Terms Of Service

Effective Date: 07-06-2024
Welcome to Design Makers Co.! These Terms of Service (“Terms”) govern your use of our website, services, and products. By accessing or using the services provided by Design Makers Co., you agree to comply with and be bound by these Terms. Please read them carefully.

Introduction

Design Makers Co. (“we,” “our,” “us”) provides graphic design and web design services. By using our services, you agree to these Terms, which form a legally binding contract between you and Design Makers Co.

Definitions

  • Client: The individual or entity using our services.
  • Services: Includes all graphic design and web design services offered by Design Makers Co.
  • Deliverables: The final output provided by Design Makers Co. to the Client upon completion of the project.

Acceptance of Terms

By accessing or using our services, you agree to these Terms. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes are posted constitutes acceptance of the new Terms.

User Account and Security

Clients are responsible for maintaining the confidentiality of their account information, including usernames and passwords. Clients are responsible for all activities that occur under their accounts. Notify us immediately of any unauthorized use of your account. Sharing account information is strictly prohibited.

Services

Scope of Services

Design Makers Co. offers a variety of services including but not limited to:

  • Custom graphic design
  • Logo creation
  • Website design and development
  • Branding and identity packages
  • Digital marketing materials

Service Modifications

We reserve the right to modify the services, discontinue them temporarily or permanently, with or without notice. We will not be liable for any modification, suspension, or discontinuance of the services. Significant changes will be communicated via email or through our website.

Copywriting Exclusion

Design Makers Co. does not provide copywriting services. Clients are responsible for providing all text content necessary for the completion of their project. Any delays in providing the required copy may result in a delay in the project timeline.

Client Responsibilities

  • Accuracy of Information: Clients must provide accurate and complete information necessary for the execution of services.
  • Feedback and Approval: Timely feedback and approvals are required to ensure the project timeline is met.
  • Compliance: Clients must ensure that their use of our services complies with all applicable laws and regulations.
  • Provision of Copy: Clients are responsible for providing all copy and text content required for the project upon task request. Failure to provide the necessary content in a timely manner may impact the project delivery schedule.

Prohibited Uses

Clients may not use our services to engage in activities that are illegal, harmful, or disruptive, including but not limited to:
  • Distributing malware or harmful software
  • Engaging in illegal activities
  • Infringing on intellectual property rights
  • Spreading defamatory or offensive content
  • Engaging in unauthorized access or use of our services

Intellectual Property

Ownership

  • Client Content: Clients retain ownership of all content and materials provided to Design Makers Co. for the purpose of creating deliverables.
  • Design Makers Co. Content: Design Makers Co. retains ownership of any pre-existing intellectual property used or incorporated into the deliverables.

Rights to Use

Upon full payment, the Client is granted a non-exclusive, non-transferable right to use the deliverables for the purposes agreed upon in the project scope.

Payment Terms

Fees

  • All fees for services are as outlined in the project proposal or service agreement.
  • Fees are payable in accordance with the payment schedule provided.

Payment Methods

  • Payments must be made via Stripe.
  • Late payments may incur additional charges as specified in the service agreement.

Billing Disputes

Any billing disputes must be reported within 30 days of the date of the invoice. Clients should contact us with details of the dispute. We will investigate and resolve billing issues promptly.

Refund Policy

Refunds are not typically provided once services have commenced, but exceptions may be made at the sole discretion of Design Makers Co. for cases of non-delivery of services.

Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information and materials disclosed during the course of the project. This obligation remains in effect even after the termination of the service agreement.

Privacy and Data Protection

We respect your privacy and are committed to protecting your personal data. Please review our [Privacy Policy] to understand how we collect, use, and safeguard your personal information. By using our services, you consent to the collection and use of your information as outlined in the Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, Design Makers Co. shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the services provided, even if advised of the possibility of such damages. This includes but is not limited to data loss, service interruptions, or any other damages resulting from the use of our services.

