Materials Provided by You
In connection with your use of the Site and the purchase of Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.ii. You warrant and represent that you have all necessary right to provide User Content and that User Content shall not and does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license (including moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our Site and Services.iii. You acknowledge and hereby grant to Designgix a royalty-free, irrevocable, non-exclusive, perpetual, worldwide right (including any moral rights) to use User Content, Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Service in any form, media, or technology now known or later developed. iv. You agree to back-up all of your User Content s o that you can access and use it when needed. Designgix does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Designgix and its subsidiaries and affiliates and its and their officers, directors, employees v. Revision cycles consist of additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. For logo design packages the revision cycles are constrained only to the selection you make from the initial samples. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; we reserve the right to charge additional fees for each such Revision. No revision work, which requires payment, will be started without your authorization. iv. You agree to provide timely responses to any status notifications that we send to you. You shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to respond, Designgix will assume that your project is complete and the project shall be deemed completed. At such time, Designgix will have no further obligation to you, and you will pay us pursuant to the provisions of this agreement. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice.
Your Account, Password and Security
In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or services.ii. You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Designgix will not be liable for any loss or damage arising from your failure to comply with this section. iii. Correspondence must be made through the account area as an obligation. Failure to communicate via account will give you insufficient justification to claim a refund. You may contact our customer support for any confusions or concerns related to the account area utility.It is obligatory for you to post your feedback only as a reply to the message thread created in your account area so as to keep the correspondence in one track. Opening up a new message thread, posting comments or emailing your feedback will cause mis-communication. Designgix shall not at all be responsible for any inconvenience, delays & mishaps caused due to these actions. Fees and Payments You agree to pay any and all fees and payments due for Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.ii. Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. Designgix will not be liable to you or any third party regarding these Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement otherwise you waive any right to dispute any such discrepancy.iii. If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. iv. If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that we may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any Services registered or renewed on your behalf. iv. If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service. v. You agree that the payment plan facility is only for packages with website services & varies strongly relying on the case. For all other packages you are obliged to pay the complete amount up front. You must provide significant proof to qualify for the payment plan. You acknowledge that in case of order cancellation, the initial payment made upfront shall not be refundable.
You agree to that the following may subject to additional charges: i. Opting for a rush delivery of samples ii. Requiring additional design concepts other than the finalized artwork iii. Requesting changes after artwork finalization or project completion iv. Deviation in scope of work from the initially submitted brief v. Third party integration & complex database development.
Delivery of Final Product
All final files will be delivered through the account area within 24 to 48 hours of order confirmation. To enhance the quality of logos, Designgix offers its artwork in CMYK color tones which adds more depth to the precisions. The formats we deliver are print ready, web ready, customizable & stretchable. As a final product for logos and print items, we deliver complete vector formats along with color codes and font files. For website & social media, we provide complete source files along with high resolution images. For videos, we share the standard formats (mp4, mov, flv, etc.). However, we also cater to customers with specific format requirements. For SEO, you get a comprehensive weekly report highlighting your search engine rankings. Designgix keeps a record of all delivered final files and can provide them upon request at a later point in time. i. You acknowledge that the urgent delivery is only for the initial set of samples. Revisions will be delivered as per the standard turnaround time of 48 to 72 hours depending upon the complexity of the requested changes unless a rush delivery is requested for the revision as well. ii. The standard turnaround time for delivery is 48 to 72 hours. However, this may vary for illustration designs, video animation, 3D designs, website development & certain print items depending upon the complexity of the requested changes. The final product delivery does not apply to SEO services.
Content Management System
You agree that once the login details are handed over to you for the content management system upon project finalization, Designgix will not be accountable for any changes or errors to your website & will not provide any technical support.
Whether, it is social media, your own website, review based websites, online forums or community, You agree that you will not defame Designgix on any grounds. All matters in case of discomfort with the company or its services shall be notified immediately to the customer service department.
You acknowledge that Designgix shall not be liable to resolve any issues or conflicts reported on third party websites other than the ones documented through the account area. Intellectual Property You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or services constitute intellectual property owned by Designgix and its affiliates and/or licensors (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind. Termination.
