Terms and acceptance
By accessing and using this website (the “Site”) or using Delesign’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Delesign and you, 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 or using Delesign’s services. The materials contained in this website are protected by applicable copyright and trademark law.
This Site is controlled and operated by Delesign, LLC (“Delesign”) from its offices within the United States. Delesign makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
Ownership, trademarks & provided assets
You own all graphics and files we create during any month paid in full. You will be provided with all files related to your finished project, including source, working, and editable files and output files. Delesign will never use any of these graphics or files for purposes other than which you specifically state or grant us permission to use.
You will provide all copy to be used in your designs. You agree that any materials you provide to Delesign, including text, digital files, and any other information provided to Delesign, are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in your designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Delesign that all materials provided do not infringe on the intellectual property rights of third parties. You are fully responsible for reviewing and approving all output that Delesign provides you before using the output for any reason.
You agree to indemnify, defend, and hold harmless Delesign 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, (iii) infringement of third party’s intellectual property rights or other proprietary rights, and (iv) any errors on the output provided by Delesign.
THE MATERIALS ON DELESIGN’S WEBSITE ARE PROVIDED “AS IS”. DELESIGN 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, DELESIGN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL DELESIGN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON DELESIGN’S INTERNET SITE, OR FROM ERRORS ON THE OUTPUT PROVIDED BY DELESIGN, EVEN IF DELESIGN OR A DELESIGN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DELESIGN UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
Revisions and data errata
The materials appearing on Delesign’s web site could include technical, typographical, or photographic errors. Delesign does not warrant that any of the materials on its web site are accurate, complete, or current. Delesign may make changes to the materials contained on its web site at any time without notice. Delesign does not, however, make any commitment to update the materials.
Delesign has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Delesign of the site. Use of any such linked website is at the user’s own risk.
Any claim relating to Delesign’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Fees, refunds and No-Risk Guarantee
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Delesign to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Delesign to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Delesign through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Delesign that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You may cancel your subscription with Delesign at any time. Upon cancellation, you will continue to have access to the Delesign services through the end of your paid billing term. Delesign may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You may request a refund within the first 15 days of a purchase of your first subscription plan. Any additional subscription plans will not be eligible for a refund.
Beyond the 15 day window for your first account, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the client are responsible to use Delesign after payment. Failure to use Delesign will not warrant a refund, neither in full nor in partial.
IP Ownership / Use license
The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Delesign. Except as expressly permitted by Delesign, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Delesign or the copyright owner.
Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You may not:
- Modify or copy the materials
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on Delesign’s website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Delesign at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Delesign reserves the right to terminate your account at any time for any reason, however under such cases you will be refunded for any days left under your subscription.
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Delesign’s proprietary rights in them.
Delesign is designed for the reasonable use of a single individual from a non-creative based small business. Our service under one subscription is not meant to replace a full-time graphic designer, although multiple service subscriptions can always be purchased by you should you wish to have multiple Delesign designers working on your projects.
If we find that you are not in alignment with our model, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic material, we reserve the right to cancel your account.
Your right to use the Delesign services shall terminate upon your breach of any term of this Agreement.
You agree to not solicit or hire your Delesign designer outside of the Delesign platform. You may not pay your Delesign designer outside the Site or otherwise create any agreement with your Delesign designer outside of the offerings provided by Delesign.
You may opt-out of this obligation to not solicit or hire your Delesign designer outside of the Delesign platform by paying an opt-out fee for each such designer relationship (the “Opt-Out Fee”). The Opt-Out Fee is computed as the greater of (i) $24,000 or (ii) 25% of the anticipated annualized salary or wages for one year if the client offers employment directly. To pay the Opt-Out Fee, you must request instructions by sending an email message to firstname.lastname@example.org.
If Delesign determines, in its sole discretion, that you have violated this Non-Circumvention section, Delesign or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Opt-Out Fee (including interest) if permitted by law or send you an invoice for the Opt-Out Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Delesign’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.
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. Delesign is not responsible or liable for any losses, damages, or expenses incurred from errors or omissions.
By default, you agree to provide Delesign with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to email@example.com.
Work and delivery output
One Delesign subscription will provide you with an average of 2 hours of daily design allotment from your Delesign designer. Simple projects may take less than one business day to complete, however more complex projects will take longer. In addition, revisions will increase the amount of time it will take to complete a project. Delesign does not make any guarantees for delivery output, and you agree to not hold Delesign liable for any damages, expenses, or losses incurred from missed deadlines or from projects that take longer to complete than your designer had estimated or stated.
Creative rounds refined
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer, which occurs after you have submitted your design request. Your designer will then be notified of your request, and will review your submission immediately at the beginning of their shift. The designer’s shift depends on the shift schedule you have selected after making your purchase. If the request is unclear, vague, or missing required assets and information, your designer will contact you for clarification. Should everything be clear, they will begin working on your design. Simple designs will often be completed before the end of their shift (a turnaround of less than 12 hours), whereas more complex designs will take longer, determined by complexity. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
Digital Millenium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to firstname.lastname@example.org.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Review the knowledge base
Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of service. You can access our knowledge base at help.delesign.com.