Terms and Conditions
"Dezynspace" | RBGM Creative Design Studio (last updated November 2019)
Last Updated November 2019
This website dezynspace.com (“Site”) is run and maintained by RBGM Creative Design Studio (“Dezynspace”). We are a design studio that provides design services online.
These Terms and Conditions (“Terms”) cover the terms on which you may use the site and avail of our services (“Services”). Please read these Terms carefully. Your continuous access and use of this Site signify that you have read and understood these Terms and that you expressly agreed to be bound by it.
Under these Terms, the words “we”, “us”, and “our” refer to Dezynspace. “User”, “you”, and “your” pertain to the user or visitor of the Site. “Designer” refers to the designers and artists of Dezynspace. “Content” is a collective term pertaining to all text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents, and the like, found within the Site. “Package(s)” refer to text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like, produced by Dezynspace during course of its Services, based on User requests and input, and purchased or commissioned by the relevant User.
This Site is intended solely for Users who are eighteen (18) years of age or older. Any registration or use of the Site by anyone under eighteen (18) years of age is unauthorized and in violation of these Terms. By using this Site, you represent and warrant that you are eighteen (18) years of age or older and that you agree to and will abide by these Terms.
2. OUR DESIGN SERVICES
2.1. This Site produces Packages or provides personalized services of Designers based on User request. Part of Dezynspace service is assisting Users by creating original Packages after listening to User needs, parameters, and feedback.
2.2. Services strictly commence upon purchase of the appropriate Package from our Site and by informing us of the specifics of their requests. User is responsible for communicating and transmitting the parameters of their requested Package and the accuracy of the packages or Services availed of. The User must provide clear, sufficient, and reasonable content and instructions to complete the Package and Service. Once Package is purchased, Users will be contacted by Dezynspace and/or our Designers to further clarify the parameters of the User’s requests or needs, if necessary.
2.3. Dezynspace offers the service and specialized attention of a dedicated Designer through its Dedicated Dezyner Service. Specialized attention from our Designers can be requested through this Site but may be subject to separate terms and conditions that the User must adhere to. Under the Dedicated Dezyner Service, User has control and discretion on the Package it desires but it shall not include services such as but not limited to UX design, website development, video editing, and animation. If User desires to request any service that is outside such limitation, it may do under a different engagement with Dezynspace for a separate fee.
2.4. The User is responsible for all materials used for the Package. User acknowledges that the User owns, or is authorized to use all files, content, and instructions transmitted or communicated to us. Dezynspace will endeavor to use images for your Package that are legal and that can be used for commercial purposes, but will not be liable for files submitted by the User and the Package produced as a result of the User-submitted files. Subject to Shutterstock’s applicable Terms and Conditions, User may use Dezynspace’s Shutterstock account to select and use following maximum number of images corresponding to the Package chosen:
2.4.1. Three (3) images for the two-day (2-day) Package;
2.4.2. Five (5) images for the five-day (5-day) Package;
2.4.3. Ten (10) images for the ten-day (10-day) Package; and
2.4.4. twenty (20) images for the twenty-day (20-day) Package.
5. Fees for the Shutterstock images in clause 2.4 is included in the fees for the Package. The fee shall not be refundable if the maximum number of images is not used.
6. While Dezynspace and its Designers take pride in its ability to deliver high quality output, we do not guaranty that all output and/or files delivered are free from errors. The User agrees to review and assess the Packages and/or files sent for any errors or oversight. The User is obliged to notify us for appropriate revision or correction subject to Package chosen. Dezynspace is not responsible for loss or expenses incurred resulting from the use of Packages containing errors or omissions.
3. OUR DESIGNERS
3.1. Designers are pre-vetted and the service quality they provide is within the standards of the advertising industry. A Package shall be chosen by the User corresponding to the specific duration they intend to have a Designer work for them.
3.2. After purchase of the Package you prefer, Dezynspace will set you up with a Designer within one (1) business day and send you a Terms and Conditions Addendum. User must agree to the Terms and Conditions Addendum to formalize the commencement of the project. User will receive a Slack invite to his/her online workspace. Nonetheless, the Service shall commence on the date selected upon purchasing a Package in accordance with clause 2.2 despite User’s failure or delay in accepting the Slack invitation. After acceptance of the invitation, the Designer will be available to complete his/her tasks under the project.
3.3. User can assign as many projects to the Designer within the duration of Package purchased. The Designer will work on the projects during the agreed work hours and will respond to your queries and requests real time. Work shall not be rendered during Saturdays, Sundays and Philippine regular and special holidays unless otherwise agreed upon. Customer support is available via email to email@example.com. After the expiration of the Package purchased, the Service may be extended by the user after payment of fees for the extension. The extension does not guaranty that the same Designer shall be assigned to the User.
