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Terms & Conditions

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NON SUBSCRIPTION DESIGN (Subscription design below) 

 

This website is operated by Koh Designs.co.uk. Throughout the site, the terms “we”, “us” and “our” refer to Koh Designs.co.uk. Koh Designs.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Koh Designs.co.uk, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Koh Designs.co.uk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via email at hello@kohdesigns.co.uk.

SUBSCRIPTIONS: 

Our Terms of Use (Agreement) explain the terms under which you agree to use the website located at https://designsunlimited.io/ (Site). By using this Site, you agree that you have read and understand this Agreement, and that you accept and agree to be bound by its terms. By accessing the site, viewing any content, or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. Please read these terms carefully before using the services.

 

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF KOH DESIGNS LTD SERVICES (“SERVICES”). BY USING THE KOH DESIGNS LTD SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT KOH DESIGNS LTD ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE THE SERVICES.

 

1. How Our Services Work

Koh Designs LTD offers fix-priced graphic design services. We are an online service that enables users (Customers) to subscribe to an unlimited (5) graphic design service for a fixed monthly-recurring Fee; enabling qualifying graphic design tasks (Tasks) to be completed.

A qualifying Task might be to re-size an image to a specified number of pixels across, while preserving its aspect ratio, or to create a new image based on a number of Customers supplied visual assets and text.

The Koh Designs LTD services work as follows:

i). The customer subscribes to the monthly fix-priced subscription service

ii). Customer completes a Design Request Task (2a), one at a time

iii) Koh Designs LTD completes and delivers the Task

iv) Customer Accepts Design Request Task Delivery

v) Monthly fix-priced subscription service customers may request multiple new Task which will be processed in turn depending on the package chosen.

 

Koh Designs LTD reserves the right to reject a Task at any time.

 

2. Task

(A) Required Information. Each Design Request Task should consist of a detailed description of the Task (by completing our online design request form and supplies all electronic files, if any, required to complete the Task (together, User Content).

(B) Representation Regarding Right to Submit. By submitting a Task to Koh Designs LTD, a Customer represents that Customer owns the User Content or otherwise has the right to submit User Content to us, and Customer’s use of the User Content does not violate any third party intellectual property or other rights.

(C) Ownership of User Content. The customer maintains the ownership rights in any User Content that such Customer submits to the Site.

(D) Grant of Limited Rights to Koh Designs LTD. By submitting a Task to Koh Designs LTD, the Customer gives us the rights to User Content solely to the extent necessary to complete the task.

(E) Grant of Limited Rights to Us. Each Customer authorises us to retain archival copies of all User Content that such Customer has submitted and to use such User Content in connection with the Site and our business, including for promoting the Site in any media format and through any media channel.

 

 3. Delivery & Payment

Delivery to Customer; Turnaround Time. When a Task is requested, Koh Designs LTD will deliver the task as quickly as possible. The turnaround time will depend upon the number of requests and their complexity. Each Revision request will operate under the same process.

Delivery to Customer; Acceptance. When a Task is complete, the Customer who submitted it will receive an email from us with the contents of the Delivery available via one or more download links. A Task is considered “accepted” by the Customer (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 72 hours after notification of the Delivery.

Delivery to Customer; Files. When a Task is Accepted, Koh Designs LTD will deliver all requested files. Koh Designs LTD is not under any obligation to provide a Customer any files that are “unlayered”, “editable” or otherwise allow the Customer to make any changes. Koh Designs LTD will retain archival copies of all Delivery Files that Koh Designs LTD has created and will retain the right to use such Delivery Files in connection with the Site and our business, including for promoting the Site in any media format and through any media channel. Original Adobe files that we create can be made available to the customer for their own use.

Misstep: If a Customer is Not Satisfied with the Delivery.

If a Customer is not satisfied with the delivery, the Customer may decline the Delivery and submit a revision request to Koh Designs LTD. Koh Designs LTD will attempt to make modifications to make the Delivery fit Customer’s reasonable expectations. Koh Designs LTD will resubmit the revised Delivery within 1 to 3 business days. A revised Delivery that is not declined by Customer within 72 hours after being resubmitted will be considered accepted by the Customer.

(A) If Koh Designs LTD determines that either (1) Customer’s demands with respect to Delivery are not reasonable given the original Task specification, (2) Customer is being actively malicious, or (3) Customer has not provided enough guidance, direction, or instruction to Koh Designs LTD resulting in the need for multiple edits, the Customer will be deemed to have accepted the Delivery.

