Terms of Service
Welcome to DesignForge. These Terms of Service govern your use of our website and services. Please read these terms carefully before using our platform.
Last updated: December 2024
Effective date: January 1, 2025
1. Acceptance of Terms
By accessing and using the DesignForge website ("Service"), you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DesignForge Ltd ("Company," "we," "us," or "our"), a company registered in England with company number [Company Registration Number], operating from our London headquarters at 125 Bishopsgate, London EC2M 1JY, United Kingdom.
If you do not agree to these Terms, you must not use our Service. We reserve the right to update these Terms at any time, and such updates will be effective immediately upon posting. Your continued use of the Service after any changes indicates your acceptance of the new Terms.
2. Description of Service
DesignForge is a professional design and development agency specializing in creating exceptional digital experiences. Our Services include but are not limited to:
- Web design and development services
- Brand identity and visual design
- User experience (UX) and user interface (UI) design
- Digital marketing and consultation
- E-commerce solutions and platforms
- Content management systems and web applications
- Mobile application development
- Ongoing maintenance and support services
We operate Monday through Friday, 9:00 AM to 6:00 PM (GMT). For urgent matters outside business hours, please contact us at [email protected] or call us at +44 20 7946 0958.
3. User Accounts and Registration
To access certain features of our Service, you may be required to create an account. When you register, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must promptly notify us of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate accounts that we believe have been compromised or are being used in violation of these Terms.
Users must be at least 18 years old to create an account and use our Services. If you are under 18, you may only use our Services with the consent and supervision of a parent or legal guardian.
4. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of DesignForge Ltd and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
User Content: You retain ownership of any content, materials, or information you provide to us ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing our Services to you.
Our Work Product: Unless otherwise agreed in writing, all work product, deliverables, designs, and creative materials created by DesignForge specifically for your project ("Work Product") will become your property upon full payment of applicable fees. We retain the right to use general knowledge, skills, and experience gained during the provision of Services.
5. User Conduct and Prohibited Uses
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates applicable federal, state, local, or international law or regulation
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
- To send, knowingly receive, upload, download, use, or re-use any material that violates any laws or regulations
- To transmit or procure the sending of any advertising or promotional material without our prior written consent
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
- To use any automated system, including without limitation robots, spiders, or offline readers
- To attempt to gain unauthorized access to any portion or feature of the Service
We reserve the right to refuse Service to anyone for any reason at any time and to terminate or suspend access immediately, without prior notice, for any breach of these Terms.
6. Payment Terms and Fees
All fees for Services are specified in our project proposals, service agreements, or as otherwise communicated to you. Unless otherwise agreed in writing:
- Payment is due within thirty (30) days of invoice date
- Late payments may incur a service charge of 1.5% per month
- Projects may be suspended for payments overdue by more than 15 days
- Refunds are subject to our Refund Policy and specific project terms
- Price quotes are valid for thirty (30) days unless otherwise specified
We reserve the right to change our pricing at any time, with changes effective immediately upon posting on our website or notification to existing clients. For projects in progress, pricing changes will be communicated in advance and require mutual agreement.
All fees are exclusive of taxes, duties, and other charges, which you are responsible for paying unless exempt by applicable law.
7. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of 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 information in accordance with our Privacy Policy.
We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
In compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws, you have the right to access, correct, delete, or restrict processing of your personal information. For questions about our data practices, please contact us at [email protected].
8. Warranties and Disclaimers
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) WHICH, BUT FOR THESE TERMS, MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.
Service Warranty: We warrant that we will provide Services in a professional and workmanlike manner consistent with industry standards. If you are not satisfied with our Services, you must notify us within thirty (30) days of delivery, and we will work with you to address any deficiencies.
Third-Party Services: Our Service may contain links to third-party websites or services that are not owned or controlled by DesignForge. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
No Guarantee: We do not guarantee that our Service will meet your specific requirements or be uninterrupted, secure, or error-free. We reserve the right to modify or discontinue the Service at any time without notice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESIGNFORGE LTD, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, 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 or inability to use the Service
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, trojan horses, or the like that may be transmitted through the Service
- Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service
Maximum Liability: Our total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or the Service shall not exceed the amount paid by you to us for the Services in the twelve (12) months immediately preceding the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless DesignForge Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
11. Termination and Suspension
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Effect of Termination: Upon termination, we will provide reasonable assistance in migrating your data where feasible. You are responsible for retrieving any data within thirty (30) days of termination, after which we may delete such data in accordance with our data retention policies.
12. Governing Law and Dispute Resolution
These Terms shall be interpreted and governed by the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in London, United Kingdom, in accordance with the rules of the London Court of International Arbitration (LCIA).
Alternative Dispute Resolution: Before initiating formal arbitration proceedings, you agree to first attempt to resolve disputes through good faith negotiations by contacting us at [email protected]. We encourage resolution through direct communication and are committed to working constructively with our clients.
Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. Class actions, class arbitrations, and representative actions are prohibited.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
We encourage you to review these Terms periodically to stay informed of any changes. Your continued use of the Service following the posting of changes constitutes acceptance of those changes.
14. Contact Information
If you have any questions about these Terms of Service, please contact us using the following information:
DesignForge Ltd
Address:
125 Bishopsgate
London EC2M 1JY
United Kingdom
Phone:
Email:
Business Hours:
Monday - Friday: 9:00 AM - 6:00 PM (GMT)
For urgent matters outside our business hours, please send an email and we will respond as soon as possible during the next business day.
Related Policies
Please also review our related policies:
- Privacy Policy - How we collect, use, and protect your information
- Cookie Policy - Information about our use of cookies
Questions About These Terms?
We're here to help clarify any aspect of our Terms of Service. Contact our legal team for assistance.
By continuing to use our website, you acknowledge that you have read and understood these Terms of Service.