Deckworks - Terms of Use
Last updated: 07/27/2023
This Terms of Use (the “Agreement”) constitutes a legally binding agreement by and between Deckworks, organized under the laws of Victoria, Australia (“Deckworks”), and the User (“User”).Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the User’s use of the services ("Services"), and immediate discontinuation of use is required. The relationship between User and Deckworks shall cease to exist, except for any obligation of User to pay Deckworks for services rendered which shall continue to be an ongoing obligation.
Service Plans
Basic: Under this project, Deckworks shall deliver to the User up to a maximum of fifteen (15) slides.
Growth: Under this project, Deckworks shall deliver to the User up to a maximum of twenty (20) slides.
Venture: This plan assigns a dedicated designer to the User from Deckworks. Please note that the number of work hours per week from the dedicated designer is not guaranteed, considering potential exigencies such as vacations, sick leaves, and other forms of necessary absence. Furthermore, Deckworks does not commit to a fixed quantity of deliverables per calendar month under this plan. Deckworks reserves the right to respond to new service items under this plan within two (2) business days. Please note that the Deckworks team shall work on only one request at a time and shall not proceed to the next request until the approval of the current request by the User.
These Service Plans may be subject to modifications, enhancements, or revisions at Deckworks' sole discretion. Users are strongly recommended to regularly review the terms of their service plans to stay abreast of any updates or changes.The terms and conditions for the rest of the agreement remain unchanged. Please read them thoroughly before availing any of our services.
1. Intellectual Property Rights
All content of the Website, including software, designs, trademarks, logos, audio, video, and text (collectively, the “Content”) are the property of Deckworks and protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions.
2. Ownership of Materials
Beyond Deckworks’s ownership of Request, all design and original source files created belong to User, and User shall be the sole owner of the copyright for all Projects.
3. Fonts
In the event that any Project incorporates fonts that are not owned by Deckworks and require a commercial license for the User to legally reproduce, distribute, or publicly display the Project, Deckworks will inform User in writing. The User will need to purchase the appropriate licenses for the Third-Party Fonts. The User assumes all responsibility for any consequences as a result of a failure by the User to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, User represents and warrants that: User has the legal capacity and agrees to comply with these Terms of Use; User is not a minor; User will not access the Website through automated or non-human means; User will not use the Website for any illegal or unauthorized purpose; User’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
User shall not access or use the Website for any purpose other than that for which the Website is made available to the User. The Website may not be used in connection with any commercial endeavors except those directly related to the services provided by Deckworks.
6. Feedback
User acknowledges and agrees that any questions, comments, suggestions, or other feedback (collectively, "Feedback") shall be the sole property of Deckworks. Deckworks is under no obligation to keep Feedback confidential or take steps necessary to ensure the confidentiality of Feedback.
7. Oversight
Deckworks reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of these Terms of Use or any applicable law, statute, or regulation. Deckworks further reserves the right to restrict or deny access to the Website or disable the User’s use of the Website, without notice or liability to User.
8. Returns and Refunds
All payments made to Deckworks for services are non-refundable, unless otherwise expressly provided in this Agreement. Refunds, if any, shall be issued solely at the discretion of Deckworks and will be evaluated on a case-by-case basis.Upon the initiation of their contract, Customers are required to pay in advance for services to be rendered within the forthcoming month.In the event that a refund is granted by Deckworks, all rights, title, and interest in and to all work product, tangible and intangible, resulting from or related to any work performed by Deckworks, including all intellectual property rights, shall be retained by Deckworks. Customers are expressly prohibited from using any such work product in any manner or medium, without the express written consent of Deckworks.This policy is intended to encourage fair and equitable treatment of all customers and to ensure the integrity and value of our services. Deckworks reserves the right to modify this refund policy at its discretion at any time, and such changes shall be effective immediately upon posting of the modified policy to the website or services.
9. Modifications to Terms of User
Deckworks reserves the right to change, alter, modify, or remove any content on the Website for any reason at its sole discretion. Deckworks reserves the right to modify or discontinue all or part of the Website without notice and without liability to the User.
10. Interruptions
Deckworks does not guarantee that the Website will be available and accessible at all times. There may be interruptions, delays, or errors beyond Deckworks’s control. User agrees that Deckworks shall not be liable for any loss, damage, or inconvenience caused by the User’s inability to access or use the Website during any interruption in service.
11. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Australia without regard to conflict of law principles.
12. Limitations of Liability and Indemnification
Deckworks, its directors, employees, members, contractors, or agents shall not be liable to the User or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, or other damages or losses arising from User’s use of the Website or the services provided by Deckworks, including but not limited to the editing and animating of videos.User agrees to defend, indemnify and hold harmless Deckworks from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:(1) Use of the Website or the services provided by Deckworks, including but not limited to the editing and animating of videos;(2) Breach of these Terms of Use;(3) Any breach of User’s representations and warranties set forth herein;(4) User’s violation of the rights of any third party, including but not limited to intellectual property rights.The User assumes all responsibility and risk for the use of the services provided by Deckworks, including but not limited to the editing and animating of videos. The User agrees that Deckworks is not responsible for any loss or damage of any sort the User may incur from dealing with a third party.Notwithstanding the foregoing, Deckworks reserves the right, at User’s expense, to assume control and defense of any matter for which User is required to indemnify Deckworks hereunder. User agrees to cooperate with Deckworks in defending such claims.
13. User Data
User is solely responsible for all data transmitted to or relating to any activity User has undertaken using the Website. Deckworks shall have no liability to User for any loss or corruption of any such data.
14. Electronic Delivery of Materials
User consents to receive electronic communications from Deckworks and agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. User agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Deckworks or through the Website.
15. Showcasing Work
Deckworks reserves the right to showcase design work on digital channels including social media, websites, etc. unless otherwise agreed upon. User reserves the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.
16. Termination
These Terms of Use shall remain in effect until terminated by the User or Deckworks. Deckworks may terminate these Terms of Use at any time without notice, or may suspend or terminate User’s access to the Website at any time for any reason.
17. Contact Information
Deckworks welcomes User's questions or comments regarding the Terms. Please send any queries or concerns to the following:
Deckworks
info@deckworks.co