By using Designic Pro and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Designic Pro service. By placing any order with Designic Pro, you agree to all our terms, and it is your responsibility to read our terms. Designic Pro may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions because they are binding on you. In these Terms and Conditions, all services provided by and related to Designic Pro and all text, images, photographs, user interface, "look" and "feel", data and other content included at www.DesignicPro.com from time to time (including, without limitation, the selection, coordination, and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service". You acknowledge and agree that Designic Pro shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user-provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. An activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Designic Pro may access, preserve, and disclose your account information and content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Designic Pro its users and the public.
(a) Description. Designic Pro Service is an online service where individuals or entities that have signed up with Designic Pro as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Designic Pro ("Members"). Designic Pro will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs, and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs. (b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the requirements you have established for the Creative or Revision Brief. Designic Pro is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Designic Pro may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet. (b)Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the requirements you have established for the Creative or Revision Brief. Designic Pro is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Designic Pro may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet. (c) Reviewing Responses. When Designic Pro provides you with a Response, you are responsible for examining the Response. If you fail to promptly inform Designic Pro that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Designic Pro that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Designic Pro with a Revision Brief, Designic Pro will give you a subsequent Response that conforms to the additional criteria you requested. Designic Pro is not responsible for the content of Responses developed to the extent that such Responses are prepared to submit to your Creative or Revision Briefs. (d) Revision Cycles. Review cycles consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the review process is to create Responses that move your project forward in a particular direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be entirely different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current form only. Review requests that depart from the then-current form will be honored and completed promptly, however; Designic Pro reserves the right to charge $50 for each such Revision. No review work, which requires payment, will be started without your authorization. (e) Packages. You may select any Service Packages from their respective packages section whether it’s a Logo Package, Web Package, Branding Package or perhaps Bespoke Web, Logo or Branding Package. (f) Client Accounts. When you register for the Service, you must pay for the Service via credit card or other payment method authorized by Designic Pro. You will be charged for the Package you have selected along with and additional products and services you choose as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. Designic Pro will email you a receipt for the transactions in which you are involved.
(a) MoneyBack Guarantee is valid till 30days of order placement provided that other terms are applied. (b) In case of unsatisfactory designs, you can claim your refund via three modes i) Toll-Free Number ii) LiveChat iii) Email us at our official email (c) If you are not satisfied with the initial Responses provided by Designic Pro, then Designic Pro will give you more initial concepts. However, there is no refund if your project moves to round two of logo alterations or revisions. You may request a refund by completing the Refund Request form, which will be provided to you upon request. In a case of return approval, Designic Pro will refund the total payment made by you, less a service and processing fee of 10% on package amount. (d) There are no refunds for any rush service charges. 24-hour design fees and 24-hour rush changes are non-refundable. (e) In a case of refund approval, a client will get his amount credited back within next 7-14 Business Days. (f) We won't entertain or refund any orders if the customer stays non-responsive for 45 Days, but the client can send us an email to hold the project if there is some personal issue. Also whether the client is non-responsive for more than 60 Days, then the customer has to pay an extra caution fee i.e. $150 for re-initiating the project. (g) In case if client wants to forfeit the website portion of the package after 30days, refund won't be applicable; though we can hold the project in such case and the client can come later and get the project started again (h) Furthermore, the customer shall forfeit the right to the refund outlined above if customer 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 promptly to a status notification from Designic Pro. (i) Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy on 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. (ji) In the case of finalizing one part of the order, the customer won't be eligible for a refund for the rest of the remaining package.
Disclaimers, Indemnification, Limitations of Liability
(a) Responsibility for Content. Designic Pro shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Designic Pro 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, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Designic Pro or otherwise, nor does Designic Pro endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the preceding, Designic Pro makes no representations, warranties or covenants regarding the validity of the rights to Responses granted under these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your risk. Without limiting the preceding, you agree and acknowledge that you use each Response at your 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. Photos / Images: Designic Pro shall not be responsible for any use of photos that are not royalty-free. It is the clients' responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and designs for any designs created by Designic Pro for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and desktop wallpapers. (b) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." Designic Pro MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. Designic Pro DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE preceding, Designic Pro DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF. (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON- PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Designic Pro OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. (d) Release from Claims. The Service serves solely as a venue for the creation of work, and Designic Pro does not regularly screen or censor any information or material posted to the Web Site. Although Designic Pro makes commercially reasonable efforts to determine the identity of Clients, Designic Pro cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because Designic Pro does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release Designic Pro (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. (e) Indemnification. You hereby agree to defend, indemnify and hold harmless Designic Pro and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. (f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, UNIQUE, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Designic Pro OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Designic Pro ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO the full amount YOU PAID TO Designic Pro FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS. (g) Web Site Domain Name Registration (URL): Designic Pro is not responsible for any domain name registration. Designic Pro will only register your domain name once your project has entered the website design department. Designic Pro will not be responsible if your domain name has been recorded after you have placed your order. It is your responsibility to secure your domain name before you order our web design package. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, unique, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Designic Pro OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Designic Pro ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Designic Pro FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Eligibility, Access, Use and Service
Ownership; Rights to Use
(a) Web Site and Service. Except as expressly contemplated under these Terms and Conditions, as between Designic Pro and you, Designic Pro will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under Canadian and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Designic Pro ., including "Designic Pro .", without the prior written consent of Designic Pro, as determined in its sole discretion, for each such use. (b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), Designic Pro and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response. (c) Rights of Designic Pro. Upon your submission of Client Information to the Service, you grant Designic Pro a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses. (d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final the Response composition provided to you by Designic Pro. (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Designic Pro expressly reserves all right, title and interest in and to the same. You acknowledge and at this moment grant to Designic Pro a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and to display and promote the Designic Pro Service. Designic Pro retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You at this moment acknowledge that Designic Pro shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your free searches about the Final Product. Furthermore, you acknowledge that Designic Pro shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Designic Pro be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product