Terms & Conditions

Last updated: March 1, 2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between DesignCraft.me, a company organized under the laws of the state of Florida (“DesignCraft.me”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of DesignCraft.me’s website: https://designcraft.me/ (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 DesignCraft.me shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay DesignCraft.me for services rendered shall remain and continue to be an ongoing obligation owed by Client to DesignCraft.me.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of DesignCraft.me 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 therein (the “Marks”) are owned and controlled by DesignCraft.me and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, 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 DesignCraft.me’s express prior written permission. DesignCraft.me reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding DesignCraft.me’s ownership of Submissions, as described in Paragraph 6 (“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 DesignCraft.me to become the owner of a Project, in whole or in part, rather than Client, DesignCraft.me irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to DesignCraft.me 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. DesignCraft.me always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in Section 24 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by DesignCraft.me and require a commercial license for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), DesignCraft.me 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 DesignCraft.me 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.

4. User Representations

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

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 DesignCraft.me on behalf of the Client. Further, Client agrees to refrain from the following:

  • 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 DesignCraft.me or other users.
  • Interfering with, disrupting or creating an undue burden on the Website or DesignCraft.me’s networks or servers.
  • Using the Website in an effort to compete with DesignCraft.me.
  • 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.
  • 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 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.
  • 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 DesignCraft.me.
  • Using the Website in a manner inconsistent with any applicable laws, statutes or regulations.
  • Harassing, annoying, intimidating or threatening any of DesignCraft.me’s employees, independent contractors or agents providing services through the Website.
6. 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 DesignCraft.me. DesignCraft.me is under no obligation to maintain the confidentiality of a Submission. DesignCraft.me shall be the exclusive owner of all rights related to the Submission, except to the extent that rights are granted to Client under Section 2 (“Ownership of Materials”). DesignCraft.me may, at its sole discretion, use and disseminate a Submission for any lawful purpose without seeking permission, acknowledgment, or offering compensation to the Client. Client confirms that they have the right to provide the Submission and hereby waives all claims against DesignCraft.me for its use of the Submission in line with these terms.

7. Management and Oversight

DesignCraft.me retains the authority to monitor the Website for breaches of these Terms of Use and to pursue legal action in response to any violations of these terms or relevant laws and regulations. Additionally, DesignCraft.me may, at its sole discretion, limit or deny access to the Website or deactivate the Client’s use of the Website without prior notice or liability. All decisions related to the Website's management aim to safeguard DesignCraft.me's rights and assets.

7A. Service Delivery

DesignCraft.me is committed to providing high-quality design services tailored to meet our clients’ specific needs. We outline the scope of services and deliverables on our landing page.

  • Scope of Services: DesignCraft.me offers a comprehensive suite of design services. If a project requires expertise beyond our immediate capabilities, DesignCraft.me may engage third-party designers or specialists to deliver the best possible results, with any additional costs requiring client approval.
  • Deliverables: Each project's deliverables will be detailed at the onset of our engagement with DesignCraft.me. Built on flexibility, DesignCraft.me accommodates your evolving needs. Within the scope of your chosen pricing plan—subscription or one-time purchase—DesignCraft.me welcomes an unlimited number of design requests and revisions. The goal is to ensure final deliverables meet your satisfaction, aligned with the project's scope.
  • Turnaround Times: Our plans, including both the subscription-based as well as the one-time purchase plan, offers an average turnaround of 48 hours. These times are based on our active working hours. Most requests are often completed in less time, providing efficient service while maintaining quality. For details on our daily work schedule, please refer to Section 8 of this document.
  • Additional Communication Channel Access: While our standard collaboration process is designed to be efficient and asynchronous through Trello and figma, and we understand that certain projects may require more direct and immediate communication. If a client requires our participation in their internal communication channels, such as Slack, this can be arranged under specific circumstances. An additional premium of $571 per month will be applied to facilitate this level of engagement and ensure continued excellence in service delivery to all of our clients.
  • Third Party Involvement: Should third-party services be necessary, we will provide full transparency regarding the potential costs and seek the client's consent prior to proceeding. DesignCraft.me's aim is to ensure that any collaborations with external providers enhance the value and quality of the final deliverable, without unexpected expenses or delays.
8. Service Availability

DesignCraft.me is committed to providing consistent, high-quality service to all our clients. This section outlines our approach to maintaining service standards while also respecting our need for scheduled downtime, personal leave, and unexpected contingencies.

