Terms of Service

All use of the website www.design2go.net (‘the Site’) and taking of chargeable services from us is on the terms and conditions below. If you do not agree to these conditions cease use of the Site immediately.

You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the website.

1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions;
1.2 "Client" means the organisation or person who purchases services from Design2Go;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "Project Description " means a statement of work, quotation or other similar document describing the services and packages to be provided by Design2Go;

2 GENERAL
2.1 These Terms and Conditions shall apply to all services supplied by Design2Go to the Client.
2.2 The Client will provide us with instruction of appointment by ordering one of our Design Packages as set out in the Project Description.
2.3 Design2Go shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.

3 FEES AND PAYMENT
3.1 The fees for our design services are as set out in the Project Description. The Client shall pay the sum as specified by us prior to you paying in full for our Services.
3.2 The price shall not be subject to any adjustment whatsoever except in relation to or as agreed or determined by us in an e-mail to you ie by way of a discount.
3.3 Payment is required in full before the design process starts, unless otherwise stated in the Project Description. We accept payments in Pound Sterling. Payments are required to be paid via PayPal.
3.4 Any Invoiced amounts shall be due and payable within 30 days of receipt of invoice. Design2Go shall be entitled to charge a late fee on overdue invoices from the date when payment becomes due from day to day until the date of payment at a fee of £20 per month.

4 CLIENT’S OBLIGATIONS
4.1 To enable Design2Go to perform its obligations under this Agreement the Client shall:
4.1.1 co-operate with the Design2Go;
4.1.2 provide Design2Go with any information reasonably required by Design2Go;
4.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
4.1.4 comply with such other requirements as may be set out in the Project Description or otherwise agreed between the parties.
4.2 The Client shall be liable to compensate the Design2Go for any expenses incurred
by Design2Go as a result of the Client's failure to comply with Clause 4.1.
4.3 Without prejudice to any other rights to which Design2Go may be entitled, in the event that the Client unlawfully terminates or cancels the services agreed to in the Project Description, the Client shall be required to pay Design2Go as agreed damages and not as a penalty the full amount of any third party costs to which Design2Go has committed and in respect of cancellations on less than five working days’ written notice the full amount of the services contracted for as set out in the Project Description, and the Client agrees this is a genuine pre-estimate of Design2Go's losses in such a case. For the avoidance of doubt, the Client’s failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
4.4 In the event that the Client or any third party, not being a sub-contractor of Design2Go, shall omit or commit anything which prevents or delays Design2Go from undertaking or complying with any of its obligations under this Agreement, then the Design2Go shall notify the Client as soon as possible and:
4.4.1 Design2Go shall have no liability in respect of any delay to the completion of any project;

5 ALTERATIONS TO THE PROJECT DESCRIPTION
5.1 The parties may at any time mutually agree upon and execute new Project Descriptions. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Project Description, which shall reflect the changed services and fees and any other terms agreed between the parties.
5.2 The Client may at any time request alterations to the Project Description by email to Design2Go at studio@design2go.net. On receipt of the request for alterations Design2Go shall, within 5 working days or such other period as may be agreed between the parties, advise the Client by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties
5.3 Where Design2Go gives written notice to the Client agreeing to perform any alterations on terms different to those already agreed between the parties, the Client shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise Design2Go by notice of email whether or not it wishes the alterations to proceed.
5.4 Where Design2Go gives written notice to the Client agreeing to perform alterations on terms different to those already agreed between the parties, and the Client confirms in writing that it wishes the alterations to proceed on those terms, the Project Description shall be amended to reflect such alterations and thereafter Design2Go shall perform this Agreement upon the basis of such amended terms.

6 WARRANTY
6.1 Design2Go warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
6.2 Without prejudice to Clause 6.1, and except as expressly stated in this Agreement, all
warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by Design2Go.

7 INDEMNIFICATION
The Client shall indemnify Design2Go against all claims, costs and expenses which Design2Go may incur and which arise, directly or indirectly, from the Clients breach of any of its obligations under this Agreement, including any claims brought against Design2Go alleging that any services provided by Design2GO in accordance with the Project Description infringes a patent, copyright or trade secret or other similar right of a third party.

8 LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Design2Go to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Client to which the claim relates.
8.2 In no event shall Design2Go be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Design2Go had been made aware of the possibility of the Client incurring such a loss. We will accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the Site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this Site. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.
8.3 Nothing in these Terms and Conditions shall exclude or limit the Clients liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

9 TERMINATION
Either party may terminate this Agreement forthwith by notice in writing to the other if:
9.1 A party ('the Initiating Party') may terminate this agreement with immediate effect by written notice to the other party ('the Breaching Party')
9.2 In then event that you terminate this Agreement all amounts become non refundable.
9.3 If an order is cancelled within 5 days from you receiving a confirmation of contract and we have not commenced the project we shall refund the monies paid less a £5 service fee.
9.4 In the event of a cancellation, all Intellectual Property Rights are owned by us.
9.5 Due to the nature of the project we shall need to discuss edits and revisions within you. If we fail to receive adequate instructions within 28 days from our first request we reserve the right to remove from the servers all artwork and store the same in our archive database.
Any archived project is subject to a £20 (STERLING) reactivation fee. This fee is at our sole discretion. If you fail to respond after 2 calendar months, all artwork will be removed from our website page and cancellation of the project will be enforced with all amounts becoming non-refundable.

10 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Design2Go, and the Client shall do all that is reasonably necessary to ensure that such rights vest in Design2Go by the execution of appropriate instruments or the making of agreements with third parties.

11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

12 ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Design2GO.

13 SEVERABILITY
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

14 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

15 NOTICES
Any notice to be given by either party to the other may be served by email, or by post. if notification is sent by email, it shall unless the contrary is proved be deemed to have been received during the normal office hours on the day it was sent or the following working day if sent outside of those normal office hours, if sent by post shall be deemed to have been delivered in the ordinary course of post.

16 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

17 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Design2Go, 166 Main Street, Burley in Wharfedale, West Yorkshire LS29 7HS, United Kingdom
Email: Studio@Design2Go.net