Welcome to DesigntripleW!

You are signing up a Contract or an Agreement with DesigntripleW for products and/or services, including without any limitation, ordering of any product and/or services through DesigntripleW website. Being a DesigntripleW client you agree to legally abide by these ‘Terms and Conditions’ and policies, including those Terms and Conditions incorporated by reference. In these Terms and Conditions, all products and/or services provided by, and included at DesigntripleW, may change from time to time, without any limitation. It may include logo, designs, graphics, images, photographs, text, user interface or similar information, content or material, whether protected or not, and other design services, or/and any future product or service offerings of DesigntripleW.

Please read Terms and Conditions carefully. If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from DesigntripleW or enter into your contract with DesigntripleW. DesigntripleW reserves the right to modify, amend, update and change these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review these Terms and Conditions, nevertheless, DesigntripleW also informs of the modification, amendment, suspension, discontinuance or other change to these Terms and Conditions by posting on DesigntripleW’s news section. The renewed Terms and Conditions are not subjected to DesigntripleW’s active clients. Active clients shall thereof be liable to the agreement they signed at the time of placing the order.

You acknowledge and agree that DesigntripleW shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities.

You acknowledge, consent and agree that DesigntripleW may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce these Terms and Conditions, (c) respond to claims that any content violates the rights of third-parties, (d) respond to your requests for customer service, or (e) protect the rights, property, or personal safety of DesigntripleW, its users and the public.

Design Technicalities

(a) Color. The default color model for our logo and stationery is Pantone unless you specify that you require CMYK prior to the start of the project. Illustrative projects having multiples colors will contain CMYK colors by default (due to printing cost reduction).Any format change after the start of the project will have an additional charge. All graphic design projects related to print media will have CMYK format.

Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. DesigntripleW highly recommends that you request a printed proof prior to finalizing or approving your print materials. DesigntripleW provides printing services if and when required, but will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.

(b) File Format. The source file will be in Adobe Illustrator (AI) format. The fonts will be converted into outlines. Other formats included are, for logos: AI, PDF, PNG and JPG, for stationery: AI, PDF and JPG, for graphic design: AI, and PDF, and website: PSD, CSS, HTML, (FLA, SWF and PHP if included in your website).  Additional formats can be requested at an additional charge.

(c) Illustrative Logo. Some logo designs may require illustration, or hand drawn sketch which is beyond the limitation of a standard logo design procedure. Our illustration process is as follows:

• Your first draft will contain a hand drawn sketch of the idea you have presented in your project brief.
• If you are not satisfied with the first sketch, we will provide one (1) additional redraw of concept in our ‘Corporate’ section. After the first sketch, we do not offer any redraw of illustrative logos for our ‘Business’ section unless the ‘Business’ client pays an additional charge. Additional redraw is £50 per concept.
• DesigntripleW will provide only two (2) revisions to the illustration (for ‘Corporate’ and ‘Business’). If you require more than two (2) revisions, an additional fee of £10 with one (1) revision to sketch modification will be applied.
• Once you approve an illustration, DesigntripleW will convert your sketch to a digital (vector) art format.
• The logo process proceeds normally from this point onward.

(d) Description. DesigntripleW is an online service offering individuals and entities who have signed with DesigntripleW as clients (each, a client) can post specific assignments and project description, including illustrative samples or other media (referred as project brief), revise those project brief as ‘revision’, obtain responses (as drafts) from our experts retained by DesigntripleW (members). DesigntripleW will provide you product and/or services according to the package you have selected. Your responses as revisions will be created with amendments through drafts and sent to you for approval. Ultimately when the revision phase is through with, you will have your final product and/or service ready for use/market.

(e) Project Brief and Revisions Notes. You are solely responsible for preparing and posting descriptions of each of your project brief and revisions to the website, including providing sample or reference files and/or other supporting material if any. When DesigntripleW provides you a revision, it is your held responsibility to review these revisions and reply in a timely manner. If incase you have realized to submit wrong notes for project brief or revisions, you shall submit a new project brief or revision within 24 hours, stating to ‘disregard earlier revision or response’ to the website. Once you have provided a new note, your response will be provided with 2-5 business days that conforms to the notes you submitted.

(f) Revisions. For logos, your revision draft usually consist of 1-6 compositions (depends on the nature of the notes you submitted) that incorporates the change you requested. The purpose of revision is to move your project to a direction you have determined for your image. You may request significant changes in the first two drafts (only) that might be different in nature from the original composition you selected. By the time you have reached the third draft your request shall be the modifications of the current composition only.

