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Terms of service

This terms of service is meant to help you understand how we operate, our relationship with you, what we expect from you, and the laws that apply to our company as you use our services.

Last updated: May 21st, 2024   |   Download PDF

This Terms of Service (Terms and Conditions, Terms of Use, Terms) reflect how Simtech Creative™ operate, our relationship with you, what we expect from you, your right in our services, and the laws that apply to our company.

Please read these terms along with the following policies and the applicable services agreements, which are incorporated by reference herein carefully before using the services provided by Simtech Creative™. By accessing and using the services, you are agreeing to them.

Definitions in these terms

  • Service provider - Simtech Creative™ services are provided by Simtech Creative Limited (RC Number: 1813238), organized and operating under the laws of Nigeria. When we speak of "Simtech Creative™", "Simtech™”, "Simtech Creative", "Simtech”, “we”, “us”, and “our”, we mean Simtech Creative Limited and its affiliates also known as "Licensor" (the licensor) in this agreement.
  • You - "You” “your” or "user" refers to any individual, or organization (a legal entity such as business, company, school or non-profit) and its affiliates, also known as "Licensee" (the licensee) using our services.
  • Services - "Services", "services" "the services" or "our services" refers to any products or services provided by Simtech™ such as strategy, logo design, branding, website design, digital marketing, training, including our website (https://www.simtech.com.ng).
  • Content - Content refers to any kind of material include texts, graphics, images, audios, videos, audio-visuals, interactions, softwares, files, works of authorship of any kind, and information or other materials that are created, generated, provided or otherwise made available through the services

Simtech Creative™ Terms

These terms apply to Simtech Creative™ services only, they do not apply to third-party websites or services (not owned or controlled by us, for example: Google, Facebook, or Twitter). We do not take responsibility for their terms and conditions.

Age requirements

  • You must be 18 years of age or older in order to use our services. If you are under 18 years of age, you warrant and represent to us that you have your parent or legal guardian’s permission to use our services.
  • If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.

Acceptance of terms

  • These terms, along with the following policies and the applicable services agreements, which are incorporated by reference herein, govern your use of our services, and you agree to be bound by them when using the services, notwithstanding any other agreement you may have with Simtech Creative™.

    The following general policies apply to all our services:

    You can also find the additional agreements that apply to particular products and services:

    If you do not accept all of these terms and policies, then you do not have permission to use the services.

  • If you are using the services on behalf of an organization, you warrant and represent to us that you have the authority to bind them to this agreement (and those additional agreements and policies incorporated by reference). If you do not have such authority, or you do not agree with any part of the terms or policies, you may not use the services.
  • If, after acceptance of these terms and policies, and we find that you do not have the legal authority to bind the said organization, you will be personally responsible for the obligations contained in this agreement and any/all related agreements that you enter into based on the services you use, including but not limited to the payment obligations.
  • By using the services, you represent and warrant that you are not a person barred from using the services found under the laws of Nigeria or other applicable jurisdiction.
  • You further agree to be bound by these terms, and any other agreement and/or policies required by the services. These terms are in addition to (not in lieu of) any specific agreement that apply to the particular services.

Update to terms

Simtech™ may update these terms and/or other policies required by our services at any time. The most current version will be posted on our website.

Your continued use of the services after such modification constitutes your acceptance of the updated terms and policies. Please, ensure you review our terms, policies and agrrements periodically to be aware of any changes.

What we expect from you

  • Comply with these terms, our policies, any specific agreements that apply to the particular services in our ecosystem, and applicable laws.
  • Don't do or attempt anything inappropriate to yourself, others, or the services.
  • Refrain your interest of ownership from Simtech Creative™ rights, trademarks, patent, trade secrets, branding or services.
  • Review and comply with all the terms, policies and notices published by Simtech Creative™ on our website concerning our services.

Simtech™ content and services ecosystem

Simtech™ content and services

Our services we provide you may include strategies, frameworks, texts, graphics, designs, interfaces, interactions, audios, videos, scripts, trade secrets, proprietary information and material (collectively 'content'), that is owned by Simtech Creative™ and its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.

For example, our trade secrets in our data-driven strategy services, facilitiated framework in our logo design services, design thinking approach in our branding services, the scripts in our website design services, or our branding (logo, brand name, copywriting, etc) on the services we deliver to you.

  • We will ensure the content in our services are appropriate and lawful, and we have all necessary rights to such content in our services.
  • If you learn of any inappropriate or unlawful content in our services, become aware of any unauthorized use of our content, or activity that breaches these terms, you may inform us immediately.
  • To ensure credibility, we may periodically review our content, and for any reason at any time, add, alter or remove any content from the services.
  • We reserve the right to suspend, restrict access or alter the functionality of any part of our services. For example, we may suspend access to our website during server maintenance or updates.

Licence and usage rights

Your use of our services must follow the licence and usage set forth in this section "Licence and usage rights". Any other use of the services is a breach of this agreement. Simtech Creative™ may monitor your use of the services to ensure that you comply with these licence and usage rights.

