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User Agreement

We heartily welcome you to ProDesigns!

This user agreement is a contract between users who wish to purchase designs (“Customers”) and ProDesigns.com (the "Site"), that governs usage of the Site and it’s services. This User Agreement set forth the legally binding terms for use of the ProDesigns.com website and Services as a Customer/user. The terms, "we" and "our" as used in this Agreement refer to ProDesigns.com. By registering/subscribing/obtaining for Services, Customers are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. So please read all of the terms and conditions carefully before you proceed. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

All operations of ProDesigns.com are handled by its parent company, Sukhadaam Infotech Pvt. Ltd.

 

Definitions

  • “Agreement” means a negotiated and legally enforceable understanding between two or more legally competent parties that is intended to be enforceable by law.

  • “Party” means a person or business entity who has executed this Agreement. The parties to this Agreement are the Customer and the ProDesigns.com(“Site”).

  • “Date of agreement” - Date of this agreement shall be the date on which customer places the order.

  • “Date of last delivery” shall be the date on which last delivery of designs are made to the customer.

  • “Delivered Design(s)” is (are) the design(s) created and delivered by the ProDesigns.com to the customer as per the obligations set out in the User Agreement.

  • “Orders marked as completed” - If customer does not take any action within 14 days from last delivered design(s) then order will be marked as “Completed” Automatically.

  • “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose or use.

 

Agreement

  • Only registered users may buy services on ProDesigns.com. Registration is free. User Account shall be governed by Account Agreement. In case users are buying services without doing registration, we will register them automatically with the provided Email IDs by themselves.

  •  ProDesigns will send coupons, surveys, updates and other promotional emails on provided email IDs by the user, However customer will be able to unsubscribe at anytime.

  • Your privacy is critically important to us. It is our policy to respect your privacy regarding any information we may collect while operating our website(s), so please read Privacy Policy carefully before proceeding.

  • Customers at their discretion will directly choose the service from available packages for different services. By obtaining the service they are accepting this Agreement.

  • Orders are the formal Agreement between a customers and service provider.

  • Customers will make payment to ProDesigns.com in advance to place an order.

  • Payment shall be  routed through PayPal. You can link debit card, credit card, a bank account or PayPal Credit to your PayPal account as a payment method. Payment processing fees shall be collected additionally from the Customers.

  • While placing the order for service, every Customer will provide 

    • detailed description of the project/task/order/service they need  along with required personal and professional information.

    • electronic files, sample(s) if any, required for a Designer to complete the project/task/order/service (complete detailed information regarding customers need shall help us to serve customer best).

  • We agree to provide best professional, creative efforts and skills to complete designs as per the selected/obtained available packages for different services.

  • Designs shall be transferred/delivered to the customer in accordance with the obligations set out in the User Agreement.

  • Modification rounds for changes in the designs shall be provided to the Customers as per the package or offer selected.

  • Customers at their discretion may opt for additional modification rounds/additional services.

  • Customer agrees that by purchasing the right to use the transferred design, Customer's rights in and to the Delivered Design are limited. However rights are not limited to:
    • The inability to prevent Prodesigns.com from re-selling the Transferred Design to a third party, or to prevent such third party from using the Transferred Design for commercial purpose or any purpose; and

    • The inability to pursue registration of the Transferred Design as a trademark or service mark with any government authority.
  • Disclosure of any third party Intellectual Property Rights in the delivered designs shall be made in prior to the customer.

  • Customer has to buy “Commercial Use License” with the order, they will get perpetual, exclusive, non-transferable, worldwide license to use the purchased commercial license of Intellectual Property Rights in delivered designs for Permitted Commercial Purposes. Therefore all intellectual property rights of the delivered design(s) shall be hereby assigned to the customer.

  • This Commercial License is subject to ProDesigns.com’s Terms of Service. There is no warranty, express or implied, for the purchase of this Commercial Use License.

  • If the Design contains the Intellectual Property Rights of a third party, then ProDesigns.com shall obtain a license from the relevant third party to incorporate the Intellectual Property Rights of that third party in the Design and to assign the same rights to the customer.

  • If the Third Party Licence is capable of assignment to the Customer, then disclosure this fact to the Customer shall be made prior to delivery of  the design(s).

  • If customer holds any Intellectual Property Rights of a third party and wish to incorporate into the designs, then customer shall disclose the same while placing the order itself or immediately after placing the order and all further responsibilities of Intellectual Property Rights of third party in the delivered designs shall be of customer.

 

Liability of ProDesigns.com towards third party Intellectual Property Rights

Customer agrees that:

  • ProDesigns.com and third party holding Intellectual Property Rights are not parties to this Agreement; and

  • ProDesigns.com and third party shall each not be liable or responsible for any breach of this Agreement by any party to this Agreement.

 

Display of delivered design(s) as Portfolio

  • ProDesigns.com shall display the delivered designs as their portfolio or can use for marketing and promotion purposes, along with user name and profile picture, as ProDesigns retains the right to use all delivered works. If customer does not wish to display the same, it has to be notified in prior or can ask us to remove the same by sending an email on info@prodesigns.com.

 

Review / Testimonial

  • We will display personal testimonials of customers on website. If you choose to provide a testimonial on the Site, we may post your testimonial along with your name and your profile picture.

 

Disputes and Cancellations

  • Incase any inconsistency prevails between the terms of this Agreement, any other agreement (from offer page) between customer and Site than Services Agreement, then those documents will be read in the following order of precedence.

    • First, the Services Agreement will take precedence over all other documents; and

    • Second, any separate agreement between you and the Site will take precedence over this Agreement.

  • If designs have not been accepted by Customers, they may request a refund of the amount paid with appropriate reason, at any time up to 10 days from the last delivered design(s) of the order or order marked as Completed by the Customers, whichever happens sooner. Please refer the Refund Policy for the same.

 

Governing Law

  • This Agreement will be construed by and governed in accordance with the laws of State of Gujarat in India. The Parties submit to exclusive jurisdiction of the courts of Rajkot, Gujarat, India.

 

Miscellaneous

  • We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

  • It is also agreed that in the event any article or provision or part thereof this agreement is held to be unenforceable or invalid then other remaining article or provisions shall remain in full force and effect.

 

Indemnification

  • You agree to defend, indemnify and hold ProDesigns.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

 

Refund Policy

A Refund Policy is the agreement where customers are informed about refund policies.

  • Within how many days customer can ask for refund

    • If designs have not been accepted by Customers, they may request a refund of the amount paid with appropriate reason, at any time up to 10 days from the last delivered design(s) of the order or order “marked as completed” by the Customers, whichever happens sooner.

    • If customer does not take any action(s) within 14 days from last delivered design(s) then order will be marked as “Completed” Automatically and he/she will not be eligible for the refund.

  • How will they receive the refund (credit or replacement)

    • Amount shall be refunded to the customer by the same mode through which the original payment was made for purchase.

  • Customer acknowledges - Once refund process is initiated or refund is made, customer agrees that

    • he/she will not use the earlier delivered design(s). he /she gives up the  right to use design(s).

    • Usage of such designs shall make infringement of user agreement.

  • Who pays/bears payment processing fees

    • Paypal payment processing fees shall be borne by the customer. Amount shall be refunded after deducting processing fees/charges.

 

We reserve the rights to cancel the order at any time

  • In case of breach of any term or clause of this agreement, ProDesigns reserves the right to cancel the order at it sole discretion without giving prior notice to the customer regarding the same.