3.4. Users must treat the Designer professionally. Users are not allowed to make improper, abusive, defamatory, scandalous, and otherwise insulting statements against the Designer or the Site. The breach of this obligation shall be a ground for immediate termination of the project without refund. Dezynspace reserves the right to initiate legal and equitable remedies against the User in order to protect the safety and well-being of our Designers.
3.5. With written notice to the User, Dezynspace may pullout the Designer assigned to the User and substitute an equally suitable and talented Designer. User may request a preferred Designer for a separate fee subject to the availability of the preferred Designer. If the preferred Designer is not available, the fee for the request shall be refunded.
3.6. In the event that the Designer is unable to perform the work on account of illness or other conditions, Dezynspace undertakes to notify the User at the soonest possible time. In such case, Dezynspace will extend the project time accordingly without additional fees. However, if the Designer is still unable to work on the project for more than two (2) working days, Dezynspace will assign a new Designer.
3.7. After a dedicated Designer has been assigned to the User and such Designer thereafter severs his/her professional relationship with Dezynspace, the User agrees to give Dezynspace at least five (5) working days to assign a new Designer. Dezynspace and the user will then agree to the corresponding extension of the project duration without additional fees. When a preferred Designer has been requested by the User, User will be refunded the separate request fee and shall be assigned a new designer.
3.8. User shall be allowed to request up to three (3) times the replacement of an assigned Designer based on reasonable grounds and upon the approval of Dezynspace. If after three (3) requests or when Dezynspace denies a request, the project shall be terminated, and User shall pay a prorated fee based on the number of days actually spent by Designers on the project.
4. ACCOUNT REGISTRATION
4.2. Each time you use a password or identification, the User is deemed to have been authorized to access and use the Site, provided that it is done in a manner consistent with the Terms. Dezynspace may, but is under no obligation to, investigate the authorization or source of any such access or use of the Site. The User is responsible for maintaining the confidentiality of his/her account password, login credentials and account wallet. The User is also responsible for all activities that occur in connection with the account. User agrees to immediately notify Dezynspace for any suspicious or unauthorized use or access of the account.
4.3. When you register for an account, you agree to provide current, complete, and accurate information about yourself or the company or entity that you represent. If any information you provide is untrue, inaccurate, obsolete, or incomplete, we reserve the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with the User, and restrict your future use of the Site and our Services.
4.4. Users may cancel their account any time by emailing firstname.lastname@example.org. User may terminate his/her account at any time by closing it and discontinuing the use of any and all parts of this Site. If you have questions on closing and terminating your account, please email us at email@example.com.
4.5. Dezynspace may immediately terminate account/s, without notice, for any conduct that:
4.5.1. violates these Terms;
4.5.2. is harmful to other Users or our business interests; or
4.5.3. results to an inactive account without any associated Credits.
5. COLLECTION AND USE OF PERSONAL INFORMATION
5.1. By using this Site or availing our services, User may be asked to provide personal information at any time. Dezynspace may share this personal information and use it consistent with these Terms. Dezynspace may also combine it with other information to provide and improve our products, services, content, and advertising.
5.2. Dezynspace may gather information automatically and store such information in log files. Information includes but is not limited to internet addresses, browser types and languages, operating systems, date/time stamps, etc. User gives permission and consent to our use of this information to understand and analyze trends, to administer the site, to learn about User behavior on this site, to improve our product and services, and to gather demographic information about its User base as a whole. In using this Site and availing of our Services, User also allows and gives consent that Dezynspace may use this information for our marketing, advertising and Services.
6. CONTACT DETAILS POLICY
6.1. By providing your electronic mail address and cell phone while using this Site or availing of our Services, User hereby affirmatively consents to our use of your electronic mail address and cell phone number for calls, text messages and electronic mails in order to perform and improve our Services. While we do not charge the User for messages and calls, your mobile network or internet service provider may charge you for said messages and calls. Under no circumstances will Dezynspace or any of its Designers be responsible for any text messaging or wireless charges incurred by the User. Data obtained from the User in connection with this text messaging service may include your cell phone number, your provider's name, and the date, time, and content of your messages.
6.2. Dezynspace may use this information to contact you and to provide the Services you request from us. All communication between the User and Dezynspace within the duration of the work or project is confidential and will not be disclosed to third parties unless there is prior consent and approval, or when required by law or government authorities.
