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Terms of use

Last Updated: August 2018

We heartily welcome you to ProDesigns!

 

The website located on https://www.prodesigns.com, its materials (including, but not limited to, the logos, designs, texts, graphics, WordPress themes and other files) and the arrangement pattern is copyrighted work belongs to ProDesigns. No part of this website may be transmitted, distributed or reproduced in any form or by any means without the prior written permission from prodesigns.com.If we discover that any Third Party has used/is using our copyright materials in any form, we may bring legal proceedings seeking monetary damages and an injunction to stop infringement of materials.

This terms of use ("Agreement") set forth the legally binding terms for the use of ProDesigns.com website and its Services as a Customer. The terms, "We" and "Our" as used in this Agreement refer to ProDesigns.com. By registering/subscribing/obtaining for Services, you (as a Customer or a User) are accepting this Agreement, and you represent & warrant that you have the right, authority, and capacity to enter into this Agreement. So please read all 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 (User who has purchased any of the services offered by ProDesigns) and the ProDesigns.com ("Site").

  • "User" means any user of ProDesigns.

  • "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.

  • "Order Marked as Completed" - If a Customer does not take any action within 14 days from last Delivered Design(s), then the 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.

  • "Graphic Design Orders" means any of the orders for Logo Design, Stationery Design, Banner Design, Social Media Design, Business Card, Book Cover, Signage Design, Label Design and T-shirt Design category and their services.

  • "Final Design" means design which is finalized for the order.

  • "Sold Design" means the Final Design selected by the User for his/her particular order

  • "lifetime" in any of the plans or on website means product lifetime. We reserve right to discontinue a product for any reason at any time.

  • For any package or in ProPLUS, "Unlimited Revision Rounds" implies that you can request unlimited revisions for the designs you receive from us within a time period of 21 days from the date of the order and after which revision requests will not be entertained.

 

Agreement

  • 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 different service packages and by obtaining the service they are accepting this Agreement.

  • Only registered Users may buy services on ProDesigns.com. Registration is free. In case Users are buying services without doing registration, they will be registered automatically with provided email ID(s) by them.

  • By registering or obtaining services from ProDesigns, you are giving us rights to contact you and send coupons, surveys, updates and other promotional emails, however the Customer will be able to unsubscribe promotional emails at any time.

  • Orders are the formal Agreement between a Customer and the Site.

  • Customers will make payment to ProDesigns.com in advance to place an order or to obtain any services and Payment will be routed through our third party payment processing partner, and you may be required to provide details which are necessary to complete the purchase. Payment processing fees will be collected additionally from the Customers.

 

Graphic Design Orders

  • While placing an order, the Customer must clearly specify his/her requirement so that we clearly know the criteria on which design should be created and finalized. Once details are provided by the Customer, he/she cannot change the requirement scope completely.

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

  • Modification Rounds for changes in the designs will be provided to the Customers as per the package or offer selected by the Customer. Customers at their discretion may purchase additional Modification Rounds/additional services.

  • A Customer will get perpetual, exclusive, non-transferable, worldwide license to use the Sold Designs for Permitted Commercial Purposes. A Customer has no rights or licenses to use any Delivered Design concept or any design concepts being displayed on prodesigns other than Final Design for the particular order.

  • If the 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 the third party in the Delivered Designs shall be of the Customer.

  • Customer will be deemed to have accepted the designs unless Customer provides notice of rejection to ProDesigns within 14 days of delivery of the designs.

  • ProDesigns.com shall display the Delivered Designs as their portfolio or can use for marketing and promotion purposes, along with other required details, as ProDesigns retains the right to use all delivered works and details provided by the Customer for the order. If the 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 legal@prodesigns.com.

 

WordPress Themes

  • All of our WordPress themes and plugins are licensed under the GNU General Public License v3.0.

  • Customers can use the theme for as many websites as they want however, they will get updates for number of themes mentioned in the package or offer purchased by them.

  • By default, our premium themes and plugins come with 1 year of subscription from the date of purchase. After completion of 1 year, Customer needs to renew the subscription in order to continue downloading updates and get private support forum access. However, this subscription has nothing to do with the usages of the theme to his/her site. Customer can use it as long as he/she wants it without renewing his/her subscription.

  • Theme updates will only be provided to Customers who have purchased the theme from ProDesigns and have active license at the time of release of update.

