Effective date: 1 October, 2022
Effective date: 1 October, 2022
These Terms and Conditions of Use (the ”Terms”) constitute a legally binding agreement by and between Synapse Communication Design Pvt Ltd (“Design Voilà!”) – a company incorporated under the laws of India and You, whether personally or on behalf of an entity (the “Client”) with regards to access and use of Design Voilà!’s website: https://designvoila.com (the “Website”) and/or the design services (the “Services”) provided by registering for Design Voilà!’s Services, whether through the website or email or any other media form otherwise connected thereto.
The Website may have subdomains and subdirectories and other pages, and they shall constitute an integral part of the Website. For example, we have subdirectories for our contact page: https://designvoila.com/contact; FAQs: https://designvoila.com/faq; etc.
Please ensure that you read and understand all the following Terms regarding your use of the Website and/or the Services provided therein.
Failure to agree and adhere to all the Terms contained herein results in the express prohibition of the Client’s use of the Website and/or Services, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Design Voilà! shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Design Voilà! for services rendered shall remain and continue to be an ongoing obligation owed by Client to Design Voilà!
This Website and/or Services are controlled and operated by Design Voilà!’s registered office in India. Design Voilà! makes no representation that the deliverables (as defined hereunder) are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside India are responsible for compliance with all applicable laws.
Unless otherwise indicated, this Website is the property of Design Voilà! 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 there (the “Marks”) are owned and controlled by Design Voilà! The Content and Marks are provided “As-Is” for your information and personal use only. 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.
You are responsible for providing Client Content (as defined hereunder) that can be legally used in your deliverables. You agree that you own all of the rights of any fonts, images, audio, video, animations, text, graphics, etc. (the “Client Content”) of any nature and regardless of format that you provided to Design Voilà!, are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. We are not liable for the Content you provide as it pertains to license or trademark issues and you represent to Design Voilà! that all materials provided do not infringe on the intellectual property rights of third parties. You are fully responsible for reviewing and approving all output that Design Voilà! provides you before using the output for any reason.
By submitting any Client Content to Design Voilà! you are granting us to use the Client Content in connection with the Services including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate the content; and to publish your name in connection with the content. Such content is an inalienable part of the Content.
No compensation shall be paid regarding the use of your content. We shall have no obligation to publish or enjoy any content/idea you may send to us and we may remove your content at any time.
In the event that any Deliverable incorporates any elements such as any fonts, images, audio, video, animations, text and graphics that are not owned by or licensed to Design Voilà! (“Third-Party Elements”) and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the deliverable, Design Voilà! will inform Client in writing that Client will need to purchase one or more licenses for the said Third- Party Elements in order to legally reproduce, distribute, or publicly display the Deliverable. Said notice will include information sufficient for Client to identify which licenses are required and the link to purchase the Third-Party Element. So long as Design Voilà! has informed Client of the incorporation of Third-Party Elements 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.
Notwithstanding Design Voilà!’s ownership of the Intellectual Property Rights (in clause 1 “Intellectual Property Rights”), all design and source files created on the Client’s behalf (“Deliverables”) belong to Client, and Client shall be the sole owner of the copyright for all Deliverables, where the payment has been received in full. Design Voilà! will not use the complete design (except for non-exclusive elements such as stock images and icons, etc.) for purposes other than which you specifically state or grant us permission to use.
Client warrants that any and all content provided to Design Voilà! as examples or as material to be incorporated into a project during the design process are owned by the 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. By default, you agree to provide Design Voilà! with a non-exclusive right and license to publish your work in its portfolio, social media or other media forms. If you would like to revoke this right, please notify our team in writing to [email protected].
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full, prior to any obligation of Design Voilà! to perform under this Agreement. You further agree that, upon registering for the services through the Website or any other media form, you authorize Design Voilà! to charge your method of payment (e.g.: credit card, PayPal account) for the fee on each instance of your registration date, based upon your billing frequency (e.g. monthly, quarterly or annually). Payment of the fees shall be in advance in such amounts and at such times as set forth by Design Voilà! through information provided to you and as authorized through the registration process. The services provided may be suspended in the event of non-payment of applicable fees.
