Each user of www.designix.us is liable to agree to the stated terms of services on this page. Any disagreements terminate all services, usage, or consultation from the www.designix.us to the disagreeing party.
Please read these Terms of Use (“TOU”) carefully as they govern your access and use of this website (“Site”) and the products and services provided herein (“Service” or “Services”). These TOU are in addition to (not in lieu of) any specific terms and policies that apply to the Services you purchase or access through the Site, which terms and policies are incorporated herein by reference. The TOU and specific terms and policies referenced herein are collectively the “Agreement”.
As used herein, “ Designix”, “we”, “us”, “our”, and “ours” refers to Designix.us., together with its affiliates, d/b/a Designix. “Customer”, “you”, “your”, and “yours” refers to the customer accessing this Site and purchasing and using the Services together with any company or other business entity you are representing, if any.
We reserve the right to make changes to the Site, the Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by us, your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance our Service offerings will be subject to this Agreement.
Our Obligation
Designix custom design service (the “Service”) provides businesses (each, a “Client”) the option to use a system to post specific assignments and project descriptions (each, a “Project”), including illustrative samples or other media (each, a “Creative Brief”), provide additional direction during the design process (each, a “Revision Brief”) and obtain responses (each, a “Response”) to those Creative or Revision Briefs from design experts retained by us. 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 (the “Final Product”).
Designix does not have a duty to and does not generally screen or edit content, but we reserve the right to refuse Service, monitor or to remove, without notice, any content for projects which, in our sole discretion, are deemed illegal, misleading, or obscene, or are otherwise in breach of these TOU.
You hereby acknowledge that Designix shall have no obligation or duty to perform trademark, service mark or copyright clearance searches, inquiries, or the like, in order to validate the propriety or legality of the Final Product. Moreover, you acknowledge that Designix shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection, including, without limitation, trademark or copyright registration, for the Final Product, nor shall Designix be responsible for assisting you in any way in your attempt to perfect your rights in or to the Final Product. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo is legally available for your use and/or infringes the rights of any third party. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product.
iii. Designix utilizes a secure transaction server to complete your online payment transactions with precision. We use internationally accepted measures to ensure complete safety of your information. The details that you share are protected by the Secure Socket Layer (SSL). Through the secure payment interface the information is acquired only to be used for order transactions.
Designix adheres to strict confidentiality of its clients. The details that you share with us are not disclosed or distributed to any 3rd party vendors. There are no circumstances under which we sell personal information for commercial purposes or for research. We do use 3rd party software to enhance our customer services & to manage your information.
However, these entities are authorized to administer your details which you submit on our website only to support our operations. Designix may include redirection to other websites from its own. However, their practices, norms & handling of your information may differ depending on the policies which they adhere. It is recommended that you thoroughly review the terms of any website that you visit.
Packages that offer unlimited logo design concepts are based on fair usage policy of up to 30 logo design concepts. The initial set comprises of 15 different logo concepts and later sets will consist of 4 logos per feedback. Upon discontentment you would be required to brief more input concerning your likes and dislikes so as to enhance the quality of the following set.
Your Obligations
iii. You acknowledge and hereby grant to Designix 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.
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. Designix shall not at all be responsible for any inconvenience, delays & mishaps caused due to these actions.
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.
You agree to that the following may subject to additional charges:
All final files will be delivered through the account area within 24 to 48 hours of order confirmation. To enhance the quality of logos, Designix 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. Designix keeps a record of all delivered final files and can provide them upon request at a later point in time.
The final product delivery does not apply to SEO services.
You agree that once the login details are handed over to you for the content management system upon project finalization, Designix 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 Designix 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 Designix 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 Designix 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
Designix 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 Designix 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.
“Designix” allows you to have your money back within 30 days of order placement & reserves the right to terminate this, at any time, with or without notice depending upon the scenario. This offer strictly implies that the refund is asked upon viewing the initial samples only, requesting for revisions on the initial design work shall be regarded as a continuation of the project & will make this guarantee annulled. We totally rely on customer’s prompt feedback during the design process to complete the task effectively and therefore hope that the customer gives a proper feedback in order to get the desired results.
III. Furthermore, 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 in a timely manner to a status notification from “Designix”.
VII. We won’t entertain or refund any orders if the client changes his/her mind after Signing up.
VIII. 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.
Fraudulent
Our company do not charge any credit/debit card without customer authorization & customer always pay us through the payment link generated from merchant and our company do not support any fraudulent activities.
Product Not Received
Customers claiming Product not received during the time frame when Project is still going on with the company, and if there is any delay in delivery because customer changed their requirements of project or any kind of delay occurred from customer even once for any reason, our company is not responsible to deliver it within the time frame decided in the start of project, as it is clearly mentioned in our T&C that “Change of Requirement” (Can effect on Time & Cost of projects).
If still they do not want to continue then they need to submit cancellation with valid reason, & it will be reviewed by our QA team and offered partial refund if customer is eligible for it according to our mentioned T&C`s
Product/Service Unacceptable
If customer claims that product is unacceptable then we do not process anything without customer`s approval, once design is approved then customer can’t claim product unacceptable or damage, as we also provide unlimited revisions for design/development until we resolve customer’s query, we also recreate it from scratch to keep customer satisfaction on priorities basis, We have a dedicated team working for every project so customer cannot claim a full reimbursement on a project claiming Product unacceptable.
Additionally we do not provide any product in hard form, & our service is always open to redo it if they are not satisfied during a limited time frame.
Credit not processed
Customer can only claim credit not processed if the refund is committed by the Company’s Billing or Customer Care in written and we have not processed it on given time frame.
General/Other
If any dispute occur in general/other terms then we do not entertain change of mind from customer as company invest their resource to provide services to customer.
We care for our company image so to resolve any kind of issue we always provide refund resolutions in case of any dispute between Company & Customer, For More Information Reach Us Out at Customercare@thewebnificent.com
*” The following terms and conditions are applicable on all the services purchased by the client and provided by “Designix” *.
Warranty
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.
Indemnification
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 Chicago 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 Chicago. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
Force Majeure
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 (831) 231-1755 daily, between 9:00 am and 5:00 pm EST, or emailing us at info@designix.us. Our mailing address is Designix,
“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.”