Terms & Conditions
Latest Version: 10-09-2024
These Terms of Use (the “Agreement”) govern your use of our services. By using our services, you agree to these terms. If you do not agree, please stop using our services immediately.
The Provider: The Provider, also referred to as "we", refers to the design service provider, offering design services such as graphic design, web design, and other creative solutions. They create designs and materials for clients based on their requirements.
Client: The client, also referred to as "you", denotes to an individual or entity who subscribes to the Provider's services. They engage the Provider to create designs and materials for their specific needs or projects.
Subscription: A subscription is an arrangement where the client pays the Provider a recurring fee in exchange for access to design services.
1. Acceptance of Terms
By accessing or using the Provider's services, you agree to be bound by these Terms and Conditions. If you do not agree, please discontinue using our services immediately. Your continued use of the services after changes have been made constitutes acceptance of the updated terms.
2. Intellectual Property Rights
The Provider owns all the designs and materials we create for you, such as designs, templates, videos, and text. You can use these designs and materials for your needs, but you can't sell them or use them to make money without our written permission. However, you're free to use the designs we create for you to sell your own products or services.
3. Client Responsibilities
By using the Provider's services, you agree to the following:
Provide accurate and complete information necessary for project completion.
Respect copyright and intellectual property laws when providing materials for projects.
Communicate openly and promptly with the Provider to ensure project progress.
Use the designs and materials provided by the Provider only for lawful purposes and in compliance with these terms.
You will not use our services for illegal purposes.
Notify the Provider immediately of any concerns or issues regarding the project.
4. Prohibited Activities
When using the Provider's services, you agree not to engage in the following activities:
Using our services for illegal purposes or activities.
Attempting to disrupt or interfere with the proper functioning of the Provider's services.
Violating any laws or regulations while using our services.
Misusing or abusing the designs and materials provided by the Provider for purposes other than those intended.
Sharing login credentials or providing unauthorized access to the Provider's services.
Engaging in any activity that may harm the Provider or its reputation.
5. Third-Party Fonts
If your project incorporates fonts that are not owned by the Provider and require a commercial license for legal use, the Provider will inform you accordingly. You will be responsible for obtaining the necessary licenses for these third-party fonts from the rights holders. The Provider will provide you with information on which licenses are required and how to obtain them. You assume all responsibility for any consequences resulting from failure to obtain the required licenses for third-party fonts incorporated into your project.
6. Privacy Policy
By using the Provider's services, you agree to our Privacy Policy, which outlines how we collect, use, and protect your personal information. We are committed to safeguarding your privacy and ensuring the security of your data.
We may collect certain information from you, such as your name, email address, billing information, and tax number, to provide you with our services and communicate with you. We do not share your information with third parties except as necessary to fulfill our services or as required by law. For more details on how we handle your data, please review our full Privacy Policy.
7. Updates to the Provider's Services
We reserve the right to make changes, alterations, or modifications to our services, including these Terms of Use, at any time and without prior notice. Any changes will be effective immediately upon posting on our website or notifying you by other means. It is your responsibility to review these Terms of Use periodically for any updates. By continuing to use our services after any changes are made, you agree to be bound by the updated Terms of Use. If you do not agree with any modifications to these terms, your only recourse is to discontinue using our services.
8. Limitations of Liability
The Provider and its affiliates shall not be liable for any damages resulting from the use of our services, including but not limited to direct, indirect, incidental, special, or consequential damages. This includes damages such as loss of profits, goodwill, use, data, or other intangible losses. In no event shall our total liability to you exceed the amount paid by you for the services rendered by the Provider.
9. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of France. Any legal action arising from or related to these Terms and Conditions shall be brought exclusively in the courts of Paris, France, and you consent to the jurisdiction of such courts.
10. Dispute Resolution
Any disputes arising out of or relating to these Terms and Conditions shall first be subject to good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within 30 days from the date of written notice of the dispute, either party may refer the dispute to arbitration in accordance with the ICC Arbitration Rules, to be conducted in Paris, France.
If arbitration does not resolve the dispute, the parties agree that any legal action or proceeding shall be brought exclusively in the Tribunaux de Paris (Courts of Paris), France, and each party irrevocably submits to the jurisdiction of such courts for the purpose of any such legal action or proceeding.
11. Connection Interruptions
The Provider cannot guarantee that the Website will be available and accessible at all times. Various factors beyond the Provider's control may lead to interruptions, delays, or errors in accessing the Website. Therefore, the Provider shall not be held liable for any loss, damage, or inconvenience caused by your inability to access or use the Website during any interruption in service.
12. Third-Party Links and References
The Provider does not assume responsibility for any hyperlinks pointing to our services. We have no control over the content, availability, or practices of these linked websites or references.
A third party may link to our website or reference our services without our express authorization. Such links or references do not imply endorsement or association with the Provider, and we disclaim any liability for the accuracy, completeness, or legality of content on linked websites. Users access linked websites at their own risk and should review the terms of use and privacy policies of those websites.
13. Showcasing Design Work
The Provider reserves the right to showcase completed design work on digital channels, including social media and our website, for promotional purposes, unless otherwise agreed upon in writing with the Client.
The Client reserves the right to request a Non-Disclosure Agreement (NDA) between themselves and the Provider. Upon execution of an NDA, the Provider agrees to refrain from sharing or discussing the Client's work publicly, except as required by law.
14. Subscription plans detailed
Bud Subscription
Price: €1,095 per week (7 days), excluding VAT.
One active request at a time: You can have one design request or project being worked on at a time.
