Website Maintenance Contract & Agreement

Terms of Service & Privacy / GDPR Policy

The following website maintenance contract and terms and conditions govern all use of the N.Creative Studio website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by N.Creative Studio (“NCS″). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, NCS’ Privacy Policy) and procedures that may be published from time to time on this Site by NCS (collectively, the “Agreement”).

Please read this website maintenance agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this website maintenance agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by NCS, acceptance is expressly limited to these terms. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Description of Service

NCS provides users with access to a collection of resources, including various tools, training materials, and educational content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for NCS to provide the Service. You also understand and agree that the Service may include certain communications from NCS, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NCS properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that NCS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NCS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NCS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Member Account, Password, and Security

You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NCS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NCS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Payment and Renewal

  • General Terms
    By selecting a product or service, you agree to pay NCS the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
  • Automatic Renewal
    Unless you notify NCS before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time by reaching out to our support team.

6. Services

  • Fees; Payment
    By signing up for a membership account you agree to pay NCS the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. NCS reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time by clicking the link on your Profile page, or submitting written notice to NCS.
  • Support
    All subscriptions include access to support via the members-only Q&A Forum. “Support” means the ability to make requests for technical support assistance via the forum at any time (with reasonable efforts by NCS to respond within 3-5 business days) concerning the use of the NCS Services. All support will be provided in accordance with NCS standard services practices, procedures and policies.

7. Use License

  1. Permission is granted to temporarily view the materials (information or software) on NCS’ web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on NCS’ web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by NCS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

8. Disclaimer

The materials on NCS’ web site are provided “as is”. NCS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NCS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

9. Limitations

In no event shall NCS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on NCS’ Internet site, even if NCS or an NCS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Revisions and Errata

The materials appearing on NCS’ web site could include technical, typographical, or photographic errors. NCS does not warrant that any of the materials on its web site are accurate, complete, or current. NCS may make changes to the materials contained on its web site at any time without notice. NCS does not, however, make any commitment to update the materials.

11. Links

NCS has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NCS of the site. Use of any such linked web site is at the user’s own risk.

12. Trademark Information

All logos, product, and service names related to these TOS are trademarks of NCS (the “NCS Marks”). You agree not to display or use in any manner the NCS Marks without prior written permission.

13. Site Terms of Use Modifications

NCS may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

14. Governing Law

Any claim relating to NCS’ web site shall be governed by the laws of North Carolina without regard to its conflict of law provisions.


Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

1. Website Visitors

Like most website operators, NCS collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. NCS’ purpose in collecting non-personally identifying information is to better understand how NCS’ visitors use its website. From time to time, NCS may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

NCS also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on NCS blogs/sites. NCS only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

2. Gathering of Personally-Identifying Information

Certain visitors to NCS’ websites choose to interact with NCS in ways that require NCS to gather personally-identifying information. The amount and type of information that NCS gathers depends on the nature of the interaction. For example, we ask visitors who sign up at wpbuffs.com to provide a username and email address. Those who engage in transactions with NCS are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, NCS collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with NCS. NCS does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

3. Aggregated Statistics

NCS may collect statistics about the behavior of visitors to its websites. NCS may display this information publicly or provide it to others. However, NCS does not disclose personally-identifying information other than as described below.

4. Protection of Certain Personally-Identifying Information

NCS discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on NCS’ behalf or to provide services available at NCS’ websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using NCS’ websites, you consent to the transfer of such information to them. NCS will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, NCS discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when NCS believes in good faith that disclosure is reasonably necessary to protect the property or rights of NCS, third parties or the public at large. If you are a registered user of an NCS website and have supplied your email address, NCS may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with NCS and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. NCS takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

5. Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. NCS uses cookies to help NCS identify and track visitors, their usage of NCS website, and their website access preferences. NCS visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using NCS’ websites, with the drawback that certain features of NCS’ websites may not function properly without the aid of cookies.

6. Business Transfers

If NCS, or substantially all of its assets, were acquired, or in the unlikely event that NCS goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of NCS may continue to use your personal information as set forth in this policy.

7. Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by NCS and does not cover the use of cookies by any advertisers.

8. Privacy Policy Changes

Although most changes are likely to be minor, NCS may change its Privacy Policy from time to time, and in NCS’ sole discretion. NCS encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a ncstudio.co account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

GDPR Policy

What personal data we collect and why we collect it

Contact forms
If you fill out one of our contact forms, any information that you put into the contact form is collected to allow us to contact you in response to your contact form entry.

Checkout
If you fill out one of our checkout forms, any information that you put into the checkout form is collected to allow us to process your order and to contact you in response to your order.

Mailing List Signup Forms
If you fill out one of our mailing list signup forms, any information that you put into the mailing list signup form is collected to allow us to add you to our mailing list as you have requested by submitting this form.

Live Chat Forms
If you contact us via our live chat system on our website, any information that you put into the chat window is collected to allow us to communicate with you as you have requested by engaging in the live chat system.

Cookies
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

We do not share your data with any third party services or individuals directly. We only share data for the purposes of our own access and we do not authorize any third party services to access your information except with our express permission for the purposes of assisting us in accessing your information.

How long we retain your data

If you complete a purchase on our website, WordPress automatically creates an account for you in order to store your order data and create your subscription. This account information is stored indefinitely to allow us to keep accurate records of any data we are obliged to keep for administrative, legal, or security purposes.

If you fill out one of our contact forms, your data is stored in our website database indefinitely. Additionally, this information is stored in our website backups in Google Cloud for no longer than 90 days.

If you sign up for our mailing list, your data is stored in Mailchimp.com indefinitely, or until that data is determined to be no longer valid or necessary for us to contact you in accordance with our mailing list procedures.

What rights you have over your data

If you are a citizen of the EU/EEA and have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

If you are a citizen of the EU/EEA and have or have had a website maintenance plan with us, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Any information entered in to one of our contact forms is sent to us via email where we are able to read and respond to your message. This information is also stored in our website and sent to Google Cloud as part of our website backups for no longer than 90 days.

Any information entered into a mailing list signup form is sent to Mailchimp.com in order for us to send you our mailing list content.

Any information entered into our checkout forms is saved in our website. Your first name and email address are then sent to our New Customers list at Mailchimp.com so that we can send you the information that you need to know about your new care plan with us. Payment information is never stored in our website and is added directly to Stripe.com where they securely store your credit card information and name in order to process your payments. Stripe also shares your email address with Stunning.co in order to send you emails in the event of a failed payment or plan cancellation.

If you have or have had an active care plan with us, we process additional information on your behalf. In order to access your website for the purposes of website maintenance, your name, email address, website address, website login username, hosting login username and/or your business name may be stored in Asana.com which we use as our project management software. Passwords are not saved in cleartext format and are only saved in the LastPass software, which encrypts your passwords.

How we protect your data

We use two factor authentication in systems where we store any sensitive data such as passwords. This helps us to protect your information from unauthorized access by requiring more than just a username and password to access that information.

What data breach procedures we have in place

The third party services that we use to store data are equipped to monitor unauthorized access and share with us any known system breaches. These third party services include MailChimp.com, LastPass.com, ManageWP.com, Stripe.com, Stunning.co and Google.com.

Additionally, if, at any point, NCS becomes aware of a data breach through one of the third parties listed above, or by our own measures, we will immediately contact all affected parties and also take immediate action in accordance with the rules and regulations of the authority having jurisdiction.

Violations

Please report any violations of this website maintenance contract or these TOS by contacting us.