Terms of Service
Effective Date: January 1, 2024
Welcome to designprime. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our platform, you agree to be bound by these Terms.
1. Introduction and Acceptance of Terms
Welcome to designprime, operated from Strada Porumbeilor nr. 21, 400000 Cluj-Napoca, România. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and designprime ("Company," "we," "us," or "our") regarding your access to and use of our website, services, and related applications (collectively, the "Service").
By accessing, browsing, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.
These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update these Terms at any time without prior notice. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
2. Description of Services
designprime provides comprehensive design and development services including but not limited to:
- Web Design and Development
- Brand Identity and Logo Design
- UI/UX Design Services
- Digital Marketing Solutions
- E-commerce Development
- Mobile Application Design
- Content Management Systems
- Ongoing Maintenance and Support
Our Service operates Monday through Friday, 09:00-18:00, and we are committed to delivering high-quality design solutions tailored to your specific business needs. All services are subject to the terms and conditions outlined in this agreement.
We continuously update and improve our services to provide the best possible experience for our clients. Service availability may vary, and we do not guarantee uninterrupted access to our platform.
3. User Accounts and Registration
To access certain features of our Service, you may be required to create an account. When you register for an account, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
Account Requirements:
- You must be at least 18 years old to create an account
- You must provide valid contact information including email and phone number
- You are responsible for maintaining the confidentiality of your login credentials
- You must notify us immediately of any unauthorized use of your account
- One person or legal entity may maintain only one account
We reserve the right to suspend or terminate your account if we believe you have violated these Terms or if we suspect fraudulent or illegal activity. You may delete your account at any time by contacting us at [email protected] or calling +40 743 189 462.
Account information will be handled in accordance with our Privacy Policy, which outlines how we collect, use, and protect your personal data.
4. User Conduct and Prohibited Activities
You agree to use our Service responsibly and in compliance with all applicable laws and regulations. The following activities are strictly prohibited when using our platform:
Prohibited Activities:
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Transmitting malicious code or viruses
- Attempting to gain unauthorized access
- Interfering with service operation
Content Restrictions:
- Harassing, threatening, or abusive content
- Sexually explicit or pornographic material
- Hate speech or discriminatory content
- False or misleading information
- Spam or unsolicited communications
Violation of these conduct rules may result in immediate termination of your access to our Service without prior notice. We reserve the right to remove any content that we deem inappropriate or in violation of these Terms.
You are solely responsible for all content you submit, upload, or transmit through our Service. You represent and warrant that you have all necessary rights to any content you provide.
5. Intellectual Property Rights
Our Service, including all content, features, and functionality, is owned by designprime and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you are reserved by designprime.
Your Rights and Responsibilities:
When you submit content to us for design services, you grant us a limited license to use, modify, and display that content solely for the purpose of providing our services to you.
- You retain ownership of your pre-existing intellectual property
- We retain ownership of our design methodologies and tools
- Final deliverables become your property upon full payment
- You may not use our designs for competing services
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material without our express written consent. Any unauthorized use may violate copyright, trademark, and other laws.
If you believe that your intellectual property rights have been infringed upon by content on our Service, please contact us immediately with detailed information about the alleged infringement.
6. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.
Data We Collect:
- Contact and account information
- Project specifications and requirements
- Payment and billing information
- Usage analytics and preferences
Data Protection Measures:
- SSL encryption for data transmission
- Secure server infrastructure
- Regular security audits and updates
- Limited access on need-to-know basis
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure.
You have the right to access, rectify, erase, or restrict processing of your personal data. For any privacy-related requests, please contact us at [email protected].
7. Payment Terms and Billing
Payment for our services is due according to the terms specified in your individual service agreement or project proposal. We accept various payment methods including bank transfers, credit cards, and digital payment platforms.
Payment Terms:
- 50% deposit required to begin work
- Remaining balance due upon completion
- Late payments subject to 2% monthly fee
- Net 30 terms for approved businesses
- Project timelines may be adjusted for payment delays
- All prices in EUR unless otherwise specified
Refunds are available within 14 days of project commencement if you are not satisfied with our initial concepts. However, once design work has progressed beyond the initial concept phase, refunds are not available. All refunds are subject to a 5% processing fee.
For billing inquiries or payment arrangements, please contact our accounting department at [email protected] or call +40 743 189 462 during business hours (Mon-Fri: 09:00-18:00).
8. Limitation of Liability
To the maximum extent permitted by applicable law, designprime shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our Service.
Important Limitation:
Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us for the services giving rise to the claim in the twelve (12) months immediately preceding the event giving rise to the claim.
We provide our Service "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We are not responsible for any delays, failures, or interruptions in service that result from circumstances beyond our reasonable control.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
9. Termination of Service
Either party may terminate this agreement at any time with written notice. You may terminate your account and access to our Service by contacting us or through your account settings. We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these Terms.
Upon Termination:
- Your right to access the Service ceases immediately
- Outstanding payments become immediately due
- Work in progress may be delivered or cancelled
- Confidentiality obligations survive termination
Effect of Termination:
- Data retention as per Privacy Policy
- Final project deliverables provided if paid
- Source files provided upon request
- No refund for work already completed
Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Cluj-Napoca, Romania.
Dispute Resolution Process:
- Informal Resolution: Contact us directly at [email protected] to attempt informal resolution
- Mediation: If informal resolution fails, disputes will be submitted to mediation in Cluj-Napoca
- Arbitration: Unresolved disputes will be settled through binding arbitration under Romanian Arbitration Rules
- Court Jurisdiction: Courts in Cluj-Napoca, Romania shall have exclusive jurisdiction for enforcement
You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitration. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Nothing in these Terms prevents either party from seeking injunctive relief to protect intellectual property rights or confidential information.
11. Changes to Terms
We reserve the right to modify or update these Terms at any time without prior notice. When we make changes, we will update the "Effective Date" at the top of this page and notify users of significant changes through email or prominent notice on our Service.
Your Responsibilities:
It is your responsibility to review these Terms periodically for changes. Your continued use of our Service after any modifications indicates your acceptance of the updated Terms.
If you do not agree to the modified Terms, you must stop using our Service. We may provide additional notice for material changes that affect your rights or obligations under these Terms.
Previous versions of these Terms may be archived and made available upon request for legal or business purposes.
12. Contact Information
If you have any questions about these Terms of Service, please contact us using the following information:
Company Information
Company: designprime
Address:
Strada Porumbeilor nr. 21
400000 Cluj-Napoca, România
Phone: +40 743 189 462
Email: [email protected]
Business Hours
Monday - Friday: 09:00 - 18:00
Saturday: Closed
Sunday: Closed
Time Zone: Eastern European Time (EET)
Need Immediate Assistance?
For urgent matters or technical support, please call us directly during business hours. For general inquiries, email is the preferred method and typically receives a response within 24 hours.
These Terms of Service were last updated on January 1, 2024