Terms & Conditions

Last updated: 3 Dec 2023

This Terms of Use Agreement (the “Agreement”) establishes a legally binding relationship between DESIGNREADY, a product owned and run by PIXONIFIED LTD, a limited liability company registered in England & Wales (“DesignReady”), and the client, whether an individual or representing an entity (“Client”), concerning the access and utilization of DesignReady’s website: https://www.designready.uk/ (the “Website”), along with any other media form, channel, mobile website, or mobile application associated, linked, or otherwise connected to it. Failure to accept and adhere to all the terms, conditions, and obligations outlined herein results in the explicit prohibition of the Client’s use of the Website, with an immediate cessation of usage required. Subsequently, the relationship between the Client and DesignReady shall terminate, with any outstanding payment obligations remaining in effect.

1. Intellectual Property Rights

Unless explicitly stated otherwise, the Website is the exclusive property of DesignReady. All elements, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (collectively or individually referred to as the “Content”) and the associated trademarks, service marks, and logos (the “Marks”) are owned and controlled by DesignReady. These are safeguarded by copyright, trademark laws, and any other relevant intellectual property laws or regulations in the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for informational and personal use only. Without DesignReady’s express written consent, no part of the Website or Content may be commercially exploited, copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, or licensed. DesignReady retains all rights in the Website, Content, and Marks.

2. Ownership of Materials

Regardless of DesignReady’s ownership of submissions, as explained in Paragraph 4 (“Client Feedback”), all design and original source files created on behalf of the Client (“Projects”) are the property of the Client. The Client holds sole ownership of the copyright for all Projects. In the event of any legal operation that might designate DesignReady as the owner of a Project, DesignReady unconditionally and perpetually assigns its entire interest in the Project to the Client. Client affirms that all materials provided to DesignReady during the design process are owned by the Client and do not infringe on or misappropriate any third party’s rights. DesignReady reserves the right to share the Client’s design work publicly unless otherwise agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

If any Project incorporates fonts not owned by DesignReady and necessitates a commercial license for legal reproduction, distribution, or public display of the Project (“Third-Party Font(s)”), DesignReady will notify the Client in writing. The Client must then purchase the required licenses for the Third-Party Fonts from the rights-holder(s) to legally reproduce, distribute, or publicly display the Project. This notice will provide sufficient information for the Client to identify the necessary licenses and how to obtain them. If DesignReady informs the Client of Third-Party Fonts incorporation and the Client fails to purchase the required licenses, the Client assumes responsibility for any consequences.

4. User Representations

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

5. Prohibited Activities

The Client shall use the Website only for its intended purpose, and not for any unauthorized or commercial endeavors unrelated to DesignReady’s work for the Client. Additionally, the Client agrees to refrain from unauthorized use of the Website, data retrieval for creating databases, circumventing security features, unauthorized framing or linking, deceiving or misleading DesignReady or other users, disrupting DesignReady’s networks, competing with DesignReady, reverse engineering the Website’s software, bypassing access restrictions, harassing DesignReady’s employees, deleting copyright notices, uploading viruses or other disruptive materials, and violating applicable laws.

6. Client Feedback

The Client acknowledges that any Submission, including questions, comments, suggestions, or other feedback, becomes the sole property of DesignReady. DesignReady is not obligated to maintain the confidentiality of any Submission. DesignReady retains exclusive ownership rights related to the Submission, except for the rights granted to the Client under Paragraph 2 (“Ownership of Materials”). DesignReady may use and disseminate Submissions for lawful purposes without Client’s permission, acknowledgment, or compensation, at its sole discretion.

7. Management and Oversight

DesignReady reserves the right to monitor the Website for violations of these Terms of Use and may take appropriate legal action in response to any violation. Furthermore, DesignReady has the discretion to restrict or deny access to the Website or disable the Client’s use of the Website without notice or liability to the Client. Decisions regarding the Website’s management are at the sole discretion of DesignReady and aim to protect DesignReady’s rights and property.

8. Privacy Policy

By using the Website, the Client agrees to adhere to the Privacy Policy outlined on the Website. The Website is hosted in the United Kingdom, and accessing it from other regions may subject the Client to different laws governing personal data. The Client’s continued use of the Website constitutes explicit consent to the transfer and processing of data in the United Kingdom. DesignReady does not knowingly collect information from individuals under the age of 18 in accordance with the United Kingdoms’ Children’s Online Privacy Protection Act.

9. Returns and Refunds

DesignReady may deny refunds at its discretion and without notice or liability. Refund requests are evaluated on a case-by-case basis. If a refund is deemed appropriate during the first month of use, all materials produced by DesignReady remain the company’s property and are prohibited from use by the Client. A 25% fee is applied to the remaining billable period for approved refunds. DesignReady retains the right to pursue legal action against the Client for breach of this paragraph.

10. Modification

DesignReady reserves the right to change, alter, modify, amend, or remove anything on the Website at its sole discretion. DesignReady also reserves the right to modify or discontinue all or part of the Website without notice or liability to the Client.

11. Connection Interruptions

DesignReady does not guarantee the continuous availability and accessibility of the Website. Hardware, software issues, or other factors beyond DesignReady’s control may cause interruptions, delays, or errors. DesignReady is not liable for any loss, damage, or inconvenience resulting from the Client’s inability to access or use the Website during any interruption.

12. Disclaimer

The Website is provided on an as-is, as-available basis. The Client acknowledges that their use of the Website and Services is at their sole risk. DesignReady disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. DesignReady assumes no liability for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access, interruptions, bugs, viruses, or any loss or damage incurred through the use of content posted on the Website.

13. Limitations of Liability and Indemnification

DesignReady and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages. This includes lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, or other damages arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless DesignReady and its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from the Client’s use of the Website.

14. User Data

The Client is solely responsible for all data transmitted or related to any activity undertaken using the Website. DesignReady has no liability to the Client for any loss or corruption of such data, and the Client waives any right of action against DesignReady for any such loss or corruption.

15. Electronic Communications, Transactions, and Signatures

The Client consents to receive electronic communications from DesignReady, and all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy legal requirements for written communication. The Client agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by DesignReady or through the Website. The Client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws that mandate an original signature or delivery or retention of non-electronic records.

16. Showcasing Design Work

DesignReady reserves the right to share design work on digital channels, including social media and the website, unless otherwise agreed upon. The Client can issue an NDA between themselves and DesignReady, which would void DesignReady’s right to share or discuss the Client’s work publicly.

17. Referrals

Referral payouts are agreed upon and managed on a case-by-case basis with 5% commission of payments received being paid to the referrer.

18. Miscellaneous

These Terms of Use, along with any policies posted on the Website, constitute the entire agreement and understanding between the Client and DesignReady. Failure to enforce any right or provision of these Terms of Use by DesignReady does not waive such right or provision. If any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, it shall be severed without affecting the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website is construed to create a joint venture, partnership, employment, or agency relationship between the Client and DesignReady.

19. Contact Information

For any questions or complaints regarding the Website, please contact DesignReady at: hello@designready.uk