  • All themes are compatible with the WordPress 4.5 and higher, any version prior to this may have some problems with a theme functionality.

  • All of our themes are compatible with current WordPress version however, we cannot guarantee that all our themes will run with future versions of WordPress. We may deprecate older themes in case we feel that they are no longer in tune with what we offer.

  • Our themes support all web browsers including (but not limited to) Chrome, Safari, Firefox & Internet Explorer 8 & 9.

  • All Products (WordPress Themes and Plugins) are the property of ProDesigns and Customer cannot claim exclusive or intellectual ownership to any of our modified or unmodified Products.

  • In demos, we have used some photographs as example images, and for demonstration purposes to give Users functional preview of the website. These photographs cannot be included in the download, and we are not selling themes packaged with copyrighted photographs. You are responsible for adding your images.

  • We do not provide any guarantee or warranty on our themes in any manner. We cannot assure that these themes will work well with all other 3rd party components, plugins and web browsers.

  • We reserve rights to decline the support for the problems occurred in a theme after third party plugins have been installed or files have been modified.

  • ProDesigns reserves the right to modify or discontinue, temporarily or permanently a subscription (or any part thereof) at any time and from time to time with or without notice.

 

Review / Testimonial

  • We will display testimonials of Customers on website or we will use it for marketing or promotional purpose of ProDesigns. If you choose to provide a testimonial on the Site, we may post your testimonial along with other required details.

 

Disputes and Cancellations

  • In case any inconsistency prevails between the terms of this Agreement and any other Agreement between Customer and Site, then those documents will be read in the following order of precedence.

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

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

  • The Customer is eligible to cancel the order or get a refund. Please refer the Refund Policy to know more.

  • For Graphic Design Orders

    • Once ProDesigns delivers the First Set of design(s), a Customer can ask for the edits/updates for the provided design(s), but the redesign from scratch won't be possible.

    • The Customer does not take any action(s) within 14 days from the delivery of design(s), then the Order will be Marked as Completed and a Customer can cancel the order and can not ask for more designs.

 

Governing Law

  • This Agreement will be construed by and governed in accordance with the laws of the 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 any events and against indirect, consequential, exemplary, incidental, special or punitive damages, all claims, costs, and expenses, including, but not limited to, attorneys' fees, arising from or related to your use of our Website or any contracts or any Services you purchase through it.

 

Refund Policy

A Refund Policy is an Agreement where Customers are informed about refund policies.

  • For Graphic Design Orders

    • The Customer is eligible to get a refund

      • In case ProDesigns is unable to deliver the First Set of design(s) as decided mutually prior to order placement.

      • In case a Customer has not accepted First Set of Design(s) for the order then he/she may request a refund of the amount paid with appropriate reason, at any time up to 10 days from the delivery of the First Set of designs.

      • Only when a Customer has selected "I have particular design references which clearly convey my design choices." option for "Design Reference" Field while submitting the logo brief.

    • The Customer will not be eligible for a refund in case

      • A Customer has already asked to/is asking to update/edit the First set of designs he/she has received for the order then it is considered as acceptance of provided designs hence refund, or cancellation will not be possible after that point.

      • A Customer does not take any action(s) within 14 days from the delivery of First Set of designs then the Order will be Marked as “Completed” Automatically and he/she will not be eligible for the refund.

      • A Customer has selected "You have total creative freedom to develop my logo design" option for "Design Reference" Field while submitting the logo brief and has not provided any design reference. We transparently notify the Customer about the refund policy when he/she selects this option.

  • For WordPress Themes

    • A Customer is eligible to get a refund only when he/she receives a theme that doesn’t have the same functionality as the demo (which was being displayed on ProDesigns at the time of theme purchase). A Customer can ask for a refund within 10 days from the date of purchase.

       

  • How will Customers receive the refund (credit or replacement)?

    • The amount shall be refunded to the Customer by the same mode through which the original payment was made for purchase or via any other method specified by ProDesigns.

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

    • He/She will not use the any of the earlier Delivered Designs and/or WordPress Theme, and he/she gives up the right to use designs and/or WordPress Theme.

    • Usage of such design(s) and Theme(s) shall make infringement of User Agreement.

    • He/She will avoid any dispute or increased costs to ProDesigns.

  • Who pays/bears payment processing fees?

    • Payment gateway processing fees shall be borne by the Customer. The 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/purchase at its sole discretion without giving prior notice to the Customer regarding the same.