When we offer you brand strategy, logo design, copywriting, branding, UI/UX design, website development, social media marketing, SEO, training or any other services, we retain any rights that we have our services. You do not acquire any intellectual property rights by using our services.

Licence rights

Notwithstanding anything to the contrary in this service agreement, Simtech Creative™ grant you:

Usage rights
  • Fair use right.
  • You must use our services in appropriate or lawful ways.
  • It is your responsibility to use our services for the good of yourself, and/or your organization and the general public.
  • It is your responsibility not to lose, destroy, or damage content in our services once delivered. For example, when a logo design file is delivered to you, we encourage you to back up such file in a safe and retrievable place. You can use your gmail account or cloud storage if you have one.
  • Don't do or attempt anything inappropriate or unlawful to yourself, others, or the services.
  • You must not tamper, unbundle, decrypt, decipher or modify any propriety infomation, code or content, or legal notices or branding (company name, logo, copywriting etc) that is included in our services.
  • You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the services in compliance with this agreement.
  • You must not attempt to hack, decrypt, decipher any communications sent by or to our services, circumvent or bypass any access restriction, authentication, processes, security systems or protective measures.
  • You must not link our services to any spyware, computer virus or malicious software, keystroke logger, or web page content that if it were posted on our website, may breach the provisions of these terms.
  • You must not take any action that may cause damage or impairment of the bandwidth storage, processing capacity, performance, availability, accessibility, integrity or security of our services.
  • You may not sell or lease any part of our services without the written consent from Simtech Creative. You agree not to exploit the services in any manner not expressly authorized.
  • You must refrain your interest of ownership from Simtech Creative™ rights, trademarks, patent, trade secrets, branding or services.
  • It is your responsibility to review and comply with all the terms, policies and notices published by Simtech Creative™ on our website concerning our services.
  • Simtech’s delivery of services does not transfer our rights to you, and does not constitute a grant or waiver of any of our rights including but not limited to copyright, trademarks, patent and trade secrets, are owned and preserved by Simtech™. You do not acquire any intellectual property rights in the services by using them.
  • The Simtech Creative™ branding: "Simtech™”, "Simtech Creative™", "Simtech”, "Simtech Creative", logos, trademarks, wordmarks, service marks, graphics, and copywriting, used in connection with the services are trademarks of Simtech Creative™ in Nigeria, and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
  • The third-party registered and unregistered trademarks or service marks on our services are the property of their respective owners, we do not endorse nor affiliate with any of the holders of any such rights and as such, we do not grant you any of their rights or licenses.
  • You must have our written consent to use our branding. Please see the Simtech™ Brand Permissions page.

  • You can also find the additional usage rights that apply to particular products and services:

Although we give you licence and usages rights in use our services in accordance with these terms, we retain any rights we have in our services.

Your content in our services

Some of our services may allow you to share your content for the purpose of registration, communications, processing, promotion or otherwise. You acknowledge and agree that:

  • Your content is appropriate and lawful, and you have the necessary rights to share such content.
  • Your registration and account shall be personal. If you share such account or authorize any third-party to manage it on your behalf, this shall be at your own risk.
  • You are responsible for your content, and the confidentiality and security of your account including your username and password.
  • To ensure credibility, we may periodically review your content, and for any reason whatsoever in our sole discretion, alter or remove your content from our services.
  • If you learn of any inappropriate or unlawful content, become aware of any disclosure or unauthorized use of your content, or activity that breaches these terms, you may inform us immediately.
  • Simtech™ has no obligation to retain or provide you copies of your content.
Permission to use your content

You own your content, and retain any rights that you have in it. However, when you share your content through your use of the services, you give us permission if your intellectual property rights restrict our use of your content, and grant Simtech™:

  • A worldwide, royalty-free non-exclusive, transferable and sub-licensable license.
  • The rights to share your content in whole or in part, including without limitation for providing, promoting and redistributing part or all of our services (and derivative works thereof) in any formats and through any channel, without any further consent, notice and/or compensation to you or to any third-parties.
  • Without prejudice to Simtech Creative™ other rights; if you breach or we reasonably suspect that you have breached, any of our terms, we may unpublish, remove or delete all your content from our services.
  • If you think someone is infringing your rights, you can send us notice of the infringement and we’ll take appropriate action.
Other content

We may feature content of other people or organizations in our services. For example, a customer's testimonial or business image on our website.

  • You may not use such content without their permission, or as otherwise allowed by law. The views and values expressed by others are theirs, and don’t necessarily reflect ours.
Links to other websites

Our services may contain links that give you access to third-party websites or services (not owned or controlled by us).

  • Simtech™ do not assumes responsibility for any third-party's content, offerings, practices, services, websites, terms or policies.
  • We strongly advise you to read the Terms of Service (Term and Conditions or Terms of Use), and Privacy Policies of any third-party before using their services.
  • You agree to defend, indemnify and hold harmless Simtech™ from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from, arising out of or in connection with (a) your use of any such third-party websites or services, (b) a breach of these terms.

