Terms & Conditions
Lastest updated: 06/07/2023
1. Intellectual Property Rights
Unless stated otherwise, the Website is the property of DesignDub, and all elements including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (collectively or individually referred to as the “Content”), as well as the trademarks, service marks, and logos displayed on the Website (the “Marks”), are owned and under the control of DesignDub. These intellectual property assets are protected by copyright, trademark laws, and other relevant intellectual property laws or regulations of The Netherlands, foreign jurisdictions, and international conventions. The Content and Marks are provided on an “As-Is” basis for informational and personal use purposes only.
Except as expressly permitted herein, no part of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the express prior written permission of DesignDub. All rights in the Website, Content, and Marks are reserved by DesignDub.
2. Ownership of Materials
While DesignDub retains ownership of Submissions as outlined in Section 4 (“Client Feedback”), all design and original source files created on behalf of the Client (“Projects”) shall belong solely to the Client. The Client shall hold the exclusive copyright ownership of all Projects. In the event that any legal provision would transfer ownership of a Project, in whole or in part, to DesignDub instead of the Client, DesignDub hereby irrevocably and perpetually assigns its entire interest in the Project to the Client without any limitations.
The Client warrants that any materials provided to DesignDub as examples or for incorporation into a project during the design process are owned by the Client and do not infringe upon or misappropriate any rights of third parties, including but not limited to intellectual property rights and rights of publicity. DesignDub reserves the right to share the Client’s design work publicly, such as on social media or the website, unless otherwise agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that a Project utilizes fonts that are not owned by DesignDub and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), DesignDub will provide written notification to the Client, indicating that one or more Third-Party Fonts have been incorporated into the Project. The Client will be advised to purchase the necessary licenses directly from the respective rights-holder(s) of the Third-Party Fonts to ensure legal compliance for reproduction, distribution, or public display of the Project. The notification will include sufficient information for the Client to identify the required licenses and contact the appropriate party for license acquisition.
Provided that DesignDub has duly informed the Client regarding the incorporation of Third-Party Fonts as described above, the Client assumes full responsibility for any consequences arising from the failure to purchase the required licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
5. 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 DesignDub on behalf of the Client. Further, Client agrees to refrain from the following activities: making any unauthorized use of the Website; retrieving data or content for the purposes of creating or compiling a database or directory; circumventing, disabling, or otherwise interfering with security-related features on the Website; engaging in unauthorized framing or linking of the Website; tricking, defrauding, or misleading DesignDub or other users; interfering with, disrupting, or creating an undue burden on the Website or DesignDub’s networks or servers; using the Website in an effort to compete with DesignDub; deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website; bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; harassing, annoying, intimidating, or threatening any of DesignDub’s employees, independent contractors, or agents providing services through the Website; deleting the copyright or other rights notice from any Content; copying or adapting the Website’s software; uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other materials that interfere with any party’s use of the Website or modify, impair, disrupt, alter, or interfere with the use, features, functions, operations, or maintenance of the Website; uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism; disparaging, tarnishing, or otherwise harming DesignDub; using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (referred to as “Submission”) provided to DesignDub shall become the exclusive property of DesignDub. DesignDub is not obligated to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. DesignDub shall have full ownership rights over the Submission, except as granted to the Client under Paragraph 2 (“Ownership of Materials”). DesignDub reserves the right to use and distribute the Submission at its sole discretion for any lawful purpose, without requiring permission, acknowledgment, or compensation to the Client. By providing a Submission, the Client affirms that they have the right to do so and waives any claims or recourse against DesignDub for its use of the Submission in accordance with these terms and its sole discretion thereafter.
7. Management and Oversite
DesignDub does not knowingly collect or solicit personal information from individuals under the age of 16 without the requisite parental consent. In accordance with the General Data Protection Regulation (GDPR), if DesignDub becomes aware that personal data has been provided by an individual under the age of 16 without parental consent, DesignDub will promptly take steps to delete such information.
9. Returns and Refunds
DesignDub retains the discretion to deny refunds without prior notice or liability to the Client. Requests for refunds are evaluated on a case-by-case basis. In the event that the Client requests a refund within the first month of service, all materials created by DesignDub shall remain the property of the company and are strictly prohibited from being utilized by the Client in any manner.
If a refund is deemed suitable, a 30% fee will be applied to the remaining billable period.
DesignDub reserves the right to pursue legal action against the Client for any breaches of this paragraph.
DesignDub has the exclusive right to make changes, alterations, modifications, amendments, or removals of any content or aspect of the Website at its sole discretion and for any reason. DesignDub may modify or terminate the Website, in whole or in part, without prior notice and without any liability to the Client.