Designgix reserves the right to immediately terminate the Service for reasonable cause, including but limited to (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement; (iv) requests by law enforcement or other government agencies; (v) we cease to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) we conclude in our sole discretion that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective. Your information will be retained by Designgix until order completion or cancellation so as to offer you services, maintain compliance to our legal responsibilities, solve any disputes & to enforce our agreed terms.
If you are not satisfied with the initial design Responses provided by Designgix , you may request to have a re-draw of a brand new set of logo designs. If ‘Initial Concepts’ presented to the client are not satisfactory and up to their expectations, the client is eligible to ask for a refund. You may cancel your Service at any time within 30 days. Upon timely receipt, Designgix will refund the total payment made by you on the logo design package purchased. However, you shall forfeit the right to the refund outlined below if you request additional revisions (1 or more design changes regardless of the complexity) or modifications to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from us, as described above. There are no refunds for any rush service charges. 24 hour design fees and 24 hour rush changes are non-refundable. No refund is available for design firms or for those who order our design services on behalf of another entity. If an order cancellation request is posted prior to the delivery of initial concepts, you are eligible for a refund. In case of a duplicate charge, the 100% amount will be returned. If design requirements are not fulfilled, committed at the time of sale or the designs are not delivered in accordance with the delivery policy, though a proof is required for such commitment, refund can be claimed. You agree that for bundle packages (for e.g. Logo, Stationary, Website, Social Media and Brochure) refund will be as per the services availed. If there is any discontinuation with certain service included in the bundle package, then the refund must be claimed before the initiation of that service.ii. All refund requests should be properly documented & must be communicated through the account area along with the reason for dissatisfaction. You agree to a 10% processing fee deduction from the order amount when the refund is processed. Refunds are issued within 8 to 10 business days from the day that the cancellation was requested. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same. All sections of this Agreement which, by their nature, shall survive termination, shall survive including payment, indemnity and the disclaimers of warranty and limitations of liability.
The Service, including all logos, prints, websites, SEO, videos, social media and complete branding, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Designgix makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, or Responses) that are communicated through, or posted to, the Service, nor does Designgix endorse any opinions expressed by any user of the Site. Without limiting the foregoing, Designgix makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these TOU. You acknowledge that any reliance on information or other material, including, without limitation, any information related to your project, communicated through the Service, or posted to the Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Designgix shall not be responsible for any use of photos that are not royalty free. It is the Customer’s responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Designgix .
Limitation Of Liability
Designgix is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Content. Designgix and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site or the Services, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site; any viruses, worms, bugs or the like which may be transmitted to or from the Site; (vi) any User Content or conduct that violates this Agreement; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by Designgix , even if advised of the possibility of such damages. Designgix ’s liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair or adjustment of the Service, or (ii) where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the Service which were non-performing. For any product or Service we provide to you, the aggregate liability of Designgix its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the service actually paid to Designgix . In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Designgix ’s aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred. Designgix is not responsible for the way content is being used or is not being used by any party. The website may contain links to third – party websites or other services known as “The Linked Content”; the linked content is not the responsibility of Designgix to be handled or changed or be used in any way. The service and the responses are provided “as is.” Branded Logo Designs”. Makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the web site, including any part thereof, or any website or other content or service that may be accessed directly or indirectly through the website, including any term sheet, response, user identity or linked content. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
You shall indemnify, defend and hold Designgix , its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Site or any Service ordered via the Site including but not limited to your violation of the Agreements or policies found on the Site or infringement of any third party proprietary rights by you.
Jurisdiction And Governing Law
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of California without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or services offered via the Site will be brought in the state or federal courts located in California. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
Designgix shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of nature, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.
General Support Services
Designgix will provide you with free phone support and support via live chat for issues relating to your use of the Site or to your design project. You may contact our support services by dialing (430) 901-1323 daily, between 9:00 am and 5:00 pm EST, or email us at [email protected] Our mailing address is Designgix , 4167 Pine Garden Lane, Atlanta, GA, 30339.