Introduction

Information on the parties involved

All projects or services (“the work”) that DESIGNDUDE (“we”) (Designdude Co, 118 Albany Rd, Stanmore 2048) may be ​contracted to produce or provide for CLIENT (“you”) will be subject to—and you the undersigned agree to the following:

1. Payment

CLIENT agrees to pay DESIGNDUDE in accordance with the terms defined in this document. All payments are non-refundable. ​DESIGNDUDE reserves the right to refuse completion or delivery of work until past due balances are paid.

The CLIENT understands that credit card processing services, and any other businesses not owned by DESIGNDUDE are not ​parties to this contract and are separate business entities from DESIGNDUDE.

CLIENT further agrees that, upon registering for the services, CLIENT authorizes DESIGNDUDE to automatically charge ​CLIENT’s method of payment (e.g. credit card or bank draft) for the fee on each anniversary of design service registration ​date.

Payment of the fees shall be in such amounts and at such times as set forth by DESIGNDUDE through information provided to ​CLIENT.

CLIENT’s account and access to the services may be suspended in the event of non-payment of applicable fees. CLIENT ​represents and warrants to DESIGNDUDE that such payment information is accurate and that CLIENT authorized to use the ​payment instrument. CLIENT will promptly update your account information with any changes (for example, a change in your ​billing address or credit card expiration date) that may occur.

DESIGNDUDE may change its fees from time to time with 7 days’ prior notice. No advance notice is required for temporary ​reduced prices.

Associated Fees

There is one way to pay for the subscription— monthly.

• MONTHLY: CLIENT will pay a monthly fee.
  

Pausing Subscriptions

CLIENT can pause the design service subscription account at no extra charge. This will temporarily halt the automatic ​invoicing and payment withdrawals of the normal subscription fee. CLIENT will not be able to create a design request or make ​revisions on any pending projects once the account is paused.

Once an account is paused, this is an immediate and automatic action.

Unused time from the subscription will be credited when the account is reinstated. When CLIENT reinstates the account, the ​full amount of the subscription will be charged except for any possible remaining credit.

What Cancellation Means

CLIENT may cancel the subscription with DESIGNDUDE at any time. Upon cancellation, CLIENT will continue to have access to ​the DESIGNDUDE services and design files through the end of the paid billing term.

Cancelled accounts also will not have the ability to submit a design request or a design revision once the billing term has ​ended. All files associated with the CLIENT account will be deleted upon cancellation. It is DESIGNDUDE’s responsibility to ​hand off all files before cancelling the account.

About Refunds

All payments are non-refundable. There are no refunds for unused time on any subscription package for any reason.

2. No Guarantee

DESIGNDUDE makes no representations, warranties or guarantees for any recommendations of other business partners, such ​as printers. The CLIENT understands that the DESIGNDUDE has no control over the final printed product or availability of ​services due to the actions or inaction of a third party including third party applications.

DESIGNDUDE 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, DESIGNDUDE does not warrant or make any representations concerning the accuracy, likely results, reliability of the ​use of the materials on its internet website otherwise relating to such materials or the security of the website. It is the ​CLIENT’s responsibility to immediately notify DESIGNDUDE if their account has been compromised in any way.

3. Electronic Commerce Laws

The CLIENT agrees that CLIENT is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to ​CLIENT’s website or any other services contemplated herein, and will hold harmless, protect, and defend DESIGNDUDE and its ​subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the CLIENT’s exercise of Internet ​electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Additionally, while DESIGNDUDE strives for compliance with Internet laws, such as the General Data Protection Regulations ​(GDPR) for privacy policy best practices, the DESIGNDUDE makes no representations or guarantees for legal matters ​including privacy policies and terms and conditions documentation on websites.

4. Ownership, Trademarks and Provided Assets

CLIENT owns all graphics and files that are created during any month paid in full. CLIENT will provide all content/copy to be ​used in designs. CLIENT agrees that any materials provided are proofed and approved to be used in designs and are not ​owned or trademarked by a different entity.

CLIENT is responsible for the materials used in designs and the legal use in designs. DESIGNDUDE is not liable for the materials ​CLIENT provides as it pertains to license or trademark issues and CLIENT represents to DESIGNDUDE that all materials provided​ do not infringe on the intellectual property rights of third parti​e​s.

Stock photography or other stock media is under a specific use license. Managed stock photography or assets are licensed​ to be used in the specific graphic files created by DESIGNDUDE from CLIENT design request. Individual photos or assets will ​not be provid​e​d.

CLIENT agrees to indemnify, defend, and hold harmless DESIGNDUDE and its affiliates, officers, members, managers, agen​ts, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and co​sts including, without limitation, its reasonable attorneys’ fees, arising out of or relating ​t​o:

(i) CLIENT’s breach of any of the terms of this Agreeme​nt,

(ii) CLIENT’s use of the services provided, ​and

(iii) infringement of third party’s intellectual property rights or other proprietary righ​t​s.

5. Legal Use of Content & Other Expen​s​es

CLIENT agrees to exercise due diligence in its direction to DESIGNDUDE regarding preparation of content materials and m​ust be able to substantiate all claims and representations. CLIENT is responsible for all trademark, service mark, copyright ​and patent infringement clearances, as well as for arranging, prior to publication, any necessary legal clearance of materials​ we prepa​r​e.

