Terms of service
Effective Date: 24 July 2023
1. Introduction
Welcome to Design Voodoo, a design subscription service offered by HNDRX Ltd, hereinafter referred to as "Design Voodoo," "we," "us," or "our." By subscribing to our design subscription service, you, the "Client' agree to be bound by the following terms and conditions. Please read them carefully.
2. Subscription Agreement
2.1 Eligibility: By subscribing to Design Voodoo, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement.
2.2 Services Provided: Design Voodoo offers unlimited graphic design and web development services for a fixed monthly fee as specified on our website or promotional materials. The services may include but are not limited to logo design, website design, illustrations, and other design-related tasks.
2.3 Subscription Fee: You agree to pay the fixed monthly subscription fee specified on our website or promotional materials. The subscription fee is subject to change with prior notice.
3. Subscription Terms
3.1 Subscription Period: The subscription term shall begin on the date of payment of the first monthly fee and shall continue on a month-to-month basis, unless terminated or paused as per the provisions below.
3.2 The Client acknowledges that the design subscription service provided by Design Voodoo operates on a subscription basis, allowing the Client to pause the subscription temporarily. However, the Client agrees that any unused balance of the subscription, including design requests, must be utilised within 365 days from the date of the initial subscription purchase. After the 365 days period, any unused portion of the subscription will expire and will no longer be available for the Client's use. Momentum shall have no obligation to provide any refunds or extensions for unused subscription balances beyond the specified period.
3.3 Auto-Renewal: Your subscription will automatically renew for successive monthly periods unless you cancel your subscription before the end of the current billing period.
3.4 Cancellation: You have the right to cancel your subscription at any time. You can cancel through your user account. Your subscription will remain active until the end of the current billing period, and no further charges will be incurred.
3.4 Refunds: We do not provide refunds for partial months or unused portions of the subscription period. Upon cancellation, you will have access to the services until the end of your current billing cycle. Design Voodoo reserves the right to deny refunds based on its own self discretion and without notice or liability to the Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Design Voodoo are owned by the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Design Voodoo reserves the right to take appropriate legal actions against Client for breach of this paragraph.
4. Intellectual Property
4.1 Ownership: All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, in the designs created for you under the subscription service, shall belong to you upon completion and delivery, subject to the full payment of subscription fees.
4.2 Design Voodoo Portfolio: Design Voodoo reserves the right to showcase the completed designs in its portfolio and marketing materials unless otherwise agreed upon in writing.
4.3 3. In the event that any Project incorporates fonts that are not owned by Design Voodoo and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the design request (“Third-Party Font(s)”), Design Voodoo will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Momentum has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
5. User Responsibilities
5.1 Content and Instructions: You are solely responsible for providing clear and accurate instructions, materials, and content required for the design request. Design Voodoo will not be held liable for any delays or deficiencies resulting from inaccurate or incomplete information provided by you.
5.2 Prohibited Content: You agree not to submit any content that is unlawful, defamatory, obscene, or infringes upon any third-party rights. Design Voodoo reserves the right to refuse any design requests that violate this provision.
6. Limitation of Liability
6.1 Design Voodoo shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of our subscription service, including but not limited to loss of data, profits, or business opportunities.
6.2 In no event shall the total liability of Design Voodoo, whether arising in contract, tort, or otherwise, exceed the total subscription fees paid by you in the six (6) months preceding the event giving rise to the liability.
7. Client Feedback
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") made to Design Voodoo shall become the sole property of Design Voodoo. Design Voodoo is not obligated to maintain the confidentiality of any Submission and may freely use and disseminate the Submission for any lawful purpose, at its sole and unrestricted discretion, without requiring the Client's permission, acknowledgment, or compensation.
With respect to the Submissions, Design Voodoo shall be the exclusive owner of all rights, except to the extent that rights are expressly granted to the Client under Paragraph 4 ("Intellectual Property"). The Client hereby affirms that they have the right to provide the Submission and waives any and all claims or recourse against Momentum regarding its use of the Submission in accordance with the terms stated herein and at Momentum's sole discretion.
8. Modifications
Design Voodoo reserves the right to modify, suspend, or discontinue any aspect of the subscription service, including these terms and conditions, at any time without prior notice. Any modifications will be effective upon posting on our website.
9. Disclaimer
The Website is provided on an "as-is," "as-available" basis. The Client acknowledges and agrees that their use of the Website and Services is entirely at their own risk. Design Voodoo disclaims all warranties, express or implied, concerning the Website and the Client's use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Design Voodoo makes no warranties or representations regarding the accuracy or completeness of the Website, its content, or any content of external websites linked to the Website. Design Voodoo assumes no liability for any errors, mistakes, or inaccuracies in the content and materials provided. Furthermore, Design Voodoo shall not be held responsible for any personal injury, property damage, or any other losses or damages of any nature arising from the Client's access to or use of the Website.
Design Voodoo shall not be liable for any unauthorised access to or use of its secure servers, including any breach of personal or financial information stored therein. The Client acknowledges that interruptions or cessations in the Website's transmission may occur, and Design Voodoo shall bear no responsibility for such disruptions.
In addition, Design Voodoo shall not be held liable for any bugs, viruses, Trojan horses, or similar harmful elements transmitted to or through the Website by third parties. The Client agrees that Design Voodoo is not responsible for any errors or omissions in the content and materials available on the Website.
Design Voodoo does not provide any warranty, endorsement, guarantee, or assume any responsibility for products or services advertised or offered by third parties through the Website, any hyperlinked websites, or featured in any advertising on the Website or mobile applications.
The Client understands and agrees that Design Voodoo cannot guarantee the accuracy, quality, safety, or legality of such third-party products or services, and any transactions or interactions with third parties are solely between the Client and the third party.
The Client is advised to exercise caution and use their best judgment when engaging with third-party products or services. Design Voodoo shall not be liable for any losses or damages arising from the Client's interactions or transactions with third-party entities.
10. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflicts of laws principles.
11. Entire Agreement
These terms and conditions constitute the entire agreement between you and Design Voodoo, superseding any prior agreements, whether oral or written.
By subscribing to the Design Voodoo design subscription service, you acknowledge that you have read, understood, and agreed to these terms and conditions.
If you have any questions or concerns, please contact us at hello@designvoodoo.co.nz