(g) Finalization. Any notification in the DesigntripleW project organizer panel to ‘finalize’, or other written notification such as fax or registered e-mail address to ‘finalize’ any project (including without any limitation of services) the project will be deemed ‘finalized’ and ‘completed’. DesigntripleW will send you your final files via e-mail. Finalization or acceptance of any final files of any project will fulfill DesigntripleW’s Satisfaction Guaranteed policy. Any package or services (with or without limitation) that were presented to you, and were ‘not’ finalized, will remain the property of DesigntripleW and may not be used in any way by you, the client, without purchasing or receiving explicit written permission from DesigntripleW.

Eligibility, Access, Use and Service

(a) Eligibility Requirements. To register as a client, you must be at least 18 years of age, agreeing to DesigntripleW’s Terms and Conditions, and complete the registration procedure. By registering as a client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete, accurate and authentic and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. DesigntripleW may accept or reject your registration in its sole discretion.

(b) Authorization to Use and Permitted Uses. You may access and use the service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the website. You may provide project briefs and obtain revisions only if you register as a client. Any use of the website is at your sole risk and responsibility.

(c) Prohibited Uses. You may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the website. Additionally, you agree to comply with all applicable laws with your use of service. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the website that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy, publicity or legal rights of others (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity (v) contains any form of malicious software, spyware, viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a client (b) delete or revise any material or other information of any other user of DesigntripleW (c) take any action that imposes an unreasonable load on the website’s infrastructure (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the service or any activity being conducted on the website.

Payment

Your designs will be sent to you on the e-mailed address that was provided at the time of order. If incase the e-mail address is not valid or is filtered by your e-mail system, DesigntripleW will not be liable for any late service fees, nor is legally responsible to any refund. DesigntripleW is entitled, in its sole and absolute discretion, to withhold any products and/or services obligated to deliver or provide under your contract until payment in full has been received.

Refund Request & Policy

In any event, any deposited funds for a project shall not be subject to refund after delivery of the first set of draft or as specified in the reference order. Unless DesigntripleW cancels or terminates your contract for a reason other than your breach or non-performance, DesigntripleW shall not refund any portion of your purchase price. If for any reason a refund is granted, DesigntripleW will exclude the administration fee and services rendered of either 50% or £100, whichever lower, subjected to the amount of the package you purchased. DesigntripleW will only refund your money if our management team has deemed that DesigntripleW has not delivered services in an efficient and effective manner as promised. If you have finalized first portion of any package and request a refund on the other services included with your package, DesigntripleW will refund only the value of services in the package that were not started. Refunds will not be granted towards the finalized portion of your package.

Project Inactivity Penalties & Fees

You agree to provide timely responses to any status notifications that DesigntripleW sends to you. You shall have 60 days to respond to each response sent to you. If after 60 days you have failed to respond, DesigntripleW will assume that your project is complete and the project shall be deemed completed. At such time, DesigntripleW will have no further obligation to you, and you will pay DesigntripleW pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, DesigntripleW reserves the right, in its sole discretion, to terminate your access to all or a portion of the service, at any time, with or without notice. In the event of such termination, DesigntripleW will determine, in its sole discretion, whether you are entitled to any refund. If for any reason a refund is granted, DesigntripleW will exclude the administration fee of either 30% or £50, whichever lower, subjected to the amount of the package you purchased.

Ownership & Rights to Use

Website and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between DesigntripleW and you, DesigntripleW will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the website and service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the website or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of DesigntripleW, including ‘DesigntripleW’, without the prior written consent of DesigntripleW, as determined in its sole discretion, for each such use.

Rights of DesigntripleW

Upon your submission of client information to the service, you grant DesigntripleW a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such client Information, for the full term of any intellectual property rights that may exist in such client information to the extent necessary to provide you with the service and responses.

Rights of Clients

Subject to your compliance with these Terms and Conditions, you shall own the final response composition provided to you by DesigntripleW (the ‘Final Files’). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final product, and DesigntripleW expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to DesigntripleW a royalty-free, irrevocable exclusive worldwide right to use project brief and revision notes, individual responses provided to you, and final product for internal and archival purposes, and in order to display and promote the DesigntripleW service. DesigntripleW retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to final files only, and that no trademarks or service marks in or to any final product are being conveyed under these Terms and Conditions. You hereby acknowledge that DesigntripleW shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final product. Accordingly, you are encouraged to perform your own independent searches with regard to the final product. Furthermore, you acknowledge that DesigntripleW shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final product, nor shall DesigntripleW be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final product.

Access Numbers, Passwords, and Password Access

You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Website. You shall immediately notify DesigntripleW if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Website. In the event of such loss, theft, or unauthorized use, DesigntripleW may impose on you, at DesigntripleW ‘ sole discretion, additional security obligations.