  • Standard Working Days and Hours: Our regular business hours are Monday through Thursday. We operate on an extended-hour basis, typically working 10-12 hours each day. These are the days and hours when active project work, communication, and product demos are scheduled.
  • Unexpected Absences: In the event of sickness or emergency, which may occur outside of our standard working days and hours, we will notify affected clients at the earliest opportunity and make arrangements to minimize disruption to ongoing projects.
  • Continuity of Service: We strive to ensure continuity of service by managing client load and project timelines within our working days. Clients will be kept informed of their project status and our availability regularly.
  • Scheduled Downtime: We prioritize work-life balance and our team's well-being by observing a three-day weekend. Clients will be notified in advance of any non-standard downtime to ensure project timelines are adjusted accordingly.
9. Account Management
  • Subscription Adjustments: DesignCraft.me, offers our clients the flexibility to adjust their subscription plans as needed. This includes options to upgrade or downgrade the current plan, subject to the terms and conditions of the specific plan selected.
  • Pausing a Subscription: Clients have the option to pause their subscription at any time. When a subscription is paused by a client, DesignCraft.me will temporarily suspend all services, and the remaining days of the current subscription period will be protected. Clients can resume their subscription at their convenience through their account portal in Stripe, and the remaining days will continue from the point of pause. This feature provides flexibility without any loss of subscription time.
  • Cancelling a Subscription: Clients can cancel their DesignCraft.me subscription at any time and will continue to have access to our services through the end of their billing period. To cancel, please go to the 'Client Login' section on our DesignCraft.me website and follow the instructions for cancellation. Upon cancellation, your account will automatically close at the end of your current billing period. All subscription and payment management for our services, including cancellation, is handled through Stripe. To cancel, access your subscription settings in your Stripe account and turn off auto-renewal.
  • Changes to Price and Subscription Plans: We reserve the right to alter subscription and one-time payment options, as well as adjust our service pricing, as necessary. To show appreciation for our client's loyalty, current subscribers will maintain their existing rate as long as their subscription is active, including during any paused periods. If a subscription is canceled, this special rate is lost. Should you disagree with any future changes, you have the option to cancel your subscription with DesignCraft.me before these changes take effect.
  • One-time purchase flexibility: The Standard plan is available for one-time purchase with no ongoing account management required. Clients have the option to secure design services for a period of their choosing, ranging from one to twelve months. This advance purchase is tailored to accommodate those who prefer extended service without the need for monthly transactions. Additional purchases can be made at any time to extend services as desired.
  • Special Arrangements: On rare occasions, DesignCraft.me may negotiate custom pricing or service terms outside our standard subscription offerings. These arrangements are unique and negotiated on a case-by-case basis. However, apart from the specific negotiated aspects (such as pricing or duration), all other standard terms and conditions of DesignCraft.me continue to apply.
  • Updating Account Information: Clients are responsible for keeping their account information up to date. Updates to personal details, billing information, or contact preferences should be made through the Stripe account portal. Maintaining accurate information is essential for uninterrupted service and accurate billing
10. Privacy Policy

By accessing the Website, the Client consents to and is bound by the Privacy Policy and its specific terms, which are integrated into this agreement. The Website is hosted in the United States of America. If accessing from the EU, Asia, or other global regions, be aware that different laws and regulations regarding personal data collection, use, or disclosure may apply. The Client's ongoing use of the Website and data transfer to the U.S. signifies explicit consent to data processing within the U.S. DesignCraft.me does not intentionally collect or solicit information from individuals under 18 years old. In line with the U.S. Children’s Online Privacy Protection Act, if we become aware that an individual under 13 has provided personal information without parental consent, DesignCraft.me will promptly delete such information.

11. Returns, Refunds, and Chargeback Policy

DesignCraft.me operates with a commitment to client satisfaction. However, given the nature of digital design services, our policy on returns, refunds, and chargebacks are as follows:

  • Subscription Plan (Pro): Clients may request a refund within the first month of service, subject to our discretion. Each request will be evaluated on a case-by-case basis, considering the work completed and the terms agreed upon. Should a refund be granted, a 33% cancellation fee will be applied to cover services rendered and administrative costs. In the event of a refund, all designs and materials provided by DesignCraft.me remain our intellectual property, and the client must cease any use of these materials immediately.
  • One-Time Payment Plan (Standard): Clients who opt for one-time payment plans, including those purchasing up to 12 months of service, may request a refund within 14 days of purchase, subject to our discretion. A 33% cancellation fee will be applied for any granted refund. For multi-month purchases, the refund will be prorated based on the unused months of service, with the cancellation fee applied accordingly. Similarly, all designs and materials provided remain the property of DesignCraft.me, and the client must cease use immediately upon refund issuance.
  • Chargebacks: Should a client consider a payment dispute or chargeback, we strongly encourage direct communication with us to resolve any issues beforehand. If a chargeback is initiated, DesignCraft.me will dispute the chargeback with all necessary documentation of the services provided and the agreement in place. Clients are liable for any fees or costs incurred by DesignCraft.me as a result of a chargeback, and we reserve the right to invoice and seek payment for these costs. Non-payment of such invoices may lead to legal action. Furthermore, in cases of fraudulent or unjustified chargebacks, legal action will be taken to recover the funds and any additional damages suffered by DesignCraft.me.
  • For Referrals: The referrer bears the responsibility to ensure the referred complies with these terms.

DesignCraft.me reserves the right to modify this policy at any time. Engaging with our services indicates acceptance of this policy.

12. Referral Program Terms

DesignCraft.me values and appreciates the recommendations of our clients. Our referral program is designed to reward existing clients for introducing new clients to our design services.

  1. Eligibility: All current and past clients of DesignCraft.me are eligible to participate in the referral program.
  2. Referral Codes: Participants in the referral program will be provided with a unique referral code. This code can be shared with friends, family, and professional contacts.
  3. Successful Referral: A referral is deemed successful when a new client signs up for our design services using the participant's unique referral code, and remains a client for at least 30 days.
  4. Rewards: For every successful referral, the participant will receive one free week of design services, equivalent to a 25% discount on their next monthly subscription or one-time purchase. This reward will be issued as a coupon code via email within 14 days of the new client's subscription or purchase date. There is no cap on the number of referrals a client can make, offering the potential for unlimited discounts. The referred client will also receive a 10% discount on their first month of service, whether they choose a subscription or a one-time purchase.
  5. Usage of Coupon Codes: The coupon codes provided for a free week of design services are valid for future service periods, whether for a subscription or a one-time purchase, and cannot be applied retroactively. These codes must be utilized within 6 months from the date of issuance; after this period, they will expire. The 10% discount for the referred client is applicable at the time of their initial subscription or one-time purchase and cannot be transferred. Coupon codes cannot be combined with other offers. Clients cannot use their own referral coupons for personal discounts.
  6. Referral Tracking: Participants must ensure their referrals use the correct referral code at the time of subscribing or making a one-time purchase of our design services. DesignCraft.me is not responsible for referrals not correctly attributed to a participant due to the misuse or incorrect input of referral codes.
  7. Modification or Termination: DesignCraft.me reserves the right to modify or discontinue the referral program at any time, without prior notice. Participants will be notified of any changes, which will also be updated promptly in these terms and conditions.
  8. General: Participation in the referral program is subject to the full terms and conditions of DesignCraft.me’s services. By participating in the referral program, clients agree to these Referral Program Terms, as well as the overarching terms and conditions of DesignCraft.me.
13. Affiliate Program Terms

DesignCraft.me offers an affiliate program through Rewardful, designed to reward Affiliates for referring new clients to our digital product design services. When a new client signs up for a service subscription or makes a one-time purchase through an Affiliate's unique referral link, the Affiliate is eligible to earn a commission of 5% of the sale.

Additionally, to encourage referrals, any client that subscribes or makes a one-time purchase via an Affiliate’s referral link will receive a discount of $100 off their service.

Affiliates must register for the program through Rewardful and agree to the terms and conditions as set by Rewardful. DesignCraft.me is responsible for providing the initial discount to the referred client, while Rewardful manages the tracking of referrals, payment of commissions, and reporting of affiliate activities.

The relationship between Affiliates and DesignCraft.me is one of independent contractors. Affiliates' opinions and activities do not represent DesignCraft.me. The affiliate program does not constitute employment, agency, or partnership between the Affiliate and DesignCraft.me.

14. Modification

DesignCraft.me retains the authority to adjust, modify, amend, or remove any content on the Website at our sole discretion. We also hold the right to alter or cease parts or the entirety of the Website without prior notification and without any liability to the Client.

