequent period.

However, only for the first billing cycle, Customers can ask for an eighty (80) percent refund on the price of the package they chose within seven (7) days from the billing day (the day they purchased the package). Therefore, new Customers can test our services and decide if they’re satisfied and want to commit for a longer term. NiceJourney doesn’t provide a full refund due to the time and resources allocated during the first week of work. From the second billing cycle onward, NiceJourney does not offer refunds anymore.

6. Intellectual Property Rights

Customers of NiceJourney pay in advance for each month of service. Consequently, ownership of all works created specifically for the Customer during a given billing cycle is transferred to the Customer immediately upon commencement of that cycle's service. While NiceJourney retains all rights to its foundational and underlying Content, such as software, design frameworks, trademarks, logos, written content, graphics, and media (collectively, the “Content”), the specific works produced for a Customer during the paid service period are the Customer's property from the point service delivery begins for that billing cycle. These works, once created and delivered within the scope of a paid billing cycle, are protected under the Customer's ownership by copyright laws and regulations of the European Union and foreign jurisdictions and international conventions, as applicable.

7. Ownership of Materials

Consistent with the Intellectual Property Rights section, while NiceJourney retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design created specifically for the Customer’s project. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include NiceJourney’s underlying tools, methods, or pre-existing materials.

8. Fonts

In the event that any Project incorporates fonts not owned by NiceJourney and requires a commercial license for legal reproduction, distribution, or public display, NiceJourney will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Fonts. The Customer assumes all responsibility for consequences due to failure to purchase required licenses for any Third-Party Fonts incorporated into a Project.

9. Customer Representations

By using the Services, Customer represents and warrants that: Customer has the legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer will not access the Services through automated or non-human means; Customer will not use the Services for any illegal or unauthorized purpose; Customer’s use of the Services will not violate any applicable law or regulation.

10. Prohibited Activities

Customers shall use the services provided by NiceJourney solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by NiceJourney are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service package selected. Customers are prohibited from: Reselling, redistributing, or otherwise exploiting the services or content created by NiceJourney for unauthorised commercial purposes. Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution. Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party. The use of NiceJourney’s services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.

11. Feedback

The Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by NiceJourney ("Feedback") must be communicated through the designated platform, specifically Slack. This ensures that Feedback is properly recorded and addressed. NiceJourney shall retain ownership of all Feedback and is under no obligation to keep it confidential. NiceJourney is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channel. Customers are encouraged to use Slack for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.

12. Oversight

NiceJourney reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. NiceJourney further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability.

13. Returns and Refunds

Except for the first billing cycle, NiceJourney maintains a strict no-refund policy on all payments made for services as detailed in the "Cancellation and Renewal Policy" section. Despite this policy, NiceJourney is committed to delivering the promised services for the entirety of the current billing cycle, even if a cancellation request is received. An eighty (80) percent refund will be issued for cancellations within seven (7) days of the beginning of the first billing cycle. From the second billing cycle onward, no refunds will be offered, including those made within the 10-day notice period.

14. Modifications to Terms of Use

NiceJourney reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. NiceJourney reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Customer.

15. Interruptions

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services. In the event of such interruptions, NiceJourney shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimising any disruptions and will endeavour to notify Customers of any significant interruptions and resume services as promptly as possible.

16. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Italy and the European Union, without regard to conflict of law principles.

17. Limitations of Liability and Indemnification

Limitations of Liability: Except as otherwise provided in the indemnification obligations below, under no circumstances shall NiceJourney, its members, contractors, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or use, incurred by the Customer or any third party, whether in an action in contract or tort, arising from the Customer’s access to, or use of, the Services provided.

Indemnification

NiceJourney shall indemnify, defend, and hold harmless the Customer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the work produced by NiceJourney as delivered to the Customer and used in accordance with the terms of this Agreement infringes the intellectual property rights of such third party.

The Customer agrees to indemnify, defend, and hold harmless NiceJourney against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the Services in a manner not authorized by this Agreement, or the Customer’s modification of the work, infringes the intellectual property rights of such third party.

The indemnification obligations set forth above are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of any claim or action; (b) giving the indemnifying party exclusive control and authority over the defence or settlement of such claim or action; (c) providing assistance in connection with the defence or settlement of such claim or action at the indemnifying party’s request and expense.

Notwithstanding the foregoing, the total liability of each party under the indemnification obligations shall not exceed the total amount paid to NiceJourney by the Customer under this Agreement within the 12-month period preceding the claim.

The indemnifications set forth above shall not apply to the extent that the alleged infringement arises from: (a) use of the Services in combination with data, software, hardware, equipment, or technology not provided by NiceJourney or not authorized by NiceJourney in writing; (b) modifications to the Services by anyone other than NiceJourney; (c) the Customer's failure to use updates or modifications to the Services that NiceJourney has provided specifically to avoid infringement; or (d) the Customer’s failure to secure appropriate rights, licenses, consents, or permissions required for third-party assets it directs NiceJourney to incorporate into the work.

Both parties acknowledge that the limitations and exclusions of liability and indemnity in this agreement are fundamental elements of the basis of the bargain between NiceJourney and the Customer, with the exception that these limitations do not apply to the indemnifiable losses as set forth above.

18. Customer Data

The Customer is responsible for providing all necessary data and materials required for NiceJourney to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services. While NiceJourney takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to NiceJourney. In the event of any loss or corruption of data, NiceJourney will endeavour to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.

19. Electronic Delivery of Materials

The Customer consents to receive electronic communications from NiceJourney and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.

20. Showcasing Work

NiceJourney reserves the right to showcase work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.

21. Termination

These Terms of Use remain in effect until terminated by the Customer or NiceJourney. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Packages and Refund Policy" section. NiceJourney reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Use. NiceJourney may also suspend or terminate Customer's access to the Services for any substantial breach of these terms. Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. NiceJourney will take reasonable steps to ensure a smooth transition and minimise disruption to the Customer's ongoing projects.

Contact Information

For questions or comments regarding these Terms, please contact:
Tommaso Canu
‍hello@nicejourney.agency 
Via A. Costa 39, 61037 PU
Mondolfo, Italy