OVERVIEW

Welcome to Designon.io, the website and online service of DesignOn (“Designon.io”, “DesignOn”, “we,” “our” or “us”). By signing up as a client of DesignOn or using the designbold.com/now website, you agree to be legally bound by these conditions. Please read these terms and conditions carefully. DesignOn may change these terms at any time by updating this page. You should visit this page periodically to review these conditions, as they are binding to you. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree with all of these terms, then you are expressly prohibited from using the site and must discontinue use immediately.
If you are using the Site or the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and DesignOn for violations of these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of DesignOn following the posting of a revised Terms of Use means that you accept and agree to the changes. You are to check this page from time to time so that you are aware of any changes, as they are binding on you. We will use our best efforts to provide notice to any registered users or guests about the changes to these Terms of Use.

Online Service Term

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our service or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

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 wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the services and prices

Prices for our service or products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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.

User representation

By using the site, you represent and warrant that:
– All registration information you submit will be true, accurate, current, and complete.
– You will maintain an accuracy of such information and promptly update such registration information as necessary.
– You have the legal capacity and you agree to comply with these terms of use.
– You are not a minor in the jurisdiction in which you reside.
– You will not access the site through automated or non-human means, whether through a bot, script, or otherwise.
– You will not use the site for any illegal or unauthorized purposes.
– Your use of the site will not violate any applicable laws or regulations.
– If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

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.

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
– Errors, mistakes, or inaccuracies of content materials.
– Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site.
– Any unauthorized access or use of our secure servers and/or any and all personal information and/or financial information stored therein.
– Any interruption or cessation of transmission to or from the site.
– Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
– Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
– We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.

Limitations

In no event will designbold.com/now, any of our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site. Even if we have been advised of the possibility of such damages.

Governing Law

Any claim relating to DesignOn’s website shall be governed by the laws of the Socialist Republic of Vietnam without regard to its conflict of law provisions.

Accuracy of Billing and Account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Fees and Refund

You agree to pay the monthly fees specified during registration in full each month prior to any services being rendered by DesignOn under this Agreement. You further agree to authorize DesignOn to automatically charge your method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to DesignOn that such billing information is accurate, up to date, and that you’re authorized to make the payment.
You may cancel your subscription with DesignOn at any time. Upon cancellation, you will continue to have access to the DesignOn services through the end of your paid billing term. DesignOn may change its fees from time to time by posting the changes on the Site with 7 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You can request a full refund on signing up for the first time for either our Basic plan or Premium plan if:
– You did not use the service.
– You did not like the artwork we created.
After 7th day of signing up, there are no 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.
To qualify for the full refund, you must create at least 1 project and you must give us at least two pieces of feedback for our designers to get it right.
– Eligibility for refund is voided if the first project is approved.
– Eligibility for refund is voided once you request for the source/open files for even one of your requests/projects.
– Eligibility for refund is not valid for $20 Pay as You go plan.
– Eligibility for refund is not applicable to renewals / existing customers.
All refund requests are reviewed, approved and processed at the sole discretion of DesignOn. If a refund request is approved, the refund will be issued for the equivalent of one monthly payment to the original payment method within 3-4 business days. Refund requests will not be approved for more than one monthly payment.
To initiate a refund request please send an email to [email protected] outlining the grounds on which you are submitting your refund request.

Your uploaded content

Any text, documents, pdf, images, videos, files you upload to our server or submitted through email are considered “your content”. All materials and contents submitted to us when creating your design request or projects remain your property. You are held 100% liable for all content submitted and their use in the completed design. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work DesignOn submits back to you.
Responsibility for your content: you understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.

Permission to use your content

By posting your content through our Google form or submitting them via Slack/email, you grant designbold.com/now a license to use it. DesignOn will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use.

Rights you grant DesignOn

By posting your content, you grant DesignOn a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content to provide the services and to promote DesignOn.

Reporting unauthorized content

If content that you own or have rights to has been posted to the services without your permission and you want it removed, contact us via email. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice.

Source files

Source files are kept only within 2 weeks upon the completion of the request and are automatically removed without further notice.

Inappropriate, false or misleading content

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our terms. You also agree not to post any content that is false and misleading or uses the services in a manner that is fraudulent or deceptive.
Ownership, copyright, trademark, and provided files
All final graphics and original source files created while you are subscribed are yours to keep and own. The demo version of your graphic is not considered as a part of the final product. You must provide our designers with sufficient content and instructions to complete the work. All files submitted to DesignOn must be owned by you and not be stolen from another entity. You are 100% responsible for all materials submitted to us to create designs for you. Even in the completed design that we submit to you, we are not liable for any infringement on intellectual property rights.
You agree to indemnify, defend, and hold harmless DesignOn and its affiliates, officers, members, managers, agents, successors and assigns (the “indemnified parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this agreement, (ii) your use of the services provided pursuant to the site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Releasing completed work

We hold ourselves to a high-quality standard and would never intentionally submit final files with errors to you. However in events that you do receive a file with errors, please notify us promptly and we will do our best to quickly make the revisions and re-submit to you. DesignOn is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering a print or finalizing for marketing.

Confidentiality

All communication between you and any DesignOn representatives are held confidential. We will not disclose your private information or project information with unauthorized users.

Delivery output

You may submit as many design requests as you humanly can and all requests will be stored on our management platform and prioritized accordingly. Our team will work on one-two designs at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project. You can also pause or cancel a project if you no longer wish for that project to be completed. Pausing or cancelling a project will instantly stop its production and allow our team to move onto the next project in line.

3rd party websites and content

DesignOn has not reviewed or approved all sites linked to its Internet web site. DesignOn is not responsible for any contents of any such linked websites. 3rd party links do not imply endorsement by DesignOn. Please use your best judgement and discretion when using such links.