Indemnification

You agree to indemnify, defend, and hold harmless Design Makers Co., its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to your use of the services, violation of these Terms, or infringement of any third-party rights.

Termination and Suspension

We may suspend or terminate services immediately if a client breaches these Terms, fails to pay for services, or engages in illegal activities. Clients will be notified of such actions and the reasons for termination or suspension.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. This means that any legal disputes arising out of or related to these Terms or our services will be resolved under English law.

Jurisdiction

Any disputes arising out of or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales. This applies to any claims or disputes brought by either you or Design Makers Co., regardless of your location.

Dispute Resolution Process

In the event of a dispute, we prefer to resolve it through negotiation and mediation before resorting to formal legal proceedings. The following steps outline our dispute resolution process:

  1. Informal Negotiation: You agree to first try to resolve the dispute informally by contacting us at [contact email]. We will attempt to resolve the dispute through direct communication within 30 days from the date we receive your initial communication.
  2. Mediation: If the dispute cannot be resolved informally, either party may request to resolve it through mediation. Mediation will take place in England, and both parties agree to participate in good faith.
  3. Arbitration: If mediation fails, the dispute will be resolved through binding arbitration under the rules of the [Arbitration Association or a specific arbitration body, e.g., London Court of International Arbitration]. The arbitration will be conducted in English and will take place in [City, England]. The arbitrator’s decision will be final and binding on both parties.

International Clients

For clients located outside the UK:

  • You agree that any disputes with Design Makers Co. will be resolved under English law as specified above.
  • You further agree that the courts of England and Wales will have exclusive jurisdiction over any claims or disputes with Design Makers Co. that arise from your use of our services.
  • We acknowledge that certain mandatory consumer protection laws in your jurisdiction may apply. We strive to comply with such laws and encourage you to inform us if you believe your rights under your local laws are affected.

Right to Seek Injunction

Notwithstanding the above, Design Makers Co. reserves the right to seek injunctive relief in any jurisdiction as necessary to protect its intellectual property or confidential information.

Limitation Period for Claims

Any claim or cause of action arising out of or related to these Terms or our services must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.

Service-Specific Policies

Fundraising Design

  • Prohibited Content: We do not support the creation of fundraising materials for causes that are illegal, unethical, or discriminatory.
  • Compliance: It is the Client’s responsibility to ensure that all fundraising activities comply with applicable laws and regulations.

Graphic Design

  • Revision Policy: Clients are entitled to a specified number of revisions per project. Additional revisions may incur extra costs.
  • Design Ownership: Clients receive ownership of the final design files upon full payment.

Branding

  • Scope of Branding Services: Our branding services include logo design, color palette selection, and brand guideline creation. Clients are responsible for providing any additional content or materials required for the branding process.
  • Brand Guidelines Compliance: It is the Client’s responsibility to adhere to the brand guidelines provided by Design Makers Co.

FAQ Compliance

  • Project Timeline: Clients must adhere to the project timeline. Delays in providing necessary materials, such as copy or approvals, may affect the completion date.
  • Content Responsibility: Clients are solely responsible for the accuracy and legality of all content provided for their projects.
  • Additional Costs: Any additional services or modifications requested beyond the agreed scope may incur additional costs.

Third-Party Links and Services

Our website and services may include links to third-party websites or services. Design Makers Co. is not responsible for the content, privacy practices, or operations of these third-party sites. Accessing and using these services is at your own risk.

Disclaimer of Warranties

Our services are provided “as is” and “as available” without any warranties of any kind, either express or implied. Design Makers Co. does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components. To the fullest extent permitted by law, Design Makers Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Design Makers Co. will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services.

Amendments and Notifications

We may amend these Terms at any time by posting the updated terms on our website. We will notify you of any significant changes via email or through a notice on our website. Continued use of our services after changes are posted constitutes your acceptance of the new terms.

Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Design Makers Co.
Email: hello@designmakers.co
Phone: 02071180611