Terms and Conditions for Xanitys.com
Effective Date: 12-1-2020
By accessing or using Xanitys.com, you agree to comply with and be bound by these Terms and Conditions (“Terms”). These Terms govern your use of our website, the services we offer, and the digital products you purchase from us. If you do not agree to these Terms, please refrain from using our services.
1. Website Design Services
1.1. Design Form and Process
Website design orders will include a design form, which must be completed and submitted to begin the design process. The design form will be available for download on the confirmation page after placing an order.
1.2. Project Timeline
Website development will begin once all necessary details have been received from the client. The estimated time frame for completion is between 5 to 12 business days, unless a rush service is purchased. Please note that time frames are estimates and not guaranteed.
1.3. Order Cancellations
Orders may be canceled within 24 hours of placing the order. After this 24-hour period, all sales are final, and cancellations or refunds will not be permitted unless offered at the discretion of the seller.
2. Digital Products
2.1. Delivery of Digital Products
Our applicable digital products will be delivered to the email address used at checkout or made available for immediate download once successfully purchased.
2.2. Issues with Digital Products
If you have not received your digital product, please check your spam folder or contact us via email for further assistance. We will respond as promptly as possible to resolve the issue.
2.3. Refund and Return Policy for Digital Products
Due to the nature of digital products, we do not accept refunds or returns once the product has been purchased and delivered or downloaded. However, if there are any issues with your purchase, please contact us for assistance.
3. Use of Our Products
3.1. Personal and Internal Business Use
Our digital products are provided for personal or internal business use only. They may not be resold, shared, redistributed, or used for commercial purposes, including use by third-party designers or businesses for resale, distribution, or any other commercial use. These products must not be used in a manner that competes with our original offerings.
3.2. License
Upon purchasing a product, you receive a non-exclusive license to use the product for personal or internal business purposes. You do not have the right to resell, redistribute, or use the product for commercial purposes unless otherwise specified.
4. Intellectual Property Ownership
4.1. Ownership Rights
All intellectual property rights, including copyrights, trademarks, and other proprietary rights in the products, designs, templates, logos, and other materials provided through Xanitys.com remain the exclusive property of Xanitys.com. By purchasing or using our products, you are granted a non-exclusive, non-transferable, revocable license to use the product for personal or internal business purposes only. This license does not grant you ownership rights to the intellectual property of the product. You may not copy, modify, sell, sublicense, or otherwise exploit the products unless explicitly granted in writing by Xanitys.com or Xanitys LLC.
4.2. License Limitations and Prohibited Uses
You agree not to resell, redistribute, or otherwise transfer ownership of any digital products purchased from us, including templates, designs, or elements, either as standalone items or incorporated into another product. Additionally, our products cannot be used in any way that competes with our original offerings or for resale. You further agree not to use the products in any manner that infringes on the intellectual property rights of Xanitys.com or violates applicable laws.
5. Order Processing and Payment
5.1. Payment Methods
We accept payments through various secure methods, including credit cards, PayPal, and other payment gateways. All transactions are processed securely.
5.2. Currency and Pricing
All prices are listed in USD unless otherwise indicated. Prices are subject to change at any time, but any changes will not affect orders that have already been processed.
5.3. Order Confirmation
Upon successful payment, you will receive an order confirmation email detailing your purchase. If you do not receive this confirmation, please check your spam folder or contact us for assistance.
6. Cancellation and Refund Policy
6.1. Website Development Services
For website design services, you may cancel your order within 24 hours of placing it. After 24 hours, no refunds will be provided, and all sales will be considered final unless explicitly offered by the seller.
6.2. Digital Products
Due to the digital nature of the products, we do not accept refunds or returns. All sales of digital products, including website templates, graphic designs, Canva templates, and AI-generated stock photos, or any applicable product or service listed on the website are final. If you encounter any issues with your purchase, please contact us for assistance. We will do our best to resolve any issues.
7. Privacy and Data Collection
7.1. Personal Information
We take your privacy seriously and only collect personal information that is necessary for processing your order, completing your purchase, and providing customer support or related. By using our website, you consent to the collection and use of your personal data as described in our Privacy Policy.