Payment

Your Koh Designs LTD subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Koh Designs LTD service. We will bill the monthly subscription fee using the payment method used when signing up unless updated or changed by you. 

 

 4. Our Rights

(i) Our Intellectual Property. We retain all rights to intellectual property underlying the Site.

(ii) User Content Review. We reserve the right to review any User Content, and to investigate any disputes related to the Site.

(iii) Backup; No Liability. Maintaining safe and secure Customers is a top priority for us and we intend to back up and safeguard User Content posted to our Site using reasonable commercial efforts. However, we do not guarantee that there will not be a loss of any User Content, and we will not be liable in the event of such loss of User Content.

(iv) Discretionary Right to Suspend or Terminate Account. We reserve the right to suspend or terminate the account of any Customer at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.

(v) Right to Assume Our Defence. If you are required to indemnify us from any claim or loss, we reserve the right, at your expense, to assume the exclusive defense and control of such matter. We will use reasonable efforts to notify you of any such indemnifiable claim or loss upon becoming aware of it.

(vi) Disclaimer. Except where prohibited by law, the Site is provided as-is and as available and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; (D) reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

(vii) Limitation of Liability. Our liability to you will be limited as set forth in Section 4 of this Agreement.

5. Unlimited And Fair Use Policy

The term “unlimited” is subject to a Fair Use clause. The definition of Fair Use is determined by Koh Designs LTD management, at its sole and exclusive discretion. Customers deemed to be abusing the Koh Designs LTD service will be contacted by the Koh Designs LTD management. Koh Designs LTD management retains the sole and absolute discretion to suspend service to you if we deem necessary.

 

6. Termination & Cancellation

Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service, or if you feel in any way that you are not getting value for money. We always welcome feedback on how we can serve you better. 

Your Koh Designs LTD subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Koh Designs LTD service. We will bill the monthly subscription fee using the payment method used when signing up unless updated or changed by you. You must cancel your membership before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method

With the exception of our 14-day money-back guarantee, monthly subscriptions are not refundable. 

If we are unable to collect a subscription payment using your Payment Method, we will suspend your account until payment is received. If we do not receive a payment within 28-days of a failure to collect we reserve the right to consider the account as having been terminated.

If you wish to terminate your Koh Designs LTD account, you must contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Koh Designs LTD may terminate or suspend any and all Services and/or your Koh Designs LTD account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will cease on the expiry of the prevailing billing month.

 

7. Copyright Infringement

Posting User Content that violates any copyright or other intellectual property rights is in express violation of this Agreement. If you believe your copyrighted work was submitted by a Customer to us without authorisation, you may submit a DCMA takedown notice to us at designs@designsunlimited.io. Only the copyright owner, or an agent authorised to act on the owner’s behalf, may submit such a notice.

 

8. Limitation of Liability

In no event will we be liable to you or any third party for any lost profit or any damages arising from or relating to this Agreement. Your use of the Site is at your own discretion and risk. Further, Koh Designs LTD shall not be liable for any indirect, special or consequential damages, loss of profits, economical loss, loss of goodwill or loss of anticipated savings or loss of data including any data stored on or accessible through a Website. The total aggregate liability of Koh Designs LTD in respect of any and all causes of action arising out of or in connection with the customer’s order and Koh Designs LTD performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of this agreement) be limited to the sums paid to Koh Designs LTD Ltd by the customer in respect of the monthly subscription pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.

 

9. Law

These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between the printing.com reseller and the customer into which these terms are incorporated.

 

 

Definitions

Accepted with respect to Delivery means, as applicable, either (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 72 hours after notification of the Delivery.

Business day means a day that is not a Saturday, a Sunday, or a public holiday in the UK and is 24 hours long.

Customer means a user of the Site with rights to submit Design Request Tasks.

Delivery means the completed design for a Task.

Fee means the Fee applicable to the type of Task. Pricing is subject to change.

User Content means information submitted by a Customer as part of a Task including (A) a detailed description of the Task and (B) electronic files, if any, required to complete the Task.

Site means www.kohdesigns.co.uk. Koh Designs LTD is a trading name of Koh Designs LTD

Design Task means a qualifying design project, which can be completed by Koh Designs LTD; typically, within 30 minutes. More complex design requests or multiple design requested can be placed but this may affect turnaround times.

You means Customers