Welcome to 01Design (www.01design.in)! By using 01Design and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use (the “Terms and Conditions”), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the 01Design service. 01Design may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to 01Design, and all text, images, photographs, user interface, “look” and “feel”, data and other content included at 01Design.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the “Web Site” and/or “Service.” 01Design is owned and operated by Quick Design Pvt Ltd.
You acknowledge and agree that 01Design shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that 01Design may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of 01Design, its users and the public.
(a) Description: The 01Design Service is an online offering where individuals or entities that have signed up with 01Design as clients (each, a “Client”) can get various creative services including logos, business cards, stationery, brochures and websites designed by Quick Design Pvt Ltd. 01Design will provide you, as the Client, the Service according to the Package you have chosen. (b) You hereby agree and acknowledge that you are the rightful owner of the image(s) uploaded by you and information provided and have all rights in the same to give / upload the same for us to work on the same. (c) Client Accounts: When you register for the Service, you must pay for the Service via Instamojo or other payment method expressly authorized by 01Design. You will be charged for the services you have selected. 01Design will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before 01Design implements any such change in fees. (d) Refunds: If you are not satisfied with the output provided by 01Design, you may request a refund by mailing it to email@example.com. The refund is possible subject to condition, the number of iterations mentioned in the package has not exceeded. 01Design will refund the total payment made by you or hold a part of the payment. (e) Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy. Additionally, you acknowledge that you will have no right (express or implied) to use any output or other work product, content, or media, nor will you have any ownership interest in or to the same. (f) Project Duration: You agree to provide timely responses to any status notifications that 01Design sends to you. You shall have 07 days to respond to each Response sent to you. If after 07 days you have failed to respond, 01Design will assume that your project is complete and the designs are accepted. At such time, 01Design will have no further obligation to you. Notwithstanding the foregoing, 01Design reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, 01Design will determine, in its sole discretion, whether you are entitled to any refund.
In case of refunds, at any point of time during the design process, other than the first stage, when the first iterations on the designs have been delivered, there will be a cancellation charge levied on the amount paid by the client if the project is cancelled by the client, which will be decided by the 01 Design Team. The amount to be charged for the cancellation fee is solely under the discretion of Quick Designs Private Limited.
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between 01Design and you, 01Design will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of 01Design, including “01Design”, without the prior written consent of 01Design, as determined in its sole discretion, for each such use. (b) Photos / Output. Upon submission of a Photo or any other information or media provided by you in connection with your use of the Service (collectively, the “Client Information”), 01Design and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of creating Output and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Photos for purposes of preparing an Output. (c) Rights of 01Design. Upon your submission of Client Information to the Service, you grant 01Design a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses. (d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final Output provided to you by 01Design (the “Final Product”). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and 01Design expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to 01Design a royalty-free, irrevocable exclusive worldwide right to use Photos individual responses provided to you, and Output for internal and archival purposes, and in order to display and promote the 01Design Service. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Output, and that no trademarks or service marks in or to any Output are being conveyed under these Terms and Conditions. You hereby acknowledge that 01Design shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Output. Accordingly, you are encouraged to perform your own independent searches with regard to the Output. Furthermore, you acknowledge that 01Design shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Output, nor shall 01Design be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Output.
(a) Responsibility for Content. 01Design shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, 01Design makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material that are communicated through, or posted to, the Service, whether by Members, Clients, 01Design or otherwise, nor does 01Design endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, 01Design makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to your project, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Output at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. (b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the “Linked Content”). The Linked Content is not under the control of 01Design and 01Design is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. 01Design is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by 01Design of such Linked Content. If you decide to access any Linked Content, you do so at your own risk. (c) Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS.” 01DESIGN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. 01DESIGN DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 01DESIGN DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 01DESIGN OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. (d) Release from Claims. The Service serves solely as a venue for the creation of work and 01Design does not regularly screen or censor any information or material posted to the Web Site. Although 01Design makes commercially reasonable efforts to determine the identity of Clients, 01Design cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because 01Design does not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Web Site, if you have a dispute with one or more users, you hereby release 01Design (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”(e) Indemnification. You hereby agree to defend, indemnify and hold harmless 01Design and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees. (f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF 01DESIGN OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 01DESIGN’ TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO 01DESIGN FOR YOUR OUTPUT UNDER THESE TERMS AND CONDITIONS.