Terms and Conditions

Designer Now

Last Revised: July 2017

PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE, BY ACCESSING DESIGNERNOW.COM OR DOWNLOADING, INSTALLING AND USING SERVICES AVAILABLE ON DESIGNERNOW.COM, YOU ACCEPT AND AGREE TO THEM.  PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.

Welcome to DesignerNow

 

These DesignerNow Service Terms (these “Terms”) explain the relationship between Designer Now Ltd. (“DesignerNow”, “Designer Now”, “we” or “us”) and you when you (i) access and use designernow.com and its related domains (together, the “Site”) and/or (ii) use our design service, download, install, use and in some cases, purchase graphic design related works and any other services offered through the Site (the “DesignerNow Services”).

These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the DesignerNow Services.  Unless otherwise indicated, “DesignerNow Services” as used throughout these Terms includes the public areas and the DesignerNow Services.  For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the DesignerNow Services.

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY FORM AN AGREEMENT BETWEEN YOU AND DESIGNERNOW.  BY USING THE DESIGNERNOW SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
IF YOU ARE USING THE DESIGNERNOW SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND DESIGNERNOW AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.

 

Definitions


Accepted
 with respect to Delivery means, as applicable, either

  • when the Customer advises us in writing, or
  • if it is not declined by the Customer within 72 hours after notification of the Delivery.

Business day means a day that is not a Saturday, a Sunday, or a public holiday in the U.K. and is 24 hours long.

Customer means a user of the Site with rights to submit Tasks.

Delivery means the completed design for a Task.

Fee means the Fee applicable to the type of Task. Pricing is subject to change.

User Content means information submitted by a Customer as part of a Task including

  • a detailed description of the Task and
  • electronic files, if any, required to complete the Task.

Site means https://www.designernow.com.

Task means a small design project, which can be completed by DesignerNow within 2 business days (e.g., resize an image to a specified number of pixels across, while preserving its aspect ratio, or to create a new image based on a number of Customer supplied visual assets).

You means Customers.

  1. Description of Service

DesignerNow is a graphic design service. We are an online service where customers can subscribe to our monthly service.

  1. How it works
    The DesignerNow service works as follows:

Customer subscribes to a monthly subscription for design tasks

Customer provides design tasks to DesignerNow

DesignerNow complete tasks in line with the proposed timescales of your Plan. DesignerNow reserves the right to reject a Task at any time.

  1. Tasks

Required Information. Each Task should consist of

  • a detailed description of the Task and
  • supporting electronic files, if required, to complete the requested Task (together, User Content).

 

  1. Representation when submitting Information

By submitting a Task to DesignerNow, a Customer represents that the Customer owns the User Content or otherwise has the right to submit User Content to us. The Customer is accountable for ensuring Intellectual Property is not violated.

  1. Ownership of User Content

Customer maintains the ownership rights in any User Content that that such Customer submits to the site.

  1. Granting Rights.

By submitting a Task to DesignerNow, the Customer gives us the right to User Content solely for the purpose of completing the Task.

  1. Delivery to Customer and Turnaround Time

When a Task is requested, DesignerNow will schedule the Task with our designers to be delivered within the agreed timeline of your Plan.  Each revision will operate under the same process.

  1. Delivery to Customer (Acceptance and Files)

When a Task is complete, the Customer who submitted it will receive an email from us with the contents of the Delivery available via one or more downloadable links. When a Task is Accepted, DesignerNow will deliver the accepted files.  DesignerNow is not under any obligation to provide the source files, i.e. “editable” files such as PSD, AI or other original design files. DesignerNow will retain original copies of all Delivery Files that DesignerNow has created and will retain the right to use such Delivery Files in connection with the Site and our business including promoting the Site in any media format or media channel. A Task is marked as complete by the Customer when the Customer advises acceptance in writing or if it is not declined within 72 hours after notification of Delivery.

  1. Revisions

If a Customer is not satisfied with the Delivery, the Customer may decline the Delivery and will be re-issued as a Task for our designers. DesignerNow will attempt to make modifications in line with the amends requested. DesignerNow will resubmit the amended Task within the agreed revisions to Plan. If the resubmitted Task is not declined within 72 hours, then the Task will be marked as complete.

  1. Intellectual Property

We retain all rights to intellectual property to our own Site and marketing information. The Customer retains all rights or copyright to any works requested by the Customer.

  1. Backup Data

Maintaining secure files and User Content is our number one priority. However, we do not guarantee that there will be no loss of any User Content, and we will not be liable in the event of such loss of User Content.

  1. Suspend or Terminate Account

We reserve the right to suspend or terminate the account of any Customer at any time for failure, or perceived failure, to comply with these terms of for any other reason at the sole discretion of DesignerNow.

  1. Defence

If you are required to indemnify us from any claim or loss, we reserve the right, at your expense, to assume the exclusive defence and control of such matter. We will use reasonable efforts to notify you of any such indemnifiable claim or loss upon becoming aware of it.

  1. Use of DesignerNow Service.

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the DesignerNow Privacy Policy (“Privacy Policy“), located at www.designernow.com/privacy or such other URL as DesignerNow may provide from time to time.

You are responsible for providing the information and services that you need to access, download, install and use the DesignerNow Services.  DesignerNow does not guarantee that the DesignerNow Services are accessible on any particular equipment or device or with any particular software or service plan.

You are responsible for all activities that occur through your Account, whether or not authorised by you.  Please do not share your Account with any other person.

  1. Unlimited and Fair Use Policy

The term “Unlimited” is subject to a Fair Use clause. The definition of Fair Use is determined by DesignerNow, at its sole and exclusive discretion. Customers deemed to be abusing the DesignerNow service will be contacted by DesignerNow. DesignerNow retains the sole and absolute discretion to suspend service to you if deemed necessary.

  1. Termination and cancellation

You may cancel at any time.

DesignerNow may terminate or suspend any and all Services and/or your DesignerNow account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your DesignerNow account, you must Contact us with your termination request. 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.

You can contact us through the contact page or email our support team to issue a termination request. We do not give refunds for termination of account unless within the first 2 weeks of your first payment upon signup. Your account will still be open to requests until 30 calender days has passed from your final payment.

  1. Account Inactivity

After a period of inactivity, whereby a user fails to log Tasks, DesignerNow reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

  1. Modifications to Terms

We may modify these Terms at any time.  Modifications become effective immediately upon your first access to or use of the DesignerNow Services after the “Last Revised” date at the top of this page.  Your continued access or use of the DesignerNow Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.

  1. Taxes

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the DesignerNow Services by any authority.

  1. Choice of Law; Jurisdiction.

These Terms of Use will be governed by and construed in accordance with the laws of England and Wales, without giving effect to its conflict of law’s provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in England and Wales, and you consent to the jurisdiction of such courts.

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorise or encourage any third party to:

use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by DesignerNow;

upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

prevent others from using the Service; or

use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. DesignerNow reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.