You represent and warrant to Design Voilà! that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You may cancel your subscription with Design Voilà! at any time. Upon cancellation, you will continue to have access to the Services through the end of your paid billing term. Design Voilà! may change its fees from time to time by posting the changes on the website with 5 business days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
There are no refunds including unused time on a plan. However, we have unlimited iterations which means that we will re-work your content until you are satisfied with the designs. The Client is responsible to engage with and use Design Voilà!’s services after your payment. Failure to use Design Voilà!’s services will not warrant a refund, neither in full nor in partial.
Design Voilà! reserves the right to terminate your account at any time for any reason, however under such cases you will be refunded for any days left under your subscription.
Design Voilà! is designed for the reasonable use of a single individual from a non-creative based business. Our Service under one subscription is not designed to replace a full-time graphic designer, although multiple service subscriptions can always be purchased by you should you wish to have multiple Design Voilà! designers working on your projects.
If we find that you are not in alignment with our model, violate our core values, or are abusing our services or team in any way, including using our services for illegal deliverables, we reserve the right to cancel your account.
Your right to use the Design Voilà! services shall terminate upon your breach of any term of this Agreement.
You agree to not solicit or hire your Design Voilà! designer. You will not pay your Design Voilà! designer outside of the agreement or otherwise create any agreement with your Design Voilà! designer outside of the Services provided by Design Voilà!
While we do our best to minimize any mistakes, due to the nature of creative design we cannot guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes or corrections are needed. We will make edits to correct the mistakes on a best-effort basis. Design Voilà! is not responsible or liable for any losses, damages, or expenses incurred from errors or omissions.
One Design Voilà! subscription will provide you with up to 4 hours of daily design allotment from your Design Voilà! Designer every business day. Simple projects may take less than one business day to complete, however more complex projects will take longer. In addition, revisions will increase the amount of time it will take to complete a deliverable. Design Voila! does not make any guarantees for delivery output, and you agree to not hold Design Voilà! liable for any damages, expenses, or losses incurred from missed deadlines or from projects that take longer to complete than your designer had estimated or stated.
We work from 10 am to 6 pm IST, Monday through Friday. Our team observes holidays based in India. When a holiday falls on a weekday, we’ll take the day off to observe the holiday. As a Client, you will receive a reminder of observed holidays in advance.
A creative cycle is a measurement of creative output and what we are able to accomplish in a creative cycle depends on the complexity and total volume of your requests. A creative cycle begins when the request or revision is assigned to a designer, which occurs after you have submitted your design request in writing over email. Your designer will then be notified of your request and will review your email at the beginning of their shift. If the request is unclear, vague, or missing required assets and information, your designer will contact you for clarification. Should everything be clear, they will begin working on your design. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
THE DELIVERABLES ARE PROVIDED “AS IS”. DESIGN VOILÀ! MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
FURTHER, DESIGN VOILÀ! DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
You agree to indemnify, defend, and hold harmless Design Voilà! and its affiliates, directors, officers, employees, agents, successors and assigns (the Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the Services, (iii) infringement of third party’s intellectual property rights or other proprietary rights, and (iv) any errors on the output provided by Design Voilà!
IN NO EVENT SHALL DESIGN VOILÀ! OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE DELIVERABLES DELIVERED BY Design Voila!, OR FROM ERRORS ON THE OUTPUT PROVIDED BY Design Voilà!, EVEN IF Design Voilà! OR A Design Voilà! AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
Design Voilà! has not reviewed all the sites that link to its Website and is not responsible for the contents of any website that is linked to its Website. The inclusion of any link does not imply endorsement by Design Voilà! of the site. Use of any such linked website is at the Client’s own risk.
Any claim relating to Design Voilà!’s services shall be governed by the laws of the State of Goa, India.