TERMS AND CONDITIONS ("TERMS")


Last updated: (May 9, 2018)

In General

(Designseed) www.designseedco.com owns and operate this Website. This document governs your relationship with Designseed (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

ACCESS TO THE WEBSITE

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. These Terms apply to all visitors, users and others who access or use the Service. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

YOUR ACCOUNT

You are required to create an account and specify a password to use the full features on the websites. You agree to provide, maintain and update accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are solely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us. You agree to indemnify and hold harmless Designseed for losses incurred by Designseed or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PAYMENT

• Since we offer 14 days free trial, the client needs to fill out their information together with their credit card information. The credit card won't be charged for the first14 days but it will be automatically charged after the free trial ends (after 14 days). If you don't want to use our service and don't want to be charged, we therefore advise you cancel before the free trial ends since there won't be refund after that.

• When you subscribe to any of our subscription services, you will be billed in advance on a recurring through your nominated form of payment via our automated third party payment gateway.

OWNERSHIP

We provide a free trial to our new customers without delivering source file but If you use any of our paid subscription services, you own all rights to the work created. DesignSeed. Co may show the works we created for you as a sample on our portfolio page (website). If you do not wish your works to be published, please let us know.

DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and services and/or locations featured on this Website are in no way associated, linked or affiliated with www.designseedco.com and you should not rely on the existence of such a connection or affiliation. Any images we use are always stock images, and you're more than welcome to provide your own images / photography, as we only use royalty free images that we can dig up based on your specifications. We do not have a library for you to browse through.

We do not hold any rights to any of the images that we use on our websites or anything designed by us, we do use free images which are royalty free for any of the photo's for display on your website. We do recommend and instruct that you purchase or provide your own photos as we do not hold any responsibility for any consequences that could arise from the photos displayed on your website once your website is published.

DESIGN PROCESS AND APPROVAL

When a design task is requested, DesignSeed. Co will deliver that task within the number of business days or day as specified on the Customer’s current plan via electronic files. Each Revision request will operate under the same process. If you do require any revisions to the completed design work, you can simply notify us of the changes you require and we will happily attend to your request. This can be done an unlimited amount of times. When you are happy with the completed design, you will be required to sign off on the work. This will indicate your acceptance. If we do not receive any sign off from you within 2 business days of us providing you with the finished work, we will deem the work to be accepted.

PROJECT FINAL DELIVERY AND FILES

While we do our best to reduce any mistakes, due to the nature of creative projects we cannot guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. DesignSeed. Co is not responsible or liable for any losses or expenses incurred from errors or omissions.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SUSPECTED ILLEGAL ACTIVITY / UNETHICAL USE OF OUR SERVICES

If we find out you're using our services for something we think is unethical we may stop any tasks / jobs that you have pending, and withhold any files that we feel could be used for any illegal or malicious intent. In this scenario we would pause your membership until further notice or confirmation that your activity is not breaking the law in any way.

AFFILIATE PROGRAM

To begin the enrollment process, you will complete and submit the online application at www.designseedco.com. Our partner’s program is 100% free to join however, we ask you to submit your application for our review. We will approve your application if you are qualified at our judgment. The fact that we approved your applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion.

We accept almost all types of websites or individuals that are relevant to our service and do not contain objectionable or offensive materials. We welcome all applications but reserve the right to refuse membership or revoke a membership at any time and for any reason at our sole discretion. Your personal information including your financial account will be kept in confidential and we don’t distribute it to outside of our company.

AFFILIATE BONUS

Earn 10% for every referral you bring until their paid service is in active. The more you refer and utilize the tools provided, the more monthly income you will earn. We will send your commission through Paypal every month. DesignSeed. Co reserves the right to cancel or change this affiliate program at anytime.

REQUESTS OUTSIDE BUSINESS HOURS

We try to deliver a top notch service for our customer, peradventure there is any revisions sent by clients will be commenced to within 24 hour of receipt, during the business hours of 9 am to 5 pm PST (excluding weekends or public holidays). Meaning anything sent outside of the aforementioned business hours will not be attended to until the following business day. Meaning officially the job request was received on the next business day.

REFUND

The subscription for our services is for ongoing use of your chosen plan and we do not offer refunds for partial subscription plans under any circumstance, including cancellations and unused time on a plan. Upon cancellation you will have access to our service for the length of your current billing cycle.

CANCELLATIONS

At Designseedco, we wаnt you tо bе happy wіth уоur рurсhаѕе оf our service. Our 100% Sаtіѕfасtіоn Guаrаntее іѕ about mоrе than a refund; it іѕ our аіm tо deliver соmрlеtе ѕаtіѕfасtіоn.

Our bіggеѕt goal іѕ to serve our fаbulоuѕlу роtеntіаl customers. But if you decide to cancel your subscription, it can be done whenever you wish. Prior to cancellation we recommend you have all the source files you need to move forward with another designer. Once a subscription has been cancelled, any files kept on our server related to that subscription would be removed immediately or next day.

When a subscription has been cancelled, any service provided by DesignSeed. Co will be immediately suspended and/or cancelled until the subscription is renewed. This is inclusive of any pending jobs, tasks and revisions.

CONFIDENTIALITY

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites or services that are not owned or controlled by DesignSeed. Co. DesignSeed. Co has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DesignSeed. Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

TERMINATION & CANCELLATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. Upon cancellation, you will continue to have access to the DesignSeed. Co services through the end of the current month. DesignSeed. Co may change its fees from time to time by posting the changes on the Site with 5 days prior notice, but with no advance notice required for temporary promotions or reductions in fees.

INDEMNITY

You agree to indemnify, defend and hold harmless www.designseedco.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

VARIATION

www.designseedco.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and any page of this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints pls contact us at hello@designseedco.com.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you violate these conditions.

REVIEW THE KNOWLEDGE BASE

Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our service works and its scope of service. If you still have any questions about these Terms or our Services, please contact us at hello@designseedco.com.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.designseedco.com . Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.designseedco.com.