Terms and Conditions of Use

 

These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website or services.

 

1. Services
   • Scope of Services: Designs 365 provides a range of digital marketing services, including web design, development, logo design, graphic design, hosting solutions, SEO, and SMM. The specific details and scope of the services will be agreed upon separately in a mutually signed agreement or statement of work (SOW).
   • Client Responsibilities: As a client, you agree to provide accurate and complete information required for the delivery of our services. You are responsible for providing any necessary materials, content, and approvals within the agreed timeframe. Delay or failure to provide required information may result in a delay or termination of services, subject to our discretion.

 

2. Intellectual Property
   • Ownership: Unless otherwise specified in a separate agreement, Designs 365 retains all intellectual property rights to any designs, concepts, code, or materials created or developed by us in the course of providing our services. Upon full payment of the agreed fees, we grant you a non-exclusive, non-transferable license to use the deliverables solely for the purpose specified in the agreement.
   • Client Materials: You represent and warrant that any materials provided by you for use in connection with our services do not infringe upon any third-party intellectual property rights. You grant us a limited license to use and modify such materials solely for the purpose of providing the services.

 

3. Payment and Fees
   • Pricing: The fees for our services will be as agreed upon in the signed agreement or SOW. Prices are exclusive of any applicable taxes unless otherwise stated.
   • Payment Terms: Payment terms, including the schedule and method of payment, will be specified in the signed agreement or invoice. All payments are due within the agreed timeframe. Failure to make timely payments may result in suspension or termination of services.

 

4. Confidentiality
   • Confidential Information: Both parties acknowledge that during the course of providing and receiving services, they may have access to confidential information. Confidential information includes, but is not limited to, trade secrets, business strategies, customer data, and technical information. Both parties agree to keep such information confidential and use it solely for the purposes of the agreed services.
   • Exceptions: The obligation of confidentiality does not extend to information that is publicly available, rightfully obtained from a third party, or required to be disclosed by law.

 

 

 

5. Limitation of Liability
   • Disclaimer: Designs 365 will make reasonable efforts to provide accurate and reliable services. However, we do not warrant that our services will be error-free, uninterrupted, or free from viruses or other harmful components. The use of our website and services is at your own risk.
   • Limitation of Liability: In no event shall Designs 365 be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use or inability to use our website or services, even if advised of the possibility of such damages. Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid by you for the specific services giving rise to the claim.

 

6. Governing Law and Dispute Resolution
   • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
   • Dispute Resolution: Any disputes arising out of or relating to these Terms or the provision of our services shall be resolved through good-faith negotiation. If the parties are unable to reach a resolution, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

 

7. Modification and Termination
   • Modification: Designs 365 reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised version on our website. Continued use of our website or services after the effective date constitutes acceptance of the modified Terms.
   • Termination: Either party may terminate the services provided under a separate agreement or SOW by providing written notice to the other party. Termination does not relieve either party of its obligations incurred prior to the termination date.

 

8. Severability and Entire Agreement
   • Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
   • Entire Agreement: These Terms constitute the entire agreement between you and Designs 365 concerning the subject matter herein and supersede all prior or contemporaneous agreements, understandings, and representations, whether oral or written.