We value our people

We may share testimonials, links or case studies of our users, clients, team, partners or affiliates (collectively "our people") on the services. You must not contact or communicate with them, nor use any individual or organization with the intention of:

  • Doing or attempting to do anything inappropriate or unlawful to them.
  • Exploiting, manipulating or convincing any of them to buy or sell an item, product or service.
  • Threatening, intimidating or hindering any of them involved in an active or completed transaction to warn them away from purchasing or retaining our services.
  • Profiling or blackmailing them to collect any information, content, compensation or payments.
  • You agree to defend, indemnify and hold harmless Simtech™ from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from, arising out of or in connection with (a) your contact or communicate with of any of our people, (b) a breach of these terms.

Intellectual property

All our services and its original content, features and functionality are and will remain the exclusive property of Simtech Creative™ and its licensors.

  • All intellectual property rights in the services, including but not limited to copyrights, trademarks, patent and trade secrets, are owned and preserved by Simtech™. You do not acquire any intellectual property rights in the services by using them.
  • The services are protected by copyright, trademark, intellectual property rights, and other laws of both Nigeria and foreign countries. Our intellectual property may not be used in connection with any product or service without the prior written consent from us.
  • Our brand name "Simtech™”, "Simtech Creative™", "Simtech”, "Simtech Creative"; logo, wordmark and other registered and unregistered trademarks belong to us; we give no permission for the use of them, and such use may constitute an infringement of our rights.
  • The third-party registered and unregistered trademarks or service marks on our services are the property of their respective owners, we do not endorse nor affiliate with any of the holders of any such rights and as such, we do not grant you any of their rights or licenses.
  • all the copyright, patent and intellectual property rights on our services are reserved

Copyright

Unless otherwise noted, the services and content provided by Simtech™ are copyrights of Simtech Creative Limited, its subsidiaries and licensors.

If you believe that any content available through the services infringe a copyright claimed by you, please contact Simtech™ at:

Simtech Creative Limited
Attn: Copyright Notice
Naomi Shopping Mall,
7 Airport Road Effurun,
Warri, Delta State, Nigeria.
Phone: +234 706 1839 068
Email: support@simtech.com.ng

Privacy

Simtech™ respects your privacy. Please refer to our Privacy Policy for more information about how we collect, use, and share your personal information.

Warranty

We use reasonable care and apply design thinking to do good work that win people's hearts and move businesses forward, but it is not a warrant that all our services will operate without fault. If we don’t meet the quality standard (an assurance that service will perform to a certain standard), you agree to tell us and we’ll work with you to try to resolve the issue.

Disclaimers

The only commitments we make about our services (including the content, functions, reliability, availability, or ability to meet your needs) are provided in the Warranty above.

Limitation of liability

To the extent not prohibited by law, in no event shall Simtech Creative™, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive accident, injury or damages, including without limitation, loss of profits, capital, revenues, business opportunities, anticipated savings, personal injury, data, use, goodwill, or other intangible losses, resulting from or in connection with

  1. your access to or use of or inability to access or use the services;
  2. any conduct or content of any third-party on the service;
  3. any content obtained from the services; and
  4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred naira only (₦200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Termination

We reserve the right to discontinue, suspend, cancel or alter any or all of our services for any reason and at any time; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of our services. This is without prejudice to your rights in respect of any uncompleted project or other existing liabilities of Simtech™.

  • If we cancel or terminate any services you have paid for but not received, and you have not breached these terms, we will refund you in respect of the same.
  • If you cancel or terminate any of our services, you will pay for any services that have already been rendered up to the date of cancellation.

Indemnification

You agree to defend, indemnify and hold harmless Simtech Creative™, its directors, employees, partners, agents, suppliers and affiliates harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of or in connection with your use of the services.

Governing law

These terms shall be governed by and construed in accordance with the laws of the Delta State, Nigeria, without regard to its conflict of laws provisions.

Any disputes arising out of or relating to these terms or any related services will be resolved exclusively in the federal or state courts in Warri, Delta State, Nigeria, and you and Simtech™ consent to personal jurisdiction in those courts.

Entire agreement

These terms constitute the entire agreement between you and Simtech™ with respect to your use of the services. These terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Waiver

No waiver of any provision of these terms shall be effective unless in writing and signed by Simtech Creative™.

Severability

If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck from these terms and the remaining provisions shall remain in full force and effect.

Assignment

You may not assign these terms without the prior written consent of Simtech™. Simtech™ may assign these terms at any time.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person or by email upon business day.

About this terms of services

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

If you violate these terms, and we don’t take action immidiately, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update the terms anytime, and the current version on our website shall apply and supersede any and all previous versions, including but not limited to, soft or hard copy. So, we advise you to review the terms and privacy policy periodically to stay updated.

If you don’t agree to our terms, you should stop using the services.

Contact information

If you have any questions about these terms, please contact us.

These terms was last updated: May 21st, 2024   |   Download PDF