48-hour updates: The Provider will give updates or progress reports within 48 hours of receiving your active request, on weekdays.
Unlimited requests & revisions: You can make unlimited design requests and request revisions until you're satisfied with the outcome. Each revision request counts as an active request.
Access to Slack & a custom Notion space: You'll have access to communication tools like Slack and a dedicated space in Notion for collaboration and project management.
Senior UX & UI Designer: Your projects will be handled by an experienced UX/UI designer.
Pause or cancel anytime: You can pause your weekly subscription after each 7-day period or cancel anytime. Refunds are subject to the Provider’s refund policy (see #15 for details).
Grow Subscription
Price: €3,985 per month (31 days), excluding VAT.
One active request at a time: You can have one design request or project being worked on at a time.
48-hour updates: The Provider will give updates or progress reports within 48 hours of receiving your active request, on weekdays.
Unlimited requests & revisions: You can make unlimited design requests and request revisions until you're satisfied with the outcome. Each revision request counts as an active request.
Access to Slack & a custom Notion space: You'll have access to communication tools like Slack and a dedicated space in Notion for collaboration and project management.
Senior UX & UI Designer: Your projects will be handled by an experienced UX/UI designer.
Meetings on request: You can schedule meetings with the Provider as needed to discuss your projects. Each meeting request will occupy the active request slot for 24 hours.
Pause or cancel anytime: You can pause or cancel your monthly subscription anytime. Refunds are at the Provider's discretion (see #15 for details).
Bloom Subscription:
Price: €6,875 per month (31 days), excluding VAT.
Two active requests concurrently: You can have up to two design requests or projects being worked on at the same time.
48-hour updates: The Provider will give updates or progress reports within 48 hours of receiving your active request, on weekdays.
Unlimited requests & revisions: You can make unlimited design requests and request revisions until you're satisfied with the outcome. Each revision request counts as one active request.
Access to Slack & a custom Notion space: You'll have access to communication tools like Slack and a dedicated space in Notion for collaboration and project management.
Senior UX & UI Designer: Your projects will be handled by an experienced UX/UI designer.
Meetings on request: You can schedule meetings with the Provider as needed to discuss your projects. Each meeting request will occupy one of the active request slots for 24 hours.
Pause or cancel anytime: You can pause or cancel your monthly subscription anytime. Refunds are at the Provider's discretion (see #15 for details).
15. Refunds
Refunds are at the Provider's discretion and are assessed on a case-by-case basis. If approved, a pro-rata fee of the remaining billable period will be applied. Refund requests within the first month result in the retention of all project materials by the Provider. We reserve the right to take legal action against clients for breach of this paragraph.
16. Automatic Renewals
Subscriptions automatically renew at the end of each billing cycle unless canceled or paused by the client prior to the renewal date. Clients can cancel their subscription through their account settings on the Provider's website or pause billing by contacting customer support.
When a subscription is paused, billing will be temporarily halted, and the client's remaining subscription time will be retained for future use upon resumption. For example, if you've used the service for 20 days and decide to pause your subscription, you'll retain 11 days of service to use when you unpause, and your billing cycle will start again at the end of those 11 days.
Clients are responsible for all charges accrued up to the cancellation or pause date.
17. Right to Refuse or Cancel Subscriptions (at anytime)
The Provider reserves the right to refuse or cancel any subscription at any time, at its sole discretion. Reasons for such actions may include, but are not limited to, breaches of these Terms and Conditions, suspected fraud, or any other behavior deemed harmful to the services or reputation of the Provider.
If a cancellation is initiated by the Provider for reasons not related to a breach of these Terms and Conditions, a pro-rata refund for the remaining subscription period will be issued. However, if the cancellation is due to a violation of these Terms and Conditions, such as unauthorized commercial use of designs or other breaches, no refund will be provided.
18. Service-Specific Terms
Certain services provided by the Provider may have additional terms and conditions specific to those services. Such terms will be made available to clients prior to using the respective service and will be considered a part of this Agreement.
For instance, if you request a website design, we will outline the steps involved in the design process, including gathering initial requirements, creating draft designs, and seeking your feedback throughout the development stages. These specific terms ensure clarity and guide our collaborative efforts to deliver a website that meets your expectations effectively.
19. Assignement
You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations to any third party at our discretion.
20. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
21. Client Feedback and Marketing Use
The Provider may request feedback or reviews from clients to improve our services. By providing feedback, you grant us permission to use your comments for marketing or promotional purposes.
22. Disclaimer
The Provider's website is provided on an "as-is" basis. Your use of the website is at your sole risk. The Provider disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website or any linked content.
23. User Data
The client is solely responsible for all data transmitted to or relating to any activity you undertake on the Provider's platform. The Provider shall have no liability to the client for any loss or corruption of such data.
24. Indemnification Clause
You agree to indemnify, defend, and hold harmless the Provider and its affiliates from any claims, damages, liabilities, costs, or expenses arising out of or related to your use of the services or breach of these Terms and Conditions.
25. Force Majeure
The Provider shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, labor disputes, or interruptions in internet services.
26. Waiver
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.
27. Contact Information
For questions or concerns regarding these terms, please contact us at: hello@designbuds.co
Legal Notices
Latest Version: 10-09-2024
Legal Status: Victoria Taing EI - SIRET 83072402700016 - VAT number FR78830724027
Publication Director: Victoria Taing
Website Host: Framer, Inc. Framer, Rozengracht 207B, 1016 LZ Amsterdam, The Netherlands