Terms and conditions

Terms & Conditions

Terms of Use

1. Introduction

1.1 This website (“our Site”) promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.

1.2 Use of our Site is on the following terms (the “Terms of Use”). If you do not agree to these Terms of Use, please stop using our Site immediately. By accessing and using our Site you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our Site about how our Site operates and the services which are available, including our Privacy & Cookie Policy and Trading Terms (if applicable).

1.3 We reserve the right to change these Terms of Use from time to time without prior notice by changing them on our Site.

2. Accessing our Site

2.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.

2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3 From time to time, we may restrict access to certain features or parts of our Site, or our entire Site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4 We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.

3. Using our Site

3.1 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2 You cannot use our Site:

  1. for any unlawful purpose;
  2. to send spam;
  3. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
  4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
  5. to tamper with, update or change any part of our Site;
  6. in a way that affects how it is run;
  7. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
  8. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.

4. Intellectual property rights

4.1  All content on our Site including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks, or any of the content of our Site, in whole or in part, except as provided in these Terms of Use.

5. If you provide content for our Site

5.1 If you provide any material to our Site (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.

5.2       You own your User Content at all times, and you continue to have the right to use it in any way you choose.

5.3       By providing any User Content to our Site you confirm that such User Content:

  1. is your own original work or you are authorised to provide it to our Site and that you have the right to give us permission to use it for the purposes set out in these Terms of Use;
  2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
  3. does not take away or affect any other person’s privacy rights, contract rights or any other rights;
  4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Site;
  5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
  6. will not contain any form of mass-mailing or spam.

5.4  If you do not want to grant us the permissions set out above, please do not provide any material to our Site.

5.5  We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason.

5.6  We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

6. Our liability

6.1  Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.

6.2  There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.

6.3  Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:

  1. profits, sales, business, or revenue;
  2. business interruption;
  3. anticipated savings;
  4. business opportunity, goodwill or reputation;
  5. use of, or corruption to information; or
  6. information.

6.4 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

  1. use of, or inability to use, our Site;
  2. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
  3. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
  4. goods, products, services or information received through or advertised on any website which we link to from our Site.

7. General

7.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

7.2 Any formal legal notices should be sent to us using the details set out on our Site.

7.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

7.4 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected3. and shall remain in force.

8. Governing Law and Jurisdiction

8.1 These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.

8.2 The laws of England and Wales apply to your use of our Site and these conditions. We control our Site from within the United Kingdom. However, you can get access to our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country you live in.

9. How to contact us

9.1 If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.

Terms and conditions for our Services

Terms & Conditions

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Designboyo, under the laws of the state of the United Kingdom (“Designboyo”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Designboyo’s website: https://www.designboyo.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Designboyo shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Designboyo for services rendered shall remain and continue to be an ongoing obligation owed by Client to Designboyo.

  1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Designboyo and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Designboyo and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United Kingdom, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Designboyo’s express prior written permission. Designboyo reserves all rights in the Website, Content and Marks.

  1. Ownership of Materials

Notwithstanding Designboyo’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Designboyo to become the owner of a Project, in whole or in part, rather than Client, Designboyo irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to Designboyo as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Designboyo always reserves the right to share the Client’s design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

  1. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Designboyo and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Designboyo will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.So long as Designboyo has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

  1. User Representations

By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.

  1. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Designboyo on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website;Engage in unauthorized framing or linking of the Website;Trick, defraud or mislead Designboyo or other users;Interfere with, disrupt or create an undue burden on the Website or Designboyo’s networks or servers;Use the Website in an effort to compete with Designboyo;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of Designboyo’s employees, independent contractors or agents providing services through the Website;Delete the copyright or other rights notice from any Content;Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm Designboyo;Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

  1. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Designboyo and Designboyo is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Designboyo shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Designboyo for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

  1. Management and Oversite

Designboyo reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Designboyo further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Designboyo, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Designboyo and shall be designed to protect Designboyo’s rights and property.

  1. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Designboyo does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Designboyo without parental consent, Designboyo shall delete that information as soon as reasonably practical.

  1. Returns and Refunds

Designboyo reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Designboyo are ownership of Designboyo and are prohibited from being used by the Client in any way.

If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.

Designboyo reserves the right to take appropriate legal actions against Client for breach of this paragraph.

  1. Modification

Designboyo reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Designboyo reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

  1. Connection Interruptions

Designboyo does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Designboyo’s control. Client agrees that Designboyo shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

  1. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom without regard to conflict of law principals.

  1. Litigation

Any legal action of whatever nature shall be brought in the courts of the United Kingdom. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

  1. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Designboyo disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Designboyo makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Designboyo assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Designboyo’s secure servers and/or any 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 Website by any third party and/or any errors or omissions in 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 through the Website. Designboyo does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

  1. Limitations of Liability and Indemnification

Designboyo and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website.Client agrees to defend, indemnify and hold harmless, Designboyo and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Designboyo reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Designboyohereunder. Client agrees to cooperate with the defense of such claims.

  1. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Designboyo shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Designboyo from any such loss or corruption.

  1. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Designboyo and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Designboyo or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

  1. Showcasing Design Work

Designboyo reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Designboyo, which in turn would void the right of Designboyo to share or discuss Client’s work publicly.

  1. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

  1. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Designboyo. Failure of Designboyo to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Designboyo.

  1. Contact Information

For any questions or complaints regarding the Website, please contact Designboyo at: hello@Designboyo.com.