7. BILLING AND PAYMENTS
7.2. All purchases, payments, fees, or expenses associated with the use of our Services or purchase of Packages, if not paid for via PayPal, will be charged in Credits contained in the User’s account wallet, according to the amount of the Package selected and agreed upon by the User and Dezynspace.
7.3. By using this Site, User expressly authorizes: (i) the third-party payment processor to collect your payment information and access your transactions on the payment processor platform; (ii) the payment processor to exchange and process merchant data and your data with the third-party payment processor; and (iii) the third-party payment processor to exchange and process your data worldwide, internally or through a third party service provider; in each case as necessary to enable Dezynspace to provide its Services.
7.4. By completing a transaction through your account, User expressly authorizes Dezynspace to deduct from the wallet and/or charge your credit card or other applicable payment instrument or payment mechanism all fees due and payable for all your transactions. User understands that purchase of certain Services or Packages may incur recurring charges unless specifically cancelled. User likewise acknowledge that certain Services provided by Dezynspace or its Designers may require additional terms and conditions upon which you must adhere to. All transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed.
7.5. Dezynspace reserve the right to change or withdraw features, specifications, prices, Services, and Content at any time, without prior notice. Prices applicable to a transaction will be the price in effect at the time such transaction is conducted.
8. REFUND POLICY
8.1. Users shall only be allowed to refund the pre-paid fees for the Dedicated Designer Service under the following conditions:
8.1.1. a Designer has been assigned by Dezynspace;
8.1.2. the assigned Designer has worked for at least two (2) consecutive days on the project;
8.1.3. User has requested to refund the fees and terminate the Services within three (3) days from the commencement of Designer’s engagement with the User; and
8.1.4. User and Dezynspace has endeavored to meet via voice or video call to resolve any of User’s concerns and issues.
8.2. After the three-day period in clause 8.1, all fees shall be non-refundable except in case of the prorated fee in clause 3.8. Any request for refund shall only be applicable for initial engagements with Dezynspace.
8.3. If Dezynspace finds that the request for refund and termination in clause 8.1.3. has been given in bad faith or an illegal attempt to avoid payment, Dezynspace reserves the right to still charge the User of the fee.
8.4. User agrees and understands that refund is not allowed in case of termination on account of client’s untoward behavior or any breach under of these Terms.
8.5. In case of delay in delivery of the project on account of force majeure or other events beyond the control of Dezynspace or its Designers, the User has no refund option but is granted an extension to continue the Package or work after the force majeure or event ceased.
9. RESTRICTIONS ON USE
9.1. Users and visitors must not do any of the following:
9.2.1. quest, commission, post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Dezynspace, in its sole discretion, does not wish posted or transmitted on the Site;
9.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
9.2.3. upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless User owns or controls the rights thereto or have received all necessary authorizations to do the same;
9.2.4. misrepresent his/her identity or affiliation in any way;
9.2.5. engage in deceptive online marketing;
9.2.6. violate any applicable laws or regulations;
9.2.7. and assist or permit any persons in engaging in any of the activities described above.
10. DISCLOSURE TO THIRD PARTIES
10.1. Dezynspace reserves the right to make certain personal information available to partners, affiliates, and vendors that would work with us to provide Content and Services, or help us market to partners and sponsors. Dezynspace hereby warrants that such personal information will only be shared for the purpose of providing or improving our Content, Services, and advertising. In no case will such information be shared for marketing purposes.
10.2. Both parties shall endeavor to enter into a separate mutual non-disclosure agreement (NDA) containing their stipulations and/or reservations on privacy issues and disclosure, which will be deemed as an addendum to these terms.
11. INTELLECTUAL PROPERTY
11.1. This Site and the collective Content within are protected by copyright, trademark, and other laws of the Republic of the Philippines. Users acknowledge and agree that this Site, Services, and collective Content, including all associated intellectual property rights, are the exclusive property of Dezynspace.
11.2. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify in any way, including in advertising or publicity pertaining to distribution, of materials or Content on this Site, without our prior written consent. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site or Services are used for identification purposes only and may be the property of their respective owners. As a User, you understand and agree that you are bound by these Terms on Intellectual Property.
11.3. Ownership of Packages created in connection with the purchase or availment of Dezynspace’s Services shall only transfer to the User upon the User’s full payment, confirmation, and acceptance of the final product, produced and transmitted by Deznyspace or its Designers. After full payment, confirmation, and acceptance of the final product, the Packages and all materials used thereon is exclusively owned by the User. In case the User represents an agency, company, or an entity, and that fact has been communicated to us, material ownership of the Packages and/or related works shall pertain to the agency, company, or entity, unless otherwise agreed upon by Dezynspace and the User.