Security Breaches and Revision

If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform DesigntripleW. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Communication

By using the DesigntripleW service, you agree to receive, via e-mail or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our clients. This is essential to maintaining the low-cost of our services. You are free to unsubscribe from any newsletters we send to you at any time. DesigntripleW may or may not use a third party to send e-mail or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with DesigntripleW privacy policy.

Miscellaneous Provisions

(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings as a condition precedent to clients’ use of the service, between you and DesigntripleW regarding the subject matter of these Terms and Conditions.

(b) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

(c) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.

(d) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.

(e) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless DesigntripleW agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. DesigntripleW may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.

(f) Waiver. The waiver by DesigntripleW of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

(g) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

(h) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

(i) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.

(j) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.

Release from Claims

The Service serves solely as a venue for the creation of work and DesigntripleW does not regularly screen or censor any information or material posted to the Website. Although DesigntripleW makes commercially reasonable efforts to determine the identity of Clients, DesigntripleW cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because DesigntripleW does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, if you have a dispute with one or more users, you hereby release DesigntripleW (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnification

You hereby agree to defend, indemnify and hold harmless DesigntripleW and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the website, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.

Satisfaction Guaranteed Provision

All reasonable efforts will be made to create project that meet specifications within the confines of each package or services. Significantly, if a client is not satisfied after a number of redraws and/or revisions offered in your package, DesigntripleW will attempt create a design that will be acceptable to the client. However, if a client is satisfied based on the design specifications set out on the order form, DesigntripleW is not obligated to continue creating new concepts. If client fails to provide reasonable information that assist designers in coming up with a design, DesigntripleW shall in no way be held liable.

Proprietary Rights

You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to DesigntripleW or refer to DesigntripleW in furtherance of or in connection with your contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logo, designs, graphics, images, photographs, text, user interface or similar information, content or material, whether protected or not, and other design services, or/and any future materials or information.

Termination

DesigntripleW reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by DesigntripleW, your contract and/or your access to the DesigntripleW website, at any time and without prior notice. You agree that DesigntripleW shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your contract or your access to the DesigntripleW website. In the event that DesigntripleW rejects, cancels or terminates your contract or your order for a reason other than your breach or non-performance under your contract, DesigntripleW will return any amounts prepaid by you relating to the rejected, canceled or terminated contract or order.

Copyright & Trademark Notices

All intellectual property of DesigntripleW, including all website screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DesigntripleW in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of DesigntripleW is strictly prohibited.

Copyright © 2009 by DesigntripleW.com.  All rights not expressly granted herein are reserved.

General

These Terms and Conditions, together with your contract, shall constitute the sole agreement and understanding between you and DesigntripleW regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and DesigntripleW regarding the subject matter hereof, whether written or oral, other than your contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon DesigntripleW unless otherwise agreed to by DesigntripleW in writing. The failure of DesigntripleW to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Arbitration

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the United Kingdom Arbitration Act of 1996.  The arbitration hearing shall take place in London, England and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues.

Limitation Of Liability

To the fullest extent permitted by law, in no event shall DesigntripleW or any subsidiary, affiliate, officer, director, shareholder, agent, employee or representative thereof be liable to you or any third party making a claim through you for any damages whatsoever, including but not limited to any special, incidental, direct, indirect, punitive or consequential damages whatsoever (including without limitation damages for loss of profits, loss of use, business interruption or loss of information or the cost of procurement of substitute products or services), arising out of or related to your contract, these terms and conditions, or the products or services provided by DesigntripleW to you, even if DesigntripleW has been advised of the potential for such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. Notwithstanding any provision to the contrary contained in your contract or these terms and conditions, DesigntripleW’s liability to you for any damages related to or arising out of the contract or DesigntripleW’s provision of products or services shall not exceed the aggregate amount paid by you to DesigntripleW under your contract or for such products or services.

Disclaimer Of Warranties

You hereby expressly acknowledge and agree that the information, software, codes, products, services, text, graphics, logos or other items and materials provided or made available by DesigntripleW are provided ‘as is’ without any express or implied warranty of any kind. To the fullest extent permitted by law, DesigntripleW hereby disclaims all implied warranties of any kind, including without limitation warranties of merchantability, suitability, infringement of intellectual property rights, or fitness for a particular purpose. DesigntripleW makes no warranty that its products or services will be provided in a timely and secure manner, or without errors or defects, or that its products or services will not infringe on the intellectual property or proprietary rights of any third party. DesigntripleW does not warrant that the results obtained from your use of the products or services provided by DesigntripleW will meet your expectations.

Dated: 27/08/2009