Terms And Conditions - Design Productive

Terms And Conditions

Terms and conditions

By accessing this web site (located at www.designproductive.com), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Disclaimer

The materials on Design Productive’s web site are provided “as is”. Design Productive makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Design Productive does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

How our Services Work

Design Productive offers fix-priced small graphic design services. We are an online service where Customers can A) subscribe to receive graphic design services at a Flat Fee re-occurring every month or B) for a single Fee request small graphic design tasks to be completed. These tasks are outlined in the packages on this website.

Design Productive Services are as follows:

Customer subscribes to a monthly design plan OR purchases a (non reoccurring) Design Package

Customer submits their Task request to Design Manager along with Design Request Form and necessary artwork and copywriting required.

Customer receives date when their Task will be completed

Tasks are completed one at a time

Design Productive delivers completed Task to customer

Customer accepts Task OR customer requests revision to current Task. In case of revision, no new task will be accepted until current task is approved by customer.

Design Productive Management reserves the right to reject a Task at any time.

We currently do not support the following tasks:

  • Heavy manipulation tasks
  • Programming or coding
  • 3D or Motion Graphics
  • Branding activities
  • Video Editing

Tasks

(A) Required Information. Each Task should consist of (A) a detailed description of the Task with Design Request form (B) electronic files, if any, required to complete the Task (together, User Content).

(B) Representation Regarding Right to Submit. By submitting a Task to Design Productive, a Customer represents that Customer owns the User Content or otherwise has the right to submit User Content to us, and Customer’s use of the User Content does not violate any third party intellectual property or other rights.

(C) Ownership of User Content. Customer maintains the ownership rights in any User Content that such Customer submits to the Site.

(D) Grant of Limited Rights to Design Productive. By submitting a Task to Design Productive, the Customer gives us the rights to User Content solely to the extent necessary to complete the Task. We reserve the right to publish your work in our portfolio, social media or other communication efforts. If there are items that you wish to remain private or confidential please let us know when you request the task.

Turnaround Time

Turnaround time is defined as the time between when the Task is assigned and when the Task is delivered. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. Since each Task is unique based on workload and complexity, Task turnaround times do vary. We endeavor to deliver most design Tasks within 24-48hrs. Example: Tasks submitted before 5pm PST will, most often, be delivered within 48hrs. Tasks submitted after 5pm PST will be processed starting the following working day. All Tasks are processed during regular work days, we do not work weekends and statutory holidays.

Delivery

When a Task is delivered customers will be notified by email. Customers will have 72 hrs to accept the Task or submit revisions.

When a Task is accepted, Design Productive will deliver all requested files.

If a Customer is not satisfied with the completed Task, the Customer may decline the delivery and request revisions. We will attempt to make revisions and meet the Customer’s reasonable expectations. Revisions will take a minimum of 1 business day. During time of revision no other Tasks will be worked on – Design Productive works on 1 Task at a time. If no reply from Customer after 72hrs the Task will be considered accepted and completed.

Output Files

While we do our best to minimize any mistakes, due to the nature of creative design we can not 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. Design Productive is not responsible or liable for any losses or expenses incurred from errors or omissions.

Unlimited and Reasonable Use

The term “unlimited” is subject to a reasonable use clause. Design Productive is not a replacement for a Full Time graphic design team. The definition of reasonable use falls within the terms mentioned above and is determined by Design Productive management, at its sole and exclusive discretion. Customers deemed to be abusing the Design Productive service or team will be contacted by the Design Productive management to work out a solution. Design Productive management retains the sole and absolute discretion to suspend service to you if Design Productive management deems it necessary.

Payment

Payments are processed through third-party payment providers like PayPal and Stripe, to insure the best possible customer experience and ensure the customer’s privacy. All our services are available after receipt of payment. All goods remain property of the company until paid for in full. Additional charges, late fees, chargeback fees and other fees are determined by our payment providers.Design Productive may change its fees from time to time by posting the changes on the Site.

Cancellation and Refund Policy

You may cancel your subscription with Design Productive at any time. Customers can cancel their subscriptions through the payment provider, or by contacting us. A minimum of 48 hours notice of cancellation is required to process a cancellation request. Upon cancellation, you will continue to have access to the Design Productive services through the end of the then current month. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

All new design services come with a 14 day refund guarantee provided that the Customer has made at least 2 completed design task requests. Customers can request a refund by contacting their Design Manager. Refunds are only granted within 14 days of the original payment. Refund requests that reach us outside of 14 days or refund requests for subsequent billings of a subscription (all payments after the first payment) will not be granted. Both the customers and ourselves have the right to terminate/cancel services for any reason.

Limitation of Liability

In no event shall Design Productive be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

Design Productive, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Design Productive OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.