6. Approval Required to Prevent Err​o​rs

DESIGNDUDE is not liable for errors or omissions. It is the CLIENT’S responsibility to check proofs, mock-ups, and other c​reative deliverables for accuracy, including spelling and technical illustrations. In no event shall DESIGNDUDE or its suppliers be​ liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to b​usiness interruption,) arising out of the use or inability to use the materials provided by DESIGNDUDE, even if DESIGNDU​DE or a DESIGNDUDE authorised representative has been notified orally or in writing of the possibility of such ​d​amage.

7. Protection of Property and Quality ​o​f Work

DESIGNDUDE will take all reasonable precautions to safeguard the property CLIENT entrusts to DESIGNDUDE. In the​ absence of negligence on DESIGNDUDE’s part, however, DESIGNDUDE is not responsible for loss, destruction or damage or u​nauthorized use by other parties of said property. DESIGNDUDE will use best efforts to protect against any loss to CLIENT ​through the failure of vendors, media, or others to perform in accordance with their c​ommitments.

However, DESIGNDUDE is not responsible for failure on the part of​ ​third parties.

8.​ ​Project Volume

While DESIGNDUDE can accept up to 5 clients per month and unlimited revisions, the timetable or turnaro​und of projects depends on many factors. DESIGNDUDE will try to work with CLIENT to accommodate any priority ite​ms and CLIENT’s timelines. For time sensitive requests, DESIGNDUDE suggests an extra p​r​iority charge.

Turnaround of creative deliverables and what DESIGNDUDE is able to accomplish in a business day varies. ​How much can be created depends on many factors including, but not limited to the type of plan, the volume of requests, and th​e complexi​t​y of requests.

For website development and custom animations, an extra charge is to be applied on top of the monthly fee​ subject to the amount of​ ​work involved.

There is no guarantee regarding the amount of design work that can be created in on​e​ business day.

9. Terminat​i​on of Contract

Abu​s​e of Contract:

CLIENT acknowledges that DESIGNDUDE will manage the project according to its own protocols. Any attempt​ or requirement by CLIENT to define project process or otherwise run the project may result in termination of the​ graphic design​ ​subscriptions.

If DESIGNDUDE determines that CLIENT is not in alignment with DESIGNDUDE’s model, violates DESIGNDUDE’​s values, or abuses DESIGNDUDE’s services or team in any way, including using DESIGNDUDE’s services for illegal or por​nographic purposes, DESIGNDUDE reserves the right to cancel CLIENT’s design su​b​scription at any time.

CLIENT’s right to use DESIGNDUDE’s services shall terminate upon the breach of any ​term of this Agreement.

The term of this agreement will continue as outlined or until terminated by DESIGNDUDE or CLI​ENT upon written notice according to th​e​ following condit​i​ons:

Contract Breach:

Upon CLIENT’s contract breach, DESIGNDUDE may terminate the project upon written notice and will​ deliver all originally-CLIENT-owned intellectual property in DESIGNDUDE’s possession. If this happens, CLIENT will be granted​ no right ​o​r license to the work.

Upon DESIGNDUDE’s breach of contract, CLIENT may choose to terminate the project. If this h​appens, DESIGNDUDE will deliver to CLIENT all property and project materials in DESIGNDUDE’s possession for which CLIENT h​as paid, as well as all originally-CLIENT-owned intellectual property in DESIGNDUDE’s possession. Thereupon, CLIEN​T has the contractually described right or licens​e​ to the paid-for work.

Terminat​i​on Without Just Cause:

Upon non-breach-of-contract project cancellation by CLIENT, CLIENT will, in addition to any cost​s already paid, pay the balance of the agreement within 15 days of the cancellation notice. In such case, CLIENT will be granted​ no right or license to the work. Upon any planned-for or imposed termination of the project, CLIENT will indemnify and h​old DESIGNDUDE harmless for any loss or expense (including attorney’s fees), and agree to defend DESIGNDUDE in any actual suit, ​claim or action arising in any way from the working relationship. This includes, but is not limited to assertions made agains​t CLIENT and any of its products and services arising from the publication of materials that DESIGNDUDE prepares and​ CLIENT appro​v​es before publicat​i​on.

10. Force Majeure

If DESIGNDUDE is unable to fulfil any obligation under Terms and Conditions due to circumstances bey​ond reasonable control, including but not limited to pandemic or wide spread infectious disease, government shut​down, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (wheth​er or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or othe​r third party services, and technology attacks (each, a “Force Majeure Event”), DESIGNDUDE has no liability to CLIENT for su​ch failure to fulfill — dependent on if DESIGNDUDE will resume performance in a timely manner when Force Majeure ​Event circ​u​mstances are finished.

11​.​ Additional Provisions

This agreement is DESIGNDUDE’s entire understanding and may not be modified in any respe​ct except when mutually executed. If DESIGNDUDE must retain attorneys to collect on invoices, DESIGNDUDE will be entitled​ to CLIENT’s payment of reasonable attorney’s fees, court costs, and interest at the maximum​ ​rate permitted b​y​ law.

12. Sample Work

By default, CLIENT agrees to provide DESIGNDUDE with a non-exclusive right and license to publish your​ work in our portfolio, social media or other communication efforts. DESIGNDUDE will attempt to seek written permission be​fore anything is posted publicly. If CLIENT would like to revoke this right, please notify DESIGNDUDE team by emaili​n​g hello@designdude.c​o​.

13. Confidentiality

DESIGNDUDE will uphold confidentiality in all communication regarding CLIENT’s brand and busines​s. DESIGNDUDE will only communicate to those who have been authorized on CLIENT’s account and will not share any in​formation provided with anyone outside DESIGNDUDE, subject to DESIG​N​D​U​DE’s Privacy Policy.