The following terms and conditions are applicable on all the services purchased by the client and provided by “Designix”
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. Designix 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 Designix endorse any opinions expressed by any user of the Site. Without limiting the foregoing, Designix 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. Designix 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 Designix.
Limitation Of Liability
Designix 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. Designix 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 Designix, even if advised of the possibility of such damages.
Designix’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 Designix 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 Designix. 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 Designix’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.
Designix 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 Designix to be handled or changed or be used in any way. The service and the responses are provided “as is.”Designix”. 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 Designix , 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.
Designix 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
Designix 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 1- 866-506-8219 daily, between 9:00 am and 5:00 pm EST, or emailing us at [email protected] Our mailing address is Designix, Plug & Play Tech Center, 440 North Wolfe Road, Sunnyvale, CA 94085-3869.
“If a project is on hold for more than 2 weeks from the client’s end the project will be archived and there will be a reactivation fee to re-initiate the project.”