Terms & Conditions

Latest updated: 09 jan 2024

This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement between DesignDub, a company organized under the laws of The Netherlands (“DesignDub”), and the client, whether personally or on behalf of an entity (“Client”), regarding the access and use of DesignDub’s website: https://www.designdub.com (the “Website”), along with any other related media form, channel, mobile website, or mobile application connected or linked to it. By accessing and using the Website, the Client acknowledges their agreement to comply with and be bound by all the terms, conditions, and obligations stated herein. Failure to agree to and adhere to these provisions will result in the immediate prohibition of the Client’s use of the Website, and the Client is instructed to discontinue use promptly. Consequently, the relationship between the Client and DesignDub shall terminate and have no further force or effect between the parties, except for any outstanding obligations for services rendered, which shall remain an ongoing responsibility of the Client towards DesignDub.

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

By utilizing the Website, the Client affirms and guarantees that: they possess the necessary legal capacity to agree to and abide by these Terms of Use; they are of legal age in their jurisdiction of domicile; they will not employ automated or non-human methods to access the Website; they will refrain from engaging in any unlawful or unauthorized activities through the Website; and their usage of the Website will not contravene any relevant laws or regulations.

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 retains the right to monitor the Website to ensure compliance with these Terms of Use and may take necessary legal action in response to any violations of the Terms of Use or applicable laws, statutes, or regulations. Additionally, DesignDub reserves the right to restrict or deny access to the Website or disable the Client’s usage, at its sole discretion, without prior notice or liability to the Client. All decisions related to the management of the Website are made solely by DesignDub and are aimed at protecting its rights and property.

8. Privacy Policy

By using the Website, the Client agrees to be bound by and comply with the Privacy Policy and the terms specifically set forth therein, which are hereby adopted and incorporated into these Terms. Please note that the Website is hosted in The Netherlands. Accessing the Website from outside the European Union, such as the United States, Asia, or any other region, may subject the Client to different laws, statutes, or regulations regarding the collection, use, or disclosure of personal data. By continuing to use the Website and transferring data to The Netherlands, the Client expressly consents to the transfer and processing of their data in The Netherlands in accordance with the General Data Protection Regulation (GDPR).

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.

10. Modification

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

These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

13. Litigation

Any legal action, regardless of its nature, shall be initiated in the courts of the Netherlands. The parties involved consent to the personal jurisdiction of these courts and waive any defenses related to lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is expressly excluded from these Terms of Use.

14. Disclaimer

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).

The client agrees to defend, indemnify, and hold harmless DesignDub, its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors against any loss, damage, liability, claim, or demand. This includes reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the following: (1) the client’s use of the website, (2) breach of these Terms of Use, (3) any breach of the client’s representations and warranties as set forth herein, (4) the client’s violation of the rights of any third party, including but not limited to intellectual property rights.

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.

20. Design Services Availability

DesignDub will only initiate design projects when there is an active membership or when explicitly agreed upon differently (e.g., freelance jobs or hourly rate arrangements). Memberships are to be paid in advance and will automatically renew on a monthly basis unless paused or canceled by the client.

Clients have the option to pause their membership only when there are no active design requests on the Trello board. Membership pause requests are limited to once every billing month, for a maximum of 6 months. After 6 months, the membership will automatically continue, or the client must cancel the membership permanently. Requests for membership pause should be submitted in writing via email to info@designdub.com.

Clients have the right to cancel their subscription, meaning there won’t be a new billing. If a subscription is canceled, DesignDub reserves the right to remove all files and source files from its systems within 14 days after the month concludes, but it is not obligated to do so.

In the event of an automatic payment failure (Stripe), all activities will be halted immediately until the client settles the invoice. A membership will be automatically canceled if a payment is not received within 14 days.

21. Membership Reactivation and Rate Terms

If a membership is paused, clients will retain the same monthly rate upon reactivation. However, if a membership is canceled, the client must sign up again at the rate advertised on https://designdub.com, with no entitlement to discounts or earlier rates after cancellation.

22. Miscellaneous

These Terms of Use, along with any policies posted on the DesignDub website (designdub.com) or pertaining to the website, represent the complete agreement and understanding between you as the client and DesignDub. The failure of DesignDub to enforce any right or provision stated in these Terms of Use does not imply a waiver of such right or provision.

In the event that any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, that specific provision will be removed from these Terms of Use. However, the remaining provisions will continue to remain valid and enforceable. It is important to note that nothing in these Terms of Use, the Privacy Policy, or on the website itself should be interpreted as the formation of a joint venture, partnership, employment relationship, or agency relationship between you as the client and DesignDub.

23. Legal Compliance Disclaimer

Please be advised that the information provided in these Terms & Conditions is intended for general informational purposes only. Laws and regulations, especially those in the Netherlands, may change, and the interpretation of legal documents can vary. DesignDub recommends that all users seek legal advice from a qualified professional to ensure compliance with specific laws and regulations that may apply to their individual circumstances. This document is not a substitute for legal advice, and DesignDub shall not be held responsible for any consequences arising from its use without consulting a legal professional.

24. Contact Information

For any inquiries, questions, or complaints regarding the DesignDub website, please feel free to contact us at the following address: info@designdub.com