11. Connection Interruptions
DesignDub cannot guarantee or warrant that the Website will be continuously available and accessible. Factors such as hardware or software issues may result in interruptions, delays, or errors that are beyond the control of DesignDub. The Client acknowledges and agrees that DesignDub shall not be held liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
The DesignDub website (designdub.com) is provided on an “as-is” and “as-available” basis. By using the website and its services, the client acknowledges and agrees that they do so at their own risk. DesignDub hereby disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
DesignDub makes no warranties or representations regarding the accuracy or completeness of the website or its content, or the content of any linked websites. DesignDub assumes no liability for any errors, mistakes, or inaccuracies in the content and materials provided on the website. Furthermore, DesignDub shall not be held responsible for any personal injury or property damage of any nature resulting from the use of the website or its services.
DesignDub does not guarantee the security of its servers or the confidentiality of any personal or financial information stored therein. The company shall not be liable for any unauthorized access to or use of its secure servers or any resulting consequences.
DesignDub shall not be held responsible for any interruption or cessation of website transmission, including but not limited to technical issues, maintenance, or other disruptions. The company also disclaims any liability for any bugs, viruses, Trojan horses, or similar items transmitted through the website by third parties.
DesignDub does not assume responsibility for any loss or damage, whether direct or indirect, incurred as a result of the use of any content posted, transmitted, or made available through the website.
Additionally, DesignDub does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the website or any linked websites or featured in any advertising on the website or any other platform.
Please note that while we strive to provide accurate and reliable information, it’s always advisable to consult a legal professional to ensure compliance with applicable laws and regulations in the Netherlands.
15. Client Responsibilities
The client acknowledges and agrees that it is their responsibility to thoroughly review and verify the accuracy and correctness of the work/design delivered by DesignDub. Upon receiving the completed work, the client must promptly inspect it and notify DesignDub of any identified errors, mistakes, or discrepancies. DesignDub shall not be held liable for any errors, omissions, or inaccuracies in the work/design once it has been approved and accepted by the client. The client’s failure to diligently review and provide timely feedback on the work/design shall constitute acceptance and approval of the delivered work/design.
16. Limitations of Liability and Indemnification
DesignDub, along with its directors, employees, members, independent contractors, or agents, shall not be held liable to the client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages. This includes damages such as lost profits, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or any other damages or losses arising from the client’s use of the DesignDub website (designdub.com).
However, DesignDub reserves the right, at the client’s expense, to assume control and defense of any matter for which the client is required to indemnify DesignDub. The client agrees to cooperate with the defense of such claims.
Please note that it is advisable to consult a legal professional to ensure compliance with specific laws and regulations in the Netherlands and to customize these terms to suit your company’s needs.
17. User Data
As a user of the DesignDub website (designdub.com), you are responsible for all the data that you transmit or that is related to any activity you undertake on the website. DesignDub acknowledges that the security and integrity of your data is important. However, DesignDub cannot be held liable for any loss or corruption of your data. By using the website, you agree to waive any right of action against DesignDub arising from such loss or corruption. Rest assured, we strive to maintain the highest standards of data protection and take appropriate measures to safeguard your information.
18. Electronic communications, transactions and signatures
By using the DesignDub website (designdub.com), you consent to receive electronic communications from us. You acknowledge and agree that all agreements, notices, disclosures, and other communications sent via email or through the website fulfill any legal requirement that such communication be in writing. Additionally, you agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by DesignDub or through the website.
By giving your consent, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that may necessitate an original signature or the delivery or retention of non-electronic records. This also includes any requirements related to payments or the granting of credits, which may be conducted solely through electronic means.
We ensure that our electronic communications, transactions, and signatures comply with applicable legal standards and maintain the necessary security measures to protect your information during such processes.
19. Showcasing Design Work
DesignDub reserves the right to showcase design work created for clients on various digital channels, including but not limited to social media and our website, unless otherwise agreed upon. We believe in promoting our clients and their projects to demonstrate our expertise and capabilities.
However, we understand that some clients may require confidentiality and privacy for their projects. If you, as the client, wish to maintain strict confidentiality, you have the right to issue a Non-Disclosure Agreement (NDA) between yourself and DesignDub. By implementing an NDA, it will override our default right to share or discuss your work publicly, ensuring that your project remains confidential and not showcased without your explicit consent.
21. Contact Information
For any inquiries, questions, or complaints regarding the DesignDub website, please feel free to contact us at the following address: firstname.lastname@example.org