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, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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:
- Republish material from https://deerdesigner.com
- Sell, rent or sub-license material from https://deerdesigner.com
- Reproduce, duplicate or copy material from https://deerdesigner.com
- Redistribute content from Deer Designer (unless the content is specifically made for redistribution).
Revisions and data errata
User Comments
- This Agreement shall begin on the date hereof.
- 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.
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. - You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- 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
- The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- 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
- Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
- 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.
- We may consider and approve in our sole discretion other link requests from the following types of organisations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- 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:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- 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
Reservation of Rights
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
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 authorize 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 authorized 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, your account might be cancelled and you will 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 authorized to use the payment instrument. You will promptly update your account information with any changes (e.g.: changes 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 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. From time to time, we may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. 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 sent at least 2 requests with clear direction;
- Have provided actionable feedback/revisions to the requests you sent in during the design process.
Without those two things, we won’t issue any refunds as this will be classified as an abuse of the service.
If you signed up by mistake, you can request a refund within 24 hours of signing up. In this case, or if you haven’t followed the two requirements above or if you cancel before 7 days 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. Refunds only apply to new customers. Former clients that used the service in the past are not entitled to refunds as they’ve already tried the service before.
Delinquent subscriptions
In the event of a delinquent subscription, which occurs when a payment fails to be processed successfully, Deer Designer will make three attempts to charge the card associated with the account. Throughout this period, the subscription will be placed on hold, and no new design work will be initiated until payment is successfully received.
During the delinquency period, the responsibility for any elapsed time without active payment rests solely with the client. During a delinquent subscription period, the design team allocated to the client is unable to be assigned to other clients, as their expertise and resources are reserved specifically for the delinquent client. This means that while the payment issue remains unresolved, the design team remains unavailable to take on new projects or assignments from other clients.
As a result, any time lost during the delinquency, where the design team is unable to work on new designs for the delinquent client, cannot be allocated, extended to other projects or compensated. The time spent on standby, waiting for payment to be resolved, represents a dedicated allocation of resources to the delinquent client, even though active design work is not being carried out during this period.
Once payment is successfully processed, the design team will resume their services, and the subscription will be reactivated. Deer Designer will make reasonable efforts to notify the client of the delinquent status and provide instructions to update payment information.
It is the client’s responsibility to ensure that the payment information on file is accurate and up-to-date to avoid any interruptions in the design service. In case of any changes to the payment instrument or billing information, the client must promptly update their account to prevent potential disruptions to the design services provided by Deer Designer.
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.
Pause and Cancellation
Sometimes you might not have the need for design work for a while. We get it! When that happens, you can pause your account and we will store everything for you until you decide to reactivate your account. To pause your account, use the Pause button in the dashboard, follow the instructions and it’ll all be taken care of for you.
To avoid rebilling, you should request to pause at least 2 business days before your next monthly payment. While you’re on Pause you have access to all your design files, the dashboard (to check the tickets) but you’re not able to send in new design requests or get revisions back. You’re only able to do that while your account is active. Your subscription will remain active and your design team available to you until the end of the current billing period after requesting to pause the subscription. Any ongoing discounts to your subscription won’t return when you reactivate it.
You can pause your account for free for up to 6 months. If your account stays inactive after that time, it will automatically be cancelled and you’ll no longer have access to your designs, tickets, or messages.
To Cancel your account, use the Cancel button in the dashboard, follow the instructions and it’ll all be taken care of for you. When you cancel your account you lose access to all the data, design files and ticket history. If you need access to your files, Pause your account instead. To avoid rebilling, you should request cancellation at least 2 business days before your next monthly payment.
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 request queue, your designer will work on them on a daily basis. Our designers, account managers and quality analysts work on a flexible schedule all over the world and within 1-business day rounds. We aim to deliver the first draft for each request and/or revision in 1 or 2 business days from when you requested according to your purchased plan. Some tasks can take longer depending on the complexity of the request. Requests and revisions received after 11am BST, during the weekend or on a bank holiday will get picked up on the next business day.
All of our communication happens either via email or logged into the website. Video/Voice calls (e.g.: zoom, skype) are not included in our services. Deer Designer is also 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 and delivery
While we do our best to minimize 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.
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 every business day and will give you daily updates.
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. 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 with those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.
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
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- 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 rights. 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 "FAQ" area
When signing up and using the service, you agree that you’ve reviewed and understood the frequently asked questions (FAQ) on our site.
Entire agreement
Governing Law
These Terms of Service and any separate agreements whereby we provide you our 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:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- 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.
Deer Designer is located at:
320d High Road, Benfleet, Essex, SS7 5HB, United Kingdom