Service Agreement

Effective Date: Nov 26, 2024

This Service Agreement ("Agreement") is a binding legal contract between you ("User," "Client," or "you") and Design Click, a DBA of Exceeding Development LLC, based in Scottsdale, Arizona ("Design Click," "we," "us," or "our"). By signing up for an account or using our services, you confirm that you have read, understood, and agree to this Agreement. If you do not agree, you must immediately discontinue using our services.

1. Services Provided

Design Click provides a variety of graphic design services through subscription-based plans and on-demand options. These services include, but are not limited to:

1.1 Design Deliverables

  • Branding Materials: Logo design, brand guidelines, and visual identity creation.
  • Marketing Collateral: Business cards, flyers, brochures, posters, advertisements, and packaging designs.
  • Digital Graphics: Social media kits, web banners, email templates, icons, and illustrations.
  • Web Design and Development: Website and landing page design, limited to selected subscription plans.
  • Custom Requests: Specialized projects tailored to your unique needs, provided on request and subject to additional fees.

1.2 Platform Management

We use the GetZendo.io platform to manage all design requests, revisions, and file sharing. By signing up for our services, you agree to comply with GetZendo.io’s terms and policies.

1.3 Deliverables

All designs will be provided in high-resolution digital formats, including but not limited to PNG, JPEG, PDF, or source files, based on your subscription plan.

2. Account Registration and Responsibilities

2.1 Account Creation

To access our services, you must:

  • Register by providing accurate, complete, and up-to-date information, including your name, email address, payment details, and other necessary information.
  • Ensure that all information provided during registration and use of the account remains accurate.

2.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.

  • If you suspect unauthorized use of your account, you must notify us immediately at info@designclick.net.
  • We are not responsible for any losses or damages resulting from unauthorized access due to your failure to secure your credentials.

2.3 Account Suspension or Termination

We reserve the right to suspend or terminate accounts that:

  • Provide false or misleading information during registration.
  • Violate this Agreement, our policies, or applicable laws.
  • Are deemed to be engaging in activities harmful to Design Click, its platform, or other users.

3. Ownership and Intellectual Property

3.1 Rights to Deliverables

  • Upon full payment, Design Click grants you a non-exclusive, perpetual license to use the delivered designs for personal, business, or commercial purposes.
  • This license allows you to modify, print, and distribute the designs for the intended purpose.

3.2 Retention of Ownership

  • Design Click retains full ownership and copyright of all designs and materials created.
  • Ownership rights are maintained to ensure the authenticity and originality of our designs, and to prevent unauthorized reproduction or resale.

3.3 Portfolio Use

  • Design Click reserves the right to showcase completed projects in its portfolio, marketing materials, or case studies unless you explicitly request otherwise in writing.

3.4 Restrictions

You may not:

  • Resell, sublicense, or redistribute the designs to third parties without explicit written consent.
  • Claim authorship or ownership of the designs.
  • Use the designs in any way that violates applicable laws or third-party rights.

4. Revisions and Turnaround Times

4.1 Revisions

  • Each subscription plan includes a specific number of revisions for submitted requests.
  • Additional revisions beyond the plan’s allowance will incur extra charges, which will be communicated before proceeding.
  • Revision requests must align with the original scope of the design request. Major changes may be treated as new requests.

4.2 Turnaround Times

  • Turnaround times vary based on your selected subscription plan:
    • Basic Plan: 84 hours per request.
    • Standard Plan: 72 hours per request.
    • Premium Plan: 48 hours per request.
  • Turnaround times are calculated based on business days and do not include weekends or public holidays.

4.3 Delays

We are committed to delivering projects on time; however, delays may occur due to:

  • Insufficient or unclear instructions.
  • Delayed client feedback or approvals.
  • Complex or customized design requirements.
    Design Click is not liable for delays caused by factors outside our control.

5. Payment and Subscription Terms

5.1 Billing and Payments

  • All subscription fees are billed in advance on a recurring monthly basis.
  • Payments must be made using a valid payment method, such as credit cards or other accepted payment options.

5.2 Refunds

  • Payments are non-refundable except where required by applicable law.
  • No refunds are issued for unused portions of a billing cycle if you choose to cancel your subscription.

5.3 Late Payments

  • Failure to process payments will result in suspension of services until the outstanding balance is cleared.

5.4 Changes and Cancellations

  • You may pause, upgrade, downgrade, or cancel your subscription at any time via your account dashboard.
  • Cancellations take effect at the end of the current billing cycle.

6. Acceptable Use Policy

You agree to use our services responsibly and in compliance with this Agreement and all applicable laws. You may not:

  • Submit requests for illegal, defamatory, or harmful content.
  • Use our designs to infringe on the rights of third parties, including copyright and trademark rights.
  • Attempt to hack, reverse-engineer, or disrupt our platform or services.

Design Click reserves the right to terminate accounts engaging in prohibited activities.

7. Confidentiality

7.1 Design Click Obligations

  • We will keep all project files, communications, and personal information secure and confidential.
  • We will not disclose your project details to unauthorized third parties without your consent.

7.2 Client Obligations

You agree to:

  • Treat Design Click’s proprietary tools, methodologies, and processes as confidential.
  • Not disclose or share any proprietary information without written permission.

8. Limitation of Liability

To the fullest extent permitted by law:

  • No Indirect Damages: Design Click is not liable for indirect, incidental, or consequential damages, including lost profits or business interruptions.
  • Maximum Liability: Our total liability is limited to the total fees paid by you for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless Design Click, Exceeding Development LLC, and their affiliates from any claims, damages, or expenses arising from:

  • Your breach of this Agreement.
  • Your misuse of our services or designs.
  • Your violation of any applicable law or third-party rights.

10. Termination

10.1 Client-Initiated Termination

You may terminate this Agreement at any time by canceling your subscription through your account dashboard. Termination will take effect at the end of the current billing cycle.

10.2 Design Click-Initiated Termination

We reserve the right to terminate or suspend your account immediately if:

  • You breach any terms of this Agreement.
  • Your behavior negatively impacts our platform, business, or other users.

Upon termination, all access to your account and services will cease, and any unpaid fees will remain due.

11. Governing Law and Dispute Resolution

11.1 Governing Law

This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any disputes arising under or in connection with this Agreement will be resolved through binding arbitration conducted in Scottsdale, Arizona, in accordance with the rules of the American Arbitration Association.

12. Updates to This Agreement

We may update this Agreement periodically. Changes will be communicated via email or website notifications. Your continued use of our services constitutes acceptance of the updated terms.

13. Contact Information

If you have any questions or concerns about this Agreement, please contact us at:

Design Click
Exceeding Development LLC
Email: info@designclick.net