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: June 23, 2023   |   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 rights in our content, and the laws that apply to our company.

Please read these terms carefully before using the services provided by Simtech™. By accessing and using the services, you are agreeing to our terms.

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.
  • 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 using our services.
  • Services - "Services" or "services" refers to any products or services provided by Simtech™ such as strategy, branding, website design, digital marketing, training including our website (https://www.simtech.com.ng).
  • Content - Content refers to any kind of material include text, graphics, images, audio, video, audio-visual, interaction, software and files, created for the purpose of education, information or entertainment.

Simtech Creative™ Terms

These terms apply to Simtech Creative™ website and 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 the 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 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™. If you do not accept all of these terms, 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 these terms. If you do not have such authority, or you do not agree with any part of the terms, you may not use the services.

Update to terms

Simtech™ may update this terms of service at any time. The most current version of the terms will be posted on our website.

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

What we expect from you

  • Comply with these terms and applicable laws.
  • Don’t attempt or do anything inappropriate to yourself, others or the services.
  • Review and comply with notices sent by Simtech™ concerning its services.

Although we give you permission to use our services, we retain any rights we have in our services.

Content in Simtech™ services

Simtech™ content

Our services include content, that belongs to us. For example, our branding (logo, brand name, text, etc) on our website, or our scripts, strategies or trade secrets in logo design, branding, website design or marketing services we provide you.

  • We will ensure our content is appropriate and lawful, and we have all necessary rights to such content.
  • If you learn of any inappropriate or unlawful content, 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 services, 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.
Permission to use our content

Simtech™ may offer you strategy, logo design, copywriting, branding, website design, social media marketing, SEO, training or any other services. We retain any rights that we have our content and services, you do not acquire any intellectual property rights in the services by using them. However, Simtech™ grant you:

  • A worldwide, non-exclusive, personal and non-transferable license.
  • Fair use right.
  • You must not use our services in any way that is inappropriate or unlawful.
  • 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 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 may not alter, sell or lease any part of our services without the written consent.
  • Do not alter our company name, logos or any of our branding, or legal notices on our services. If you want to use our branding, please see the Simtech™ Brand Permissions page.
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, 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.
  • 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 the 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

Finally, 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

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

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 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.

Our liability is limited to the amount you paid for the services and apply to the fullest extent permitted by law.

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™.

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: April 10, 2024   |   Download PDF

Definition of terms for our website - Simtech Creative™

When we speak of "Simtech”, "Simtech Creative", "Simtech™”, "Simtech Creative™", “we”, “us”, and “our”, we mean Simtech Creative Limited and its affiliates.

Services refers to any products or services offered by Simtech™ such as strategy, branding, website design, digital marketing, training, including our website (https://www.simtech.com.ng).

Services refers to any products or services offered by Simtech™ such as strategy, branding, website design, digital marketing, training, including our website (https://www.simtech.com.ng).

Site refers to our website or Web App.

“You”, “your”, "user" or "people" refers to any individual or organization (a legal entity such as business, company, school or non-profit) and its affiliates using our services.

Organization is a legal entity such as business, company, school or non-profit (not an individual).

Entrepreneur is a person who starts and runs a business with the aim of maing profit.

Services refers to any products or services offered by an individual or organization.

Non-personal means something that is not related to a specific person or their feelings.

Personal means something that is related to a specific person or their feelings.

Information is a processed data that has meaning. It can be facts, ideas, or instructions that can be communicated in various ways, like texts, graphics, images, audios, videos, or even files.

Content refers to any kind of material include text, graphics, images, audio, video, audio-visual, interaction, software and files, created for the purpose of education, information or entertainment.

Appropriate mean suitable, civil, social, moral or generally accepted standards.

A code of conduct is a set of rules that outlines expected behaviour for a group or organization.

Inappropriate means unsuitable offensive, harassing, abusive, harmful, hateful, stalking, misleading, defrauding, defaming, illegally impersonating, pornographic, spamming.

Alter means to change, modify, obscure, reproduce, reformat, restructure, adapt, transform, translate, create derivative works from or otherwise.

Share means to communicate, publish, distribute, disseminate, transmit, display, transfer, assign, broadcast or otherwise.

Sell refers to the act of exchancing for money or its equivalent. This include to trade, rent, lease, license, franchise, transfer, assign, merge, advertise, barter or otherwise.

Store means to save, host, preserve, hold or keep in any format.

Channel refers to any medium use for sharing such as website, email, social media, telephone, television, radio, in-person, print, any medium now known or developed in the future.

Rights are legal, social, ethical, or moral entitlements including copyright, trademark right, intellectual property right, privacy right, data protection right.

Lawful means legal, ethical, without violating or infringing any third-party, not a subject of any threat, legal proceedings or other similar complaint in any jurisdiction.

