Terms & Conditions

Welcome to Deer Designer

These terms and conditions outline the rules and regulations for the use of Deer Designer’s Website. This site is controlled and operated by Deer Designer Ltd. (“Deer Designer”) from its offices within the United Kingdom. Deer Designer makes no representation that materials in the website are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United Kingdom are responsible for compliance with all applicable laws.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Deer Designer’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer,acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Deer Designer’s website, you consent to the use of cookies in accordance with Deer Designer’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Deer Designer and/or it’s licensors own the intellectual property rights for all material on Deer Designer. All intellectual property rights are reserved. You may view and/or print pages from https://deerdesigner.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

1. Republish material from https://deerdesigner.com
2. Sell, rent or sub-license material from https://deerdesigner.com
3. Reproduce, duplicate or copy material from https://deerdesigner.com
4. Redistribute content from Deer Designer (unless the content is specifically made for redistribution).

Revisions and data errata

The materials appearing on Deer Designer’s web site could include technical, typographical, or photographic errors. Deer Designer does not warrant that any of the materials on its web site are accurate, complete, or current. Deer Designer may make changes to the materials contained on its web site at any time without notice. Deer Designer does not, however, make any commitment to update the materials.

User Comments

1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Deer Designer does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Deer Designer, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Deer Designer shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. Deer Designer reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
   1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
   2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
   3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
   4. Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
5. You hereby grant to Deer Designer a non-exclusive royalty-free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

1. The following organisations may link to our Website without prior written approval:
   1. Government agencies;
   2. Search engines;
   3. News organizations;
   4. Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
   5. Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
2. These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
3. We may consider and approve in our sole discretion other link requests from the following types of organisations:
   1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
   2. dot.com community sites;
   3. associations or other groups representing charities, including charity giving sites,
   4. online directory distributors;
   5. internet portals;
   6. accounting, law and consulting firms whose primary clients are businesses; and
   7. educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you’re among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected] Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our Website as follows:

1. By use of our corporate name; or
2. By use of the uniform resource locator (Web address) being linked to; or
3. By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Deer Designer’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Deer Designer has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Deer Designer of the site. Use of any such linked website is at the user’s own risk.

Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Fees, refunds and Money Back Guarantee

You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Deer Designer to perform under this Agreement. You further agree that, upon registering for the services through the website, you authorise Deer Designer to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Deer Designer through information provided to you and as authorised through the sign-up and registration process. Your account and access to the services provided via the website will be suspended in the event of non-payment of applicable fees. In that event, you will receive a notification to update your payment details. The system will try to charge your card again and if it doesn’t go through in 10 days, your account will be cancelled and you lose access to all the data, requests and designs. You represent and warrant to Deer Designer that such payment information is accurate and that you are authorised to use the payment instrument. You will promptly update your account information with any changes(for example, a change in your billing address or credit card expiration date) that may occur.

You may cancel your subscription with Deer Designer at any time. When you cancel, your account will be active through the end of your paid billing term. Deer Designer may change its fees from time to time by posting the changes on the website with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees. To cancel, just send an email to ‘[email protected]’ with the subject ‘Cancel Plan’ from your registered email. To avoid rebilling, you should cancel your account at least 2 business days before your next monthly payment.

You may request a refund within the first 14 days of a purchase of any new subscription plan. Beyond the 14-day window there are no refunds for partial subscription plans under any circumstance, including unused time on a plan. Promotions, upgrades, and adjustments to existing plans are non-refundable. You, the client, are responsible to use Deer Designer after payment.

To be eligible for a refund you must have:

1. Sent at least 2 requests and
2. Have provided feedback/revisions to all requests you sent in.

Without those two things, we won’t be able to issue a refund as this will be classified as abusing the service.

If you signed up by mistake, you can request a refund within 24 hours of signing up. We will issue a refund of the amount paid minus the processor’s fee (Stripe).

If your account is cancelled or moved to the Pause Plan, any referral voucher/credit will be cancelled as the credits can only be added to active accounts.

Ownership, trademarks & provided assets

You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Deer Designer that all materials provided do not infringe on the intellectual property rights of third parties.

You agree to indemnify, defend, and hold harmless Deer Designer and its affiliates, officers, members, managers, agents,successors and assigns (the “Indemnified Parties”) from and against all claims,demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the website, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Don’t abuse our services

Our services offer support for the sensible use of an average non-creative based small business. When you sign up, we match your account with one of our designers that will work on your design requests on a daily basis. The scope of the work that can be requested can be found here.

We don’t replace a full-time graphic designer (or agency) by any means. Should we decide that you are not in line with our model, core values or are abusing our services or team in any way, including using our services for illegal or adult/pornographic material, we reserve the right to terminate your account. Your right to use the Deer Designer services shall terminate upon your breach of any term of this Agreement.

Your designer works on your designs in order of submission (unless a different priority is requested). As long as there are tickets in your design queue, your designer will work on them on a daily basis. Our designers, project managers and QAs work on a flexible schedule all over the world and we work with 1-business day rounds. We aim to deliver the first draft for each request in around 1 business day from requested. Some tasks might take longer depending on the complexity. Requests and revisions received after 12pm BST, during the weekend or on a UK bank holiday will get picked up on the next business day.

All of our communication happens either via email or via our website. That means you won’t be able to do skype calls with your designer.

Our services are not suited for urgent requests and we’re not supposed to replace a full-time designer. If that’s your need, feel free to find an alternative.

Output files

While we do our best to minimise any mistakes, due to the nature of creative design we cannot guarantee all files delivered will be 100% error free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Deer Designer is not responsible or liable for any losses or expenses incurred from errors or omissions.

Sample work

By default, you agree to provide Deer Designer with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to [email protected]

Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorised on your account and will not share any information provided with anyone outside our organisation, subject to our Privacy Policy.

Work and delivery output

While we can accept daily requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests. As long as you have a design request in your design queue, your designer will work on it daily and give you daily updates.

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.

User requests, 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.

All our communication (including design requests, inquiries, help or other) is made via either email or a form on the website (deerdesigner.com). Our system was designed to work with everything logged in order to mitigate any problems and misunderstanding with the requests, so nothing gets lost in translation. Therefore, you won’t be able to call our designers, everything has to go through email or website form.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, 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 libellous 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.

Personal Information

Your submission of personal information through the website is governed by our Privacy Policy. Check our Privacy Policy here.

Review the “Frequently Asked Questions” area

You agree that you’ve reviewed and understood the frequently asked questions on our site.

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.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales, UK.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at 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.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and else wherein this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

DeerDesigner is located at:

320d High Road
Benfleet, Essex, SS7 5HB, United Kingdom