Terms & Conditions
Last updated: 15/09/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Design Á La Carte, a creative services agency, and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Design Á La Carte’s website: www.designalacarte.co (the “Website”) and any other media form, channel, mobile website or mobile application related, linked, or otherwise connected thereto. By accessing the Website or engaging Design Á La Carte’s services, the Client agrees to comply with all terms and conditions set forth herein. Any violation results in the termination of the Client’s access to the Website and services, except for the Client’s obligation to pay for services already rendered by Design Á La Carte.
Intellectual Property Rights
Unless otherwise indicated, the Website and its contents, including but not limited to source code, databases, functionality, software, website designs, graphics, and trademarks (the “Content”), are the exclusive property of Design Á La Carte. No part of the Website or its Content may be copied, reproduced, republished, uploaded, posted, encoded, or transmitted for commercial use without prior written permission from Design Á La Carte. All rights to the Content are reserved.
Ownership of Materials
All designs, files, and projects created by Design Á La Carte for the Client (“Projects”) are the Client’s sole property upon full payment. In the case that ownership would otherwise transfer to Design Á La Carte by law, Design Á La Carte agrees to assign its rights in the Project to the Client. Design Á La Carte retains the right to showcase completed Projects on its website or marketing materials unless a non-disclosure agreement (NDA) is in place.
Third-Party Fonts
If a Project uses third-party fonts that require licensing, Design Á La Carte will inform the Client. It is the Client’s responsibility to purchase necessary licenses to legally reproduce and display the Project. Design Á La Carte will provide guidance on which licenses are required, but all responsibility for compliance rests with the Client.
User Representations
By accessing the Website, the Client affirms that they:
Have legal capacity and agree to comply with these Terms.
Will not access the Website through unauthorized means (automated or otherwise).
Will use the Website only for lawful purposes.
Will not engage in any activity that violates any applicable laws or regulations.
Prohibited Activities
The Client agrees not to:
Use the Website for purposes other than those permitted by Design Á La Carte.
Engage in activities such as unauthorized data scraping, security circumvention, reverse engineering, or any actions that disrupt the Website’s functionality.
Use the Website for any illegal or unauthorized purposes or to defraud or harm Design Á La Carte or its users.
Client Feedback
Any feedback, suggestions, or submissions provided to Design Á La Carte by the Client may be used by Design Á La Carte without any obligation to the Client. Design Á La Carte reserves the right to utilize any feedback for its business purposes.
Management & Oversight
Design Á La Carte reserves the right to monitor usage of the Website for violations of these Terms and take legal action if necessary. Access may be restricted or revoked at Design Á La Carte’s discretion without liability.
Privacy Policy
By using the Website, the Client agrees to the Privacy Policy governing the collection and use of personal data. Design Á La Carte may collect data in accordance with applicable privacy regulations.
Returns and Refunds
Due to the nature of custom design work, Design Á La Carte does not offer refunds once work has commenced. If the Client requests a refund within the first month of service, Design Á La Carte may, at its discretion, retain ownership of all materials produced and charge a 25% fee on the remaining service period.
Modifications
Design Á La Carte reserves the right to modify the Website and these Terms at any time without notice. Continued use of the Website constitutes acceptance of any modifications.
Connection Interruptions
Design Á La Carte cannot guarantee uninterrupted access to the Website. The Client agrees that Design Á La Carte is not liable for any service interruptions beyond its control.
Governing Law
These Terms are governed by and construed in accordance with the laws of of the Province of Ottawa without regard to its conflict of law provisions.
Litigation
Any legal disputes arising under this Agreement shall be settled in the courts located in Ottawa Canada. Both parties consent to the jurisdiction of these courts.
Disclaimer
The Website is provided “As Is,” and Design Á La Carte disclaims all warranties, express or implied. Design Á La Carte is not responsible for any errors, omissions, or interruptions in service.
Limitations of Liability and Indemnification
Design Á La Carte shall not be held liable for any damages arising from the Client’s use of the Website or services. The Client agrees to indemnify Design Á La Carte against any claims arising from their breach of these Terms.
User Data
The Client is responsible for all data shared with or transmitted through the Website. Design Á La Carte is not liable for any loss or corruption of data.
Electronic Communications and Signatures
By using the Website, the Client consents to receive communications electronically. The Client agrees that all contracts, notices, and communications exchanged electronically satisfy any legal requirement for written communications.
Showcasing Design Work
Design Á La Carte reserves the right to publicly showcase design work unless an NDA is agreed upon. The Client can request that work remain private by formalizing an NDA with Design Á La Carte.
Referrals
Referral tracking and payouts are managed through Design Á La Carte’s third-party partner, Rewardful.
Miscellaneous
These Terms constitute the entire agreement between the Client and Design Á La Carte. Any failure to enforce a provision does not waive the right to enforce the same in the future. Any invalid provisions are severable and will not affect the remainder of these Terms.
Contact Information
For any questions or complaints, please contact Design Á La Carte at: hello@designalacarte.co