11.4. With the written consent of the User, Dezynspace may use the Package, User’s personal quotes, trademark or logo in its promotional materials. Promotional materials shall include but is not limited to the Site, emails, presentation portfolios, brochures, print and online advertising.
12. REQUEST AND DELIVERY OF FILES
12.1. The finalized Package shall be delivered to the User in the file format requested. The request must be not later that five (5) calendar days after the expiration or termination of the project. The designated Slack channel for the User shall also be deleted after the same period. All requests for the file of the Package after the such period shall be charged a separate fee.
12.2. Upon the proper request mentioned clause 12.1, file copies of the Designs shall be delivered via email or by uploading the files in a shared cloud platform. Dezynspace shall not deliver physical or printed copies of the Packages, unless otherwise agreed upon for an additional fee.
13. MODIFICATION OF TERMS
13.1. Dezynspace reserves the right to modify the Site, our Services, and these Terms at any time without prior notice. In case the Terms have been updated or modified, we shall indicate it in the section “Last Updated” found at the top of these Terms. By continuous access or use of the Site or Service after an update or modification has been made, the User expressly signifies his/her consent to be bound by the modified Terms. If the modified terms are not acceptable to you, please discontinue use of the Site.
14. LINKS TO OTHER WEBSITES
14.1. Our Services may contain links to third party websites or services that are not owned or controlled by us. Dezynspace has no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Users further acknowledge and agree that Dezynspace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
15. LIMITATIONS ON LIABILITY
15.1. Dezynspace specifically disclaim any liability arising out of or in any way connected with access to or use of this Site and/or Services and Packages. In no event shall Dezynspace, its Designers, owners, officers, directors, shareholders, or employees be liable for any direct, indirect, incidental, consequential, punitive, or special damages or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence). By using this Site, Users specifically acknowledge that Dezynspace shall not be liable for User submissions, Packages, Services, or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with the User.
16. WARRANTIES AND REPRESENTATIONS
16.1. By using this Site and/or Services and as a result thereof, Users are solely responsible for all communications and interactions with other Users, partners, and other persons. Dezynspace does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any work provided by Designers, nor of the integrity, responsibility, or any of the actions or omissions whatsoever of any Users or Designers. Dezynspace makes no representations about the suitability, reliability, timeliness, or accuracy of the Packages or Services provided by Designers, identified through the Site whether in public, private, or offline interactions. Designers featured in this Site may be independent contractors, and are not in any way employees, agents, co-venturers, or representatives of Deznyspace. As the User, you agree to take reasonable precautions in all communications and interactions with other users of this Site or Services and with other persons whom you communicate or interact with as a result of your use of this Site or Services, especially if you decide to meet outside the premises of this Site or Service. Dezynspace explicitly disclaims all liability for any act or omission of any guest or other third party.
16.2. Dezynspace takes best efforts to confirm and verify the identity, reputation, and skill set of each Designer. However, we cannot entirely confirm that each Designer is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided through the Site. When interacting with Designers, the User should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with persons you do not personally know. The User expressly agrees that Dezynspace, its affiliates, and partners will not be held responsible for the conduct, whether online or offline, of any User or Designer. Likewise, Dezynspace, its affiliates, or partners will not be liable for any claim, injury, or damage arising in connection with your use of this Site or Services.
16.3. Dezynspace does not represent or warrant that this Site, Service, Content and Packages are free of bugs, viruses, or other harmful components, and the User bears the entire risk of losses or damages that he/she may incur or suffer as a result of any use of or access to this Site. Dezynspace does not guarantee continuous, uninterrupted, error-free or secure access to this Site or Service, since the operation of this Site may be interfered with by numerous factors outside of our control.
17.1. User agrees to defend, indemnify, and hold Dezynspace free from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: the use of this Site or the Internet or your placement or transmission of any message or information on this Site by you or your authorized Users; your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; your violation of any third party rights, including without limitation any rights of privacy, publicity rights or intellectual property rights; your violation of any law, rule or regulation of the Republic of the Philippines or any other country; any claim or damages that may arise as a result of any User submission that you provided Dezynspace; any claim or damages that may arise as a result of your use of Packages produced on your behalf; or any other party's access to and use of this Site with your unique username, password, and/or other appropriate security code.
18. GOVERNING LAW
18.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines and Philippine courts shall have exclusive jurisdiction.
19. ADDITIONAL ASSISTANCE
19.1. By using this Site, User agrees to review these Terms regularly. Dezynspace may update or revise these Terms at any time without prior notice. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org. The User is free to discontinue the use of this Site if he/she disagrees with, or does not accept these Terms or any of its parts.