15. Connection Interruptions

DesignCraft.me cannot guarantee uninterrupted access to the Website at all times. Hardware, software, or other unforeseen issues might lead to delays or disruptions that are beyond our control. The Client acknowledges and agrees that DesignCraft.me will not be held responsible for any inconvenience, loss, or damage resulting from any disruptions or inability to access the Website.

16. Force Majeure

In the event that DesignCraft.me is unable to perform any of its obligations under these terms and conditions due to natural disasters, acts of God, alien abductions, pandemics, strikes, equipment or transmission failure, or other causes beyond its reasonable control, such failure to perform shall not be a breach of these terms and conditions. Clients will be notified as soon as reasonably possible of any service interruptions or delays.

17. Governing Law

The Terms of Use are governed by and interpreted in line with the laws of the State of Florida, without giving effect to any conflict of law principles.

18. Litigation

All legal actions, regardless of nature, will be initiated in the state courts of Orange County, Florida or in the United States District Court for the District of Florida. Both parties agree to the personal jurisdiction of these courts and waive any objections related to personal jurisdiction or the convenience of these venues. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are not applicable to these Terms of Use.

19. Disclaimer

DesignCraft.me provides the Website on an "as-is" and "as-available" basis. By using our Website and Services, you acknowledge and agree that it's entirely at your own risk. We expressly disclaim all warranties, whether explicit or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no claims regarding the accuracy, completeness, or reliability of the Website's content or any content on linked websites. We are not liable for:

  • Errors, inaccuracies, or omissions in content and materials.
  • Any unauthorized access to our secure servers and/or any stored personal or financial information.
  • Interruptions or cessation of transmission to or from our site.
  • Harmful components, such as bugs, viruses, or Trojan horses, that may be transmitted to or through our Website by any third party.
  • Any loss or damage incurred from the use of content available on our Website.

Furthermore, DesignCraft.me neither endorses, guarantees, nor assumes responsibility for any third-party products or services advertised or offered on our Website, linked sites, or any site or mobile application featured in any advertising.

20. Limitations of Liability and Indemnification

DesignCraft.me, including its directors, employees, members, contractors, or agents, shall not be held accountable to you or any third party for any direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, lost data, legal fees, court costs, or other damages resulting from your use of the Website.

You agree to defend, indemnify, and hold harmless DesignCraft.me, its affiliates, officers, agents, partners, employees, and contractors from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of:

  1. Your use of the Website.
  2. Violation of these Terms of Use.
  3. Any breach of your representations and warranties set forth in these terms.
  4. Infringement of the rights of a third party, including intellectual property rights.

Despite the above, DesignCraft.me retains the right, at your expense, to assume the exclusive defense and control of any matter that you are obligated to indemnify against. You agree to cooperate with any reasonable requests assisting DesignCraft.me's defense of such matters.

21. User Data

Client holds sole responsibility for all data transmitted or related to any activity undertaken on the Website. DesignCraft.me is not liable for any loss or corruption of such data, and Client expressly waives any claims against DesignCraft.me arising from such loss or corruption.

22. Electronic Communications, Transactions and Signatures

Client consents to receive electronic communications from DesignCraft.me. All agreements, notices, disclosures, and other communications sent via email or through the Website meet any legal requirements for written communication. Client agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by DesignCraft.me or via the Website. Client waives any rights or requirements in any jurisdiction that demand original signatures, non-electronic record retention, or non-electronic payment methods.

23. Acceptance of Terms

By subscribing to a plan, making a one-time purchase, or using the services of DesignCraft.me, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you should not subscribe to or purchase our services.

24. Showcasing Design Work

DesignCraft.me retains the right to showcase design projects on digital platforms, including social media and its website, unless a prior agreement states otherwise. The Client can choose to issue a Non-Disclosure Agreement (NDA) with DesignCraft.me, which would then restrict DesignCraft.me from publicly sharing or discussing the Client's projects.

25. Miscellaneous

These Terms of Use, along with any policies posted on the Website, represent the complete agreement and understanding between the Client and DesignCraft.me. Any failure by DesignCraft.me to enforce a provision of these Terms of Use doesn't imply a waiver of that provision. Should any part of these Terms of Use be deemed unlawful, void, or unenforceable, that specific provision will be considered separate from these Terms but won't affect the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website should be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the Client and DesignCraft.me.

26. Contact Information

For any inquiries or concerns related to the Website, please reach out to DesignCraft.me at: hello@designcraft.me.