Terms of Service
1. Introduction
The website graphixdesigners.com belongs to graphixdesigners; which is a registered brand and powered by Graphixdesigners Indian Company (“graphixdesigners”, “us”, and “we”).
These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Site and Services (whether as a Customer or as a Designer). By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.
1.1 Service
1.1. General
graphixdesigners provides an online platform that helps connect and support customers who wish to purchase designs (“Customers”) and designers who wish to provide such designs (“Designers”), including, for example, through Design Projects. “User” means any user of the Site or Service, and may be a Designer or a Customer. “Sold Design” means the applicable winning Design Concept, purchased Design Template (and any customized version thereof), or the design sold under the Project Service. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country.
1.2 Design Project
(a) Customer may create a design Project (“Design Project”) by creating a design brief (“Design Brief”), paying the Customer Payment, and following the other instructions on the Site. The Design Brief must specify the requirements for the Design Project, such that Designers know the rules and criteria on which their Design Concepts will be judged. Designers assigned by graphixdesigners (in graphixdesigners’ sole discretion) to enter a Design Project may submit design concepts (“Design Concepts”) in the format specified by graphixdesigners by following the instructions on the Site. Design Concepts must comply with the Design Brief.
(b) For All the Projects, the Customer must select one winning Design Concept by a certain time specified by graphixdesigners. If no winner is selected in the submission or selection round of a Project, graphixdesigners will retain the Customer’s Advance Payment, and the Customer will have no right to a refund or to use the Design Concepts.
(c) Any project placed on graphixdesigners Online Platform will have (from the Date & Time of placed project), (I) 10 Days of Design Submission Round & 5 Days of Design Selection Round. (II) After 15 Days, Project will get held automatically and the Client needs to contact the graphixdesigners Support to reactivate the Project. For every reactivation request, the project will be reactivated for 3 more days. (III) If the project doesn’t complete within 45 Days & if the Client still needs reactivation of the Project in that case, the client needs to complete all the remaining due payments for that project. (IV) If the client doesn’t complete the project in 90 Days, in that case, Project will be closed forever from the graphixdesigners side and graphixdesigners will keep all the initial payments made for the project.
(d) For the avoidance of doubt, the Customer has no right or license to use any Design Concepts other than the Sold Design. Customer may not: (a) run a Design Project if Customer is tendering the creation of the same design through a service other than the Site; (b) allow or request Designers to submit Design Concepts to Customer via any means other than via the Site; and (c) collude concerning the awarding of a winner in a Design Project or awarding a separate account held by Customer as the successful Designer in a Design Project. (d) Customers and Designers must deal on an arm’s length basis and the Customer may not cancel any Design Project to contract separately with a Designer who the Customer meets through the Site which results in the Customer avoiding paying graphixdesigners any Customer Payment or any fees and charges of graphixdesigners. (e) Some jurisdictions provide Customers certain mandatory statutory rights (e.g., right to supplementary performance (e.g., rectification or replacement), right for a refund, right to withdrawal, right to reduce the price, and right to damages in case the Design Concepts are defective) (collectively, “Mandatory Statutory Rights”) which remain unaffected.
2. Payment Terms
The following terms apply to Customers who have purchased a Sold Design and Designers who have sold a Sold Design.
2.1 Payment and Delivery
(a) the Customer will pay the Payment to graphixdesigners and will clear all the remaining dues of the project, and (b) the Designer will upload the appropriate files of the design to the Design Handover Tab, in a format specified by graphixdesigners. For the Project Services, (1) the Designer will upload the Design and if the Customer accepts the Design as described above, then (2) the Customer needs to complete all the due payments before selecting the final design. The “Customer Payment” means (i) the price selected by the Customer when the Customer created a Design Project as set forth at graphixdesigners.com and addon prices if selected while placing the projector while working on a project through the project addon page. or (ii) the invoiced price for the Bulk Project Request issued through the graphixdesigners before starting the project.
2.2 Refunds.
All the payments made to graphixdesigners are completely nonrefundable. We believe in quality work towards any design task and we give our best to satisfy the clients from our end. For the same reason, we do not believe in full advance payment and wants to keep our dues to our clients until our designers satisfy clients’ need. graphixdesigners may refund Customers for the following reasons: (i) the Sold Design is Defective; (ii) graphixdesigners is required by law or considers that it is required by law to do so; (iii) graphixdesigners determines that issuing a refund to the Customer will avoid any dispute or increased costs to graphixdesigners; (iv) graphixdesigners issues the refund to Customer under any refund policy specified by graphixdesigners from time to time; (v) the order placed (or request made) by Customer is found to be fraudulent. A Sold Design will be deemed to be “Defective” if: (i) Customer and Designer agree it is defective and notify graphixdesigners of this fact; (ii) the Sold Design is subject to a third party claim that the Sold Design infringes/misappropriates such party’s IPR, that is not frivolous. If any reason regarding design, graphixdesigners refunds the payment to the Customer; then the designer will have to reimburse the total project amount (not only the project incentive) to the graphixdesigners. If the designer failed to do so or failed to cooperate with the graphixdesigners then graphixdesigners will take appropriate legal action against the designer and the designer may face consequences for the same.