7.2. Data Security
We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, please note that no method of electronic transmission or storage is completely secure, and while we strive to protect your data, we cannot guarantee absolute security.
8. Limitation of Liability
8.1. Liability for Use of Products
We take pride in offering high-quality products and services, including website designs, templates, and digital products, and make every reasonable effort to ensure they meet the expectations of our customers. However, by purchasing our products, you acknowledge and agree that we are not liable for any issues, damages, or losses resulting from the use of our products. This includes, but is not limited to, issues arising from unfamiliarity with editing templates, failure to follow provided instructions, improper use of the product, or incompatibility with your existing systems, software, or hardware. We are also not responsible for any issues or disputes that may arise from the use of third-party platforms such as Canva.com, or from third-party elements (such as fonts, photos, or other assets) used in conjunction with our products.
You acknowledge that it is your responsibility to ensure that you understand how to properly use our products, including digital products, templates, designs, and any third-party platforms or elements associated with them. We do not assume liability for any damages, losses, or costs arising from your inability to use the products correctly or the use of our products or services. This includes, but is not limited to, damages to your business, intellectual property, or personal property, as well as any indirect, consequential, or incidental losses. Additionally, we are not responsible for any technical issues, service interruptions, or errors that may occur on external platforms (such as Canva) or due to the use of third-party software, elements, or services. It is your responsibility to ensure compatibility and compliance with any third-party services and elements used with our digital products.
8.2. No Warranty
Our products are provided on an 'as-is' basis without any warranties, express or implied. We do not guarantee that the products will meet your specific requirements, that they will be error-free, or that they will be compatible with your systems or platforms.
8.3. Indemnification
You agree to indemnify, defend, and hold harmless Xanitys.com or Xanitys LLC, its officers, owner, directors, employees, agents, and affiliates from any claim, loss, liability, damage, or expense, including attorneys' fees, arising from your use of our products, your violation of these Terms, or your infringement of any intellectual property or other rights of a third party.
8.4. Limitation of Damages
In no event shall Xanitys.com or Xanitys LLC be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, or loss of data, arising out of or in connection with the use of our products or services, even if we have been advised of the possibility of such damages.
8.5. Force Majeure
We shall not be liable for any delays or failures to perform due to causes beyond our reasonable control, including, but not limited to, natural disasters, acts of war, pandemics, strikes, or interruptions in telecommunications or internet services.
9. Limitation of Claims and Statute of Limitations
9.1. Limitation of Claims
Any claim or cause of action arising out of or related to the use of our products or services must be filed within one (1) year after the cause of action arises. Failure to do so will result in the waiver of such claim.
10. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. By purchasing from Xanitys.com or Xanitys LLC you agree that any dispute or claim arising out of or in connection with these Terms will be resolved in the courts located in St.Joseph County, Indiana.
11. Account Creation and Security
If you create an account on Xanitys.com, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
12. Reviews and Feedback
12.1. Customer Reviews
We encourage our customers to leave honest and constructive feedback about their experiences with our products and services. We value transparency and encourage reviews that help others make informed decisions. However, reviews or feedback that contain false, misleading, defamatory, or inappropriate content, or violate the terms of service of third-party review platforms, may be removed at our discretion.
12.2. False or Inaccurate Reviews
If we believe that a review is false, misleading, or does not accurately reflect the experience of the customer, we reserve the right to remove or request the removal of such review from our website or third-party review platforms. Reviews may be considered for removal if they contain factual inaccuracies, defamatory content, or violate the guidelines of any review platform. Customers who post false or misleading reviews may be asked to amend or remove the review. In cases of defamation or legal violations, we reserve the right to pursue further action in accordance with applicable laws, which may include seeking legal remedies.
13. Right to Modify Terms
We reserve the right to modify or update these Terms and Conditions at any time. Any changes will be posted on this page, and the revised Terms will become effective immediately upon posting. You are responsible for reviewing these Terms periodically to stay informed of any changes.
14. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable.
Contact Information
If you have any questions about these Terms and Conditions, or if you need assistance with any issues related to our products or services, please contact us at:
Email: info.xanitys@gmail.com
Or directly on our Contact Us page: https://xanitys.com/pages/contact-us
We are happy to assist you with any issues or inquiries you may have.