Unlawful means unethical, illegal, violating or infringing third-party, capable of giving rise to threat, legal action or similar complaint against a person or organization.

Applicable laws refer to rules, regulations, sanctions and permits including consumer protection laws, intellectual property laws, tax laws, human trafficking laws, export control, data protection and privacy laws.

Personal means doesn’t extend anyone else.

Transferable means allowed to assign to someone else.

Non-transferable means not allowed to assign to anyone else.

Sub-licensable means the ability to grant sublicenses.

Worldwide means valid or relevant anywhere in the world.

Non-exclusive means that we can license our services to others.

Non-exclusive means that you can license your content to others.

Royalty-free means there are no monetary fees for this license.

Retained rights refers to any specific rights that we preserved after a content or project is transferred. For example, we may feature logo design we did for a client on our website or social media platforms.

Perpetuel refers to the right that is indefinite or without expiring date.

Fair use is a legal doctrine that allows limited use of copyrighted material without permission for specific purposes such as criticism, comment, news reporting, teaching, scholarship, and research

Core Web Vitals are a set of metrics that measure the loading time, interactivity, and visual stability of web pages. They are used by Google to rank web pages in search results.

Web standards are the formal, non-proprietary standards and other technical specifications that ensure web pages are accessible to everyone, regardless of the device or browser they are using.

HTML (HyperText Markup Language) is the foundation of all web pages. It is used to define the structure and content of a web page.

CSS (Cascading Style Sheets) is used to control the appearance of web pages. It can be used to change the font, color, size, and layout of elements on a web page.

JavaScript is a programming language that can be used to add interactivity to web pages. It can be used to create animations, pop-ups, and other dynamic features.

PHP (Hypertext Preprocessor) is a server-side scripting language that is used to create dynamic web pages and web applications. It is a popular language for developing WordPress websites.

WordPress is a content management system (CMS) that is used to create and manage websites. It is a popular CMS for creating blogs, news websites, and e-commerce websites.

JSON (JavaScript Object Notation) is a lightweight data-interchange format. It is often used to transmit data between web server and browser.

Structured data is a way of organizing data so that it can be easily understood by machines. It is often used to markup web pages to enable search engines index, rank and display them better.

Ranking is the process by which search engines determine the order in which websites appear in search results. There are many factors that affect ranking, including the quality of the content, the number of backlinks, and the use of structured data.

API

API (Application Programming Interface) is a set of routines, protocols, and procedures that allow two pieces of software to communicate with each other. APIs are often used to access data from a remote server.

Website

Website is a collection of web pages that are linked together and accessible via the internet. It can be used to provide information, sell products or services, or connect with others.

Web app is a software application that is delivered over the internet. It is typically accessed through a web browser and do not require installation on the user's computer.

User Interface (UI) is the way that users interact with a website or app.

User Interface (UI) design is focused on making the product or service visually appealing, easy to use and understand.

User Experience (UX) is the overall experience of using a website or app.

User Experience (UX) design is focused on making the product or service easy to use, engaging, and enjoyable.

Web experience refers to a user's overall interaction with a website. This includes how fast the site loads to the visual design and finding useful information.

Wireframe is a visual representation of the layout of a website or app. It is used to plan the structure and functionality of a website or app.

Prototype is a detailed representation of a website or app. It is used to test the funtionality and usability the website or app.

Low fidelity prototype is a prototype that does not include any graphical elements. It is often used to quickly test ideas and concepts of a website or app.

High fidelity prototype is a prototype that looks and feels like the final product. It is typically used to test the usability and functionality of a website or app.

User flow

User flow is a diagram that shows the steps that a user takes to complete a task on a website or app. It is used to identify potential problems and improve user experience.

Sitemap is a diagram that shows the structure of a website. It helps users navigate a website and to improve the website's search engine ranking.

Hierarchy is the arrangement of elements in a way that creates order and structure. It can be used to organize information to make it easy to understand and navigate.

To ideate means to generate new ideas for a product or service.

To sketch means to draw an outline of an idea.

Conversion-optimized means that a website is designed to increase a visitor's desire to take action, such as making a purchase or signing up for a newsletter.

Call to action (CTA) is a phrase or button that prompts users to take a specific action, such as clicking a link, signing up for a newsletter, or making a purchase.

Multi-channel is the use of various channels to reach a target audience. This could include traditional such as print, television and radio, as well as digital such as search engine, social media and email.

Multi-channel marketing is the use of various marketing channels to reach and engage customers. This could include print, television, radio, search engine, social media and email marketing.

Strategy is a long-term plan for achieving a specific goal. A marketing strategy typically includes goals, target audience, high-quality content, channels, budget, and tactics.

A marketing strategy is a long-term plan for achieving marketing goal. It includes goals, target audience, high-quality content, channels, budget, and tactics.

Social media strategy is a plan for using social media platforms to reach and engage with target audience. It typically includes goals, target audience, content creation, and monitoring.

