Design Desk Terms And Conditions

DFLOW Pty Ltd t/a Design Desk ABN: 12 629 434 279 (“Design Desk”) which includes any ‘Related Bodies Corporate’ (as defined in the Corporations Act 2001 (Cth) (Related Bodies Corporate) is referred to in these terms and conditions (Trading Terms) as “We” or “Us” and “Our” means belonging to Us.

By placing any written, verbal or electronic subscription or order with Us for print ready art (Design Desk) services supplied by Us (Order) in accordance with these Trading Terms, You accept these Trading Terms in your own right and on behalf of any Related Bodies Corporate, collectively referred to in these Trading Terms as “You” and “Your” means belonging to You.

These Trading Terms constitute the terms and conditions under which You agree to use the website located at http://designdesk.com.au/ (Site) and using the Design Desk graphic design and print ready art services (Services). By using the Site or placing any Order for Services , You agree that You have read and understood these Trading Terms, and that You accept and agree to be bound by these Trading Terms as such may be amended from time to time, which together with Our Privacy Policy, governs Our relationship with You.

Please read these Trading Terms carefully before using the Site or Our Services.

You may create an account by filling out specific forms using your password and other necessary information.

When using the Site, You shall be responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You shall not assign your account to anyone. We are not responsible for unauthorised access to your account that results from misappropriation or theft of your account. We may, at Our discretion, and on reasonable grounds, refuse or cancel the Service, terminate your account, and remove or edit content.

We do not knowingly collect personal data from persons under the age of 18 (eighteen). If You are under 18 (eighteen) years old, You may not use the Site and may not enter under these Trading Terms. Some countries may have other age threshold and if that age threshold applies to Our Site, we will consider the applicable age threshold.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by Us.

(a) Required Information. Each request for Services (Task) submitted to Us should consist of (i) a detailed description of the Task and (ii) electronic files, if any, required to complete the Task (together, User Content).

(b) Representation Regarding Right to Submit. By submitting a Task to Us, You that You own the User Content or otherwise have the right to submit User Content to Us, and Your use of the User Content does not violate any third-party intellectual property or other rights.

(c) Ownership of User Content. You maintain the ownership rights in any User Content that You submit to the Site.

(d) Grant of Limited Rights to Us. By submitting a Task to Design Desk, the Customer gives Us the rights to the User Content solely to the extent necessary to complete the Task.

(e) Grant of Limited Rights to Us. Each Customer authorises Us to retain archival copies of all User Content that such Customer has submitted unless deleted by the customer

Design Desk offers fix-priced subscription based graphic design and print ready art services (Services). Design Desk is an online service where users (Customers) can a) subscribe to Services for a monthly-recurring fee, and request a certain number of graphic design (Design Task) and print ready art tasks (Graphic Task) to be completed based on the subscription level which has been purchased.

An example of a Graphic Task would be to add bleed and crops to a PDF file while preserving the file quality.

An example of a Design Task is the creation of a promotional poster based on several Customer supplied visual assets, text and design brief.

The Services work as follows:

1. Customer subscribes to the monthly / yearly fix-priced subscription service;
2. Customer provides order briefing and supplied content, if applicable;
3. Design Desk delivers the completed Design Task or Graphic Task; and
4. Customer accepts completed Design Task or Graphic Task or requests edits until the end products meets the required brief or specifications.

Delivery to Customer - Turnaround Time: When a Design Task and / or Graphic Task is requested, We will deliver that Design Task and / or Graphic Task within the number of business day/s as specified on the Customer’s current subscription type. Each revision request will operate under the same process.

Delivery to Customer - Acceptance: When a Design Task and / or Graphic Task is complete, the Customer who submitted it will be contacted by Us to request acceptance. A Design Task and / or Graphic Task is considered accepted by the Customer, when the Customer advises Us by submitting electronic approval via the Design Desk website (“Accepted”).

Delivery to Customer - Files: When a Design Task and / or Graphic Task is Accepted, We will make available all electronic files associated with the Design Task and / or Graphic Task including, underlying original files if allowed by your subscription terms, and a print ready PDF. We are not responsible for any electronic file problems or issues after delivery of associated files.

Delivery to Customer - Proofing and Revision: If a Customer is not satisfied with the initial proof of the Design Task and / or Graphic Task, the Customer may decline the proof and it will be returned to Design Desk for revision. We will modify the work product to make the proof meet the Customer’s reasonable expectations. We will resubmit the revision within 1 business day.

Delivery to Customer - Files: When a Design Task and / or Graphic Task is Accepted, We will make available all electronic files associated with the Design Task and / or Graphic Task including, underlying original files if allowed by your subscription terms, and a print ready PDF. We are not responsible for any electronic file problems or issues after delivery of associated files.

Due to Font licensing restriction we do not supply the font files used in any creative content.

If We determine that either (1) the Customer demands with respect to work product are not reasonable given the original specification and instructions, (2) the Customer is being actively malicious, or (3) the Customer has not provided enough guidance, direction, or instruction to Us resulting in the need for multiple edits, the Customer will be deemed to have Accepted the Service.

We set fees for using the Site or Services. All fees are published separately on relevant pages on the Site. We may, at Our sole discretion, at any time, change the fees. If You do not agree with a price change, You have the right to reject the change by unsubscribing from the subscription (where relevant).

We may use certified payment systems which also may have their commissions. Such commissions may be implied on You when You choose a payment system during the checkout process. Detailed information about commissions of such payment systems may be found on their websites/applications.

