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Terms and Conditions for Design All The Way

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These terms and conditions govern your use of our website and our services. By accessing our website or hiring us for our services, you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, you must not use our website or our services.

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Definitions

In these terms and conditions, the following definitions apply:

  • “We”, “us”, “our” means Design All The Way, a design and IT service provider based in Ontario, Canada.

  • “You”, “your” means the user of our website or the client of our services.

  • “Website” means https://www.designalltheway.com/ or any other website operated by us.

  • “Services” means any design or IT services that we offer or provide to you, such as web design, graphic design, software development, or IT consulting.

  • “Project” means a specific task or assignment that we agree to perform for you as part of our services.

  • “Content” means any text, images, graphics, videos, audio, data, or other materials that we create or provide for you as part of our services or that you submit or upload to our website.

 

Website Use

You may use our website for lawful purposes only. You must not use our website:

  • In any way that breaches any applicable local, national, or international law or regulation;

  • In any way that is unlawful, fraudulent, deceptive, harmful, abusive, harassing, threatening, defamatory, obscene, hateful, discriminatory, or otherwise objectionable;

  • To transmit or upload any viruses, malware, spyware, or other harmful code or programs;

  • To interfere with or disrupt the operation of our website or any servers or networks connected to it;

  • To copy, reproduce, distribute, modify, sell, resell, rent, lease, sublicense, or otherwise exploit any part of our website without our prior written consent;

  • To access or attempt to access any parts of our website that are not intended for public use or that are password-protected or restricted;

  • To scrape, crawl, index, mine, or extract any data or information from our website without our prior written consent;

  • To violate the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.

We reserve the right to suspend or terminate your access to our website at any time and without notice if we have reasonable grounds to believe that you have violated these terms and conditions.

 

Services

We offer various design and IT services that you can request through our website or by contacting us directly. The scope, duration, price, and payment terms of each project will be agreed upon by us and you in writing before we start working on it. We will provide you with a quote and a contract for each project that will specify the details and conditions of the project.

 

You agree to:

  • Provide us with all the information and materials that we may reasonably require to perform the project;

  • Cooperate with us and respond to our requests in a timely and professional manner;

  • Review and approve the deliverables that we provide for you within the agreed time frame;

  • Pay us the agreed fees for the project according to the payment schedule in the contract.

 

We agree to:

  • Perform the project with reasonable care and skill in accordance with the specifications and requirements in the contract;

  • Deliver the project within the agreed time frame or notify you as soon as possible if there are any delays or difficulties;

  • Make reasonable revisions or corrections to the project if you are not satisfied with the quality or accuracy of the deliverables;

  • Grant you a non-exclusive license to use the content that we create or provide for you as part of the project for your own personal or business purposes.

 

We reserve the right to suspend or terminate the project at any time and without notice if:

  • You fail to pay us the agreed fees for the project on time;

  • You breach any of these terms and conditions or the contract for the project;

  • We encounter technical problems or circumstances beyond our control that prevent us from completing the project.

 

Intellectual Property Rights

 

We retain all intellectual property rights in and to our website and our services. Nothing in these terms and conditions grants you any rights to use our name, logo, trademarks, trade names, domain names, or other distinctive brand features without our prior written consent.

You retain all intellectual property rights in and to the content that you submit or upload to our website or provide to us for the purpose of the project. You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, copy, modify, adapt, distribute, publish, display, and create derivative works from your content for the purpose of performing the project or providing our services to you.

We retain all intellectual property rights in and to the content that we create or provide for you as part of the project. We grant you a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, copy, modify, adapt, distribute, publish, display, and create derivative works from our content for your own personal or business purposes.

 

You agree not to:

  • Use our content or any part of it for any purpose other than the one for which it was intended or agreed upon;

  • Claim or imply any ownership or authorship of our content or any part of it;

  • Remove or alter any copyright notices or other proprietary markings on our content;

  • Use our content or any part of it in a way that infringes or violates the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.

 

Disclaimer of Warranties

Our website and our services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the quality, accuracy, reliability, suitability, availability, completeness, security, performance, or compatibility of our website or our services. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

We do not warrant that our website or our services will meet your requirements or expectations; that our website or our services will be uninterrupted, timely, error-free, or free of viruses or other harmful components; that any errors or defects in our website or our services will be corrected; that any information or content obtained through our website or our services will be accurate, complete, current, or reliable; that any results or outcomes from using our website or our services will be satisfactory or beneficial.

You acknowledge and agree that your use of our website and our services is at your own risk and discretion. You are solely responsible for any damage or loss that may result from your use of our website or our services, including but not limited to damage to your computer system or device; loss of data; loss of profits; loss of goodwill; loss of business opportunities; loss of reputation; or any other direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Accordingly, some of the above exclusions or limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

 

Limitation of Liability

To the fullest extent permitted by law, we will not be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or in connection with your use or inability to use our website or our services or any content or deliverables provided by us or by you as part of our website or our services whether based on warranty, contract, tort, negligence, strict liability, statute, or any other legal theory and whether or not we have been advised of the possibility of such damages.

In no event will our total liability to you or any third party for any claims or causes of action arising out of or in connection with your use or inability to use our website or our services or any content or deliverables provided by us or by you as part of our website or our services exceed the amount paid by you to us for the project giving rise to such liability.

Some jurisdictions do not allow the exclusion or limitation of certain damages. Accordingly, some of the above exclusions or limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

 

Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, contractors, partners, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use or misuse of our website or our services;

  • Your breach or violation of these terms and conditions

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