Search engine optimization (SEO) strategy is a long-term plan for improving a website's or Google Business Profile ranking in search engines.

Search engine marketing (SEM) strategy is a plan for using search engine advertising platforms to reach and engage with target audience.

Search engine strategy is a plan for using search engine optimization and advertising platforms to reach and engage with target audience.

Email strategy is a plan for using email marketing to communicate with and nurture leads and customers. It typically includes goals, target audience, email list building, and email content creation.

Tactics are the specific actions that are taken to implement a strategy or achieve a goal. In marketing, tactics might include SEO, social media, email, and display advertising.

Social media tactics are the specific actions that are taken to implement a social media strategy. They might include content creation, optimization, advitising and monitoring.

Search engine optimization (SEO) tactics are the specific actions that are taken to implement an SEO strategy. They might include keyword research, content creation and optimization, and link building.

Email tactics are the specific actions that are taken to implement an email strategy. They might include list building, content creation, and marketing automation.

Search engine marketing (SEM) tactics are the specific actions that are taken to implement a search engine advertising strategy. They might include ad copy creation, targeting, and bidding.

Search Engine Optimization (SEO) is the process of improving the ranking of a website in search engine results pages (SERPs).

Social media marketing (SMM) is the use of social media platforms like Facebook, Instagram, and LinkedIn to promote a product or service.

Content marketing is a strategy that involves creating and sharing valuable content to attract, engage, and retain a target audience.

SEM

Search engine marketing (SEM) is a broader term that encompasses SEO as well as paid advertising on search engine.

PPC

Pay per click (PPC) is a type of advertising on search engine where you pay every time your content is clicked by users.

Brand is a name, symbol, design, or any other identifying feature that are used to distinguish one product or service from another.

Great brand is a business or company that is instantly recognizable, memorable, and appealing to its target audience.

Memorable brand is a business or company that comes to mind first when people think about anything relating to its products or services.

Brand identity consists of the visual and verbal elements that represent a business such as name, logo, colors, fonts, images and tone of voice.

Brand asset is any tangible or intangible element that help a company build and maintain its identity. They include the name, logo, tagline, colors, fonts, and imagery.

Brand image is the perception, belief and impression that customers have for your business or company.

Brand heart defines who a brand is, what they stands for, the guiding principles that shape their behaviour and decision-making.

Brand values are the guiding principles that shape a brand's behaviour and decision-making.

Brand message is a concise and clear statement that captures the essence of what the brand stand for and the values it offers.

Brand story is the narrative of a company; its vision, mission and values. It explains how and why a brand exists.

Storytelling is the art of using stories to communicate a message. Brand storytelling uses narratives to create an emotional, value-driven connection between customers and the company.

Brand positioning defines how your brand is distinct from competitors and how it fulfills a specific need or desire in the market.

Brand personality determines the tone of voice, style, and manner in which your business communicates.

Brand reputation is the perception and opinion that customers, stakeholders, and the general public hold about a company.

Brand loyalty involves creating a strong connection with customers, leading to repeat business and advocacy.

Brand experience is the overall interaction customers have with a business at every touchpoint.

Brand strategist is a professional who helps businesses develop and implement their brand strategy.

Brand strategy refers to the comprehensive, long-term plan that outlines how a brand will achieve its goals and objectives.

Brand designer is a professional who creates visual elements such as logos, typography, colors for brands.

Brand design is the process of creating the visual identity of a brand. This includes the logo, typography, colors, and overall look and feel of the brand.

A mission statement is the road map between your purpose and vision. It’s what drives you every day to do work that matters; it activates the strategy that delivers results and creates impacts for your brand.

Audience is a any group of people who are exposed to a company or buisness marketing messages.

Target audience is a group of people who are most likely to be interested in a product or service.

Consumers are people who buy and use products and services. They are the target of most marketing campaigns.

Consumer behavior refers to how individuals, groups, and organizations make decisions about what to buy, how much to spend, and where to buy.

Customers are people who have purchased a company's product or service.They are the group who have put their trust and money in a brand.

Lead is a potential customer who has expressed interest in a product or service.

Customer journey is the path that a customer takes from the time they first become aware of a product or service to the time they make a purchase.

Media planning is the process of determining the best way to reach your target audience with your marketing message.

Content distribution is the process of getting your content in front of your target audience and ensuring that it is easy to find and share.

Earned channels are platforms where your content is shared and promoted by others, without you having to pay for it. This includes social media, word-of-mouth, and press mentions.

Owned channels are platforms that you own and control, such as your website, blog, and social media pages.

Paid channels are platforms where you pay to have your content seen by others. This includes social media ad, PPC and display ads.

Key Performance Indicators (KPIs) are quantifiable goals that help us track and measure success of a project.

Market share is the percentage of the total market that a company controls. It is an important measure of a company's success.