If You have subscribed to a subscription for Services, Your subscription will automatically renew at the end of the applicable subscription period, unless You cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We shall not refund any subscription fees already paid to Us, except cases when the refund rights apply. To cancel, submit the action in the Customer account profile page. This will automatically cancel your subscription at which point You will retain full access to use the design subscription service until the next billing cycle begins.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

The Site may include links to other websites, applications, and platforms (Linked Websites).

We do not control the Linked Websites and shall not be responsible for the content and other materials of the Linked Websites. We make these links available to You for providing the functionality or Services on the Site. You may also find terms and conditions of the Linked Websites on their websites.

We grant You a non-transferable, non-exclusive, revocable license to access and use the Site in accordance with these Trading Terms.

We retain all rights to intellectual property underlying the Site. All content present on the Site includes text, code, graphics, logos, images, user interface and software used on the Site (here in after and here in before the "Content") is Our property or of Our contractors and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and You are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your use of the Site shall not entitle You to make any illegal and prohibited use of the Content, and You shall not change proprietary rights or notices in the Content. You shall use the Content only for commercial use unless otherwise authorized by Us. We do not grant You any licenses to Our intellectual property unless otherwise provided in the Trading Terms or individual agreement.

In addition to other prohibitions as set forth in these Trading Terms, You are prohibited from using the Site or its content: (a) for any unlawful or prohibited purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or Site or any other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

By posting, uploading, inputting, providing or submitting any User Content You are granting Us a licence to use such User Content in connection with the operation of Our business including, but not limited to, the rights to transmit, distribute, copy, reproduce and translate the content.

By posting, uploading, inputting, providing or submitting User Content You warrant and represent that You own all the rights to the content.

You agree to indemnify, defend and hold harmless Us, Our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your use of or inability to use the Site or the Services, your breach of these Trading Terms or your breach of any rights of third parties (including but not limited to intellectual property rights), or your breach of the applicable law. We have the right to assume the exclusive defence and You shall cooperate with Us in asserting any available defences.

You agree to indemnify, defend and hold harmless Design Desk and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal costs, made by any third-party due to or arising out of your breach of these Trading Terms or the documents it incorporates by reference, or your breach of any law or the rights of a third-party.

We reserve the right to refuse any Order You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per Customer or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. If we make a change to or cancel an Order, we may attempt to notify You by contacting the preferred contact method provided at the time the Order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact You as needed.

Occasionally there may be information on Our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site or on any related website is inaccurate at any time without prior notice (including after You have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Trading Terms for all purposes.

If in Our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Trading Terms or otherwise violated these Trading Terms, we also may terminate this any contract with you for provision of the Services or subscription or your access and account to the Site and Services at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).

Your submission of personal information through the Site is governed by Our Privacy Policy.

We will not be liable for any failure to perform, or delay in performance of, any obligation where such failure or delay is due to anything beyond Our reasonable control including, but not limited to, adverse weather or terrain, strikes, lockouts and other industrial action, material shortages, failure of any of Our suppliers to supply, accidents, power or data transmission failure, breakdowns of plant or machinery, import or export regulations or embargoes.

The Competition and Consumer Act 2010 (Cth) may imply certain conditions, warranties and guarantees into these Trading Terms that cannot be excluded or modified. These Trading Terms do not exclude or modify any of those conditions, warranties or guarantees if to do so would contravene that law or make any part of these Trading Terms void.

Subject to the above, We exclude all warranties, conditions and guarantees that may be implied into these Trading Terms (including due care and skill and fitness for purpose) and limits its liability for breach of any implied condition, warranty or guarantee that cannot be excluded to (at its option) the re-supply of those Services or reimbursement of the cost of having those Services re-supplied.

We do not guarantee, represent or warrant that your use of Our Service or Site will be uninterrupted, timely or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove a Service for indefinite periods of time or cancel a Service at any time, without notice to You.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Graphic Tasks and / or Design Tasks delivered to You through the Site are (except as expressly stated by Us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Services, or for any other claim related in any way to your use of the Service, Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

If You are not happy with the Service, You may request multiple revisions of the initial brief, we will endeavour to the best of Our abilities to meet the required brief or task requirement.

Refer to Clause 5 for details regarding the process of delivering the approved service.

Our 30 day return period is outlined in clause 6.

We are committed to resolving any complaints about these Trading Terms. If You would like to make a complaint regarding these Trading Terms or Our practices in relation to your personal data, please contact Us via info@designdesk.com.au

We will reply to your complaint as soon as we can and in any event, within 30 (thirty) days. According to the applicable law, in some cases, we may prolong the term.

We plan to resolve any complaint brought to Our attention, however, if You feel that your complaint has not been adequately resolved, You may contact your local authority.

Posting User Content that violates any copyright or other intellectual property rights is in express breach of these Trading Terms. You indemnify us against all liability, losses or expenses incurred by Us in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright.

If You believe your copyrighted work was submitted by a Customer to Us without authorization, You may submit a takedown notice to Us at info@designdesk.com.au. Only the copyright owner, or an agent authorized to act on the owner’s behalf, may submit such a notice.

A notification of alleged copyright infringement shall include as much detail as possible to allow Us to identify the facts or circumstances, including, where possible:

1. A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
2. Specific identification of each copyrighted work claimed to have been infringed;
3. A description of where the material believed to be infringing is located on the Site or the Services (please be as detailed as possible and provide a URL to help Us locate the material You are reporting);
4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.