2.3 General Payment Terms
All payments will be in the local currency based on the location of the Site. You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold Designs via the Site. graphixdesigners is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT, or other taxes which may be levied in respect of a transaction contemplated by this Agreement.
3. Design Transfer Agreement
The Design Transfer Agreement is available at graphixdesigners.com and sets forth the legally binding terms between the applicable Designer and Customer for the sale of a Sold Design through the Design Project.
4. Important Disclaimers
4.1 Disclaimer
We make no warranties regarding the Design Projects or any other products or services provided by us, Designers, Customers, or other Users and each of the foregoing are provided by us “AS IS”. Designers sell and Customers buy Sold Designs at their own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction. Your interactions with other users are solely between you and such Users and graphixdesigners will not be responsible for any loss or damage incurred as the result of any such interactions (excluding those directly due to graphixdesigners’ acts or the Services). If there is a dispute between you and any User, we are under no obligation to become involved. Notwithstanding the foregoing, graphixdesigners will use commercially reasonable efforts to provide the Services described in this Agreement.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, your use of the Site and/or Services, any interactions or transactions of you with, or act or omission of you in relation to other Users, including Customers and Designers and Third Party Sites & Ads (excluding those directly due to graphixdesigners’ acts or the Services). graphixdesigners does not warrant that the functions supplied by, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the service is with client. In no event will Company be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo(s) or any design/material, even if company has been advised of the possibility of such damages.
Our telephonic support will not be available for international calls (calls from outside India) but user/client can get in touch with us on the same contact number (+91 9825568480) through a WhatsApp call, but that too should be within the working telephonic hours (IST 10:30 AM to 6:30 PM).
4.2 Project Termination:
If a client fails to respond or provide necessary information for more than 30 consecutive days, we reserve the right to terminate the project. In such cases, the project will be considered inactive, and the client will not be eligible for any refund. Graphixdesigners will not be held responsible for any delays or issues arising from the client’s lack of responsiveness. Clients are encouraged to communicate any issues or concerns promptly. By engaging in our services, clients acknowledge and accept this policy regarding project termination due to prolonged inactivity.
5. User Content
5.1 Your User Content
“User Content” means any information and content that a User submits to, or uses with, the Site or Services. User Content includes Design Projects, Design Concepts, reviews, and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by graphixdesigners. Because you alone are responsible for your User Content (and not graphixdesigners), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. graphixdesigners is not obligated to remove any Design Projects, Design Concepts, or Reviews from the Site unless required by applicable law. graphixdesigners is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
5.2 License to User Content
You hereby grant, and you represent and warrant that you have the right to grant, to graphixdesigners an irrevocable, nonexclusive, royalty-free, and fully-paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely to include your User Content in the Site and Services; provided that graphixdesigners will only use your Design Brief and Design Concepts to run the applicable Design Project under the private or public settings of the Design Project. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution concerning your User Content. For the avoidance of doubt, the Designer’s license or assignment of the Sold Design to the Customer is outlined in the applicable Design Transfer Agreement.
6. Site
6.1 License
Subject to the terms of this Agreement, graphixdesigners grants you a non-transferable, non-exclusive, license to use the Site and Services (excluding Design Projects, designs in the Project Service, and Sold Designs) for your internal business purposes. For the avoidance of doubt, the Designer’s license or assignment of the Sold Design to the Customer is outlined in the applicable Design Transfer Agreement.
6.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services, or otherwise host or sub-license the Site and/or Services (or any part thereof); (b) you shall not modify, make derivative works of, adapt, translate, disassemble, reverse compile, decompile or reverse engineer any part of the Site or Services, or otherwise attempt to discover the source code in the Site and/or Services (or any part thereof); (c) you shall not access the Site or Services to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. graphixdesigners reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that graphixdesigners will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that graphixdesigners will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
6.3 Feedback / Review
If you provide graphixdesigners any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign and agree to assign upon our request to graphixdesigners all rights in the Feedback and agree that graphixdesigners shall have the right to use such Feedback and related information in any manner it deems appropriate. graphixdesigners will treat any Feedback you provide to graphixdesigners as non-confidential and non-proprietary. You agree that you will not submit to graphixdesigners any information or ideas that you consider to be confidential or proprietary.
6.4 Ownership
Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by graphixdesigners or graphixdesigners’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. graphixdesigners and its suppliers reserve all rights not granted in this Agreement.
7. Acceptable Use Policy
