As used herein, "FirstDesignCrew", "we", "us", "our", and "ours" refers to FirstDesignCrew.com., together with its affiliates, d/b/a FirstDesignCrew. "Customer", "you", "your", and "yours" refers to the customer accessing this Site and purchasing and using the Services together with any company or other business entity you are representing, if any.
We reserve the right to make changes to the Site, the Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by us, your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance our Service offerings will be subject to this Agreement.
a. Design Services, Process & Project
FirstDesignCrew custom design service (the "Service") provides businesses (each, a "Client") the option to use a system to post specific assignments and project descriptions (each, a "Project"), including illustrative samples or other media (each, a "Creative Brief"), provide additional direction during the design process (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by us. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs (the "Final Product").
FirstDesignCrew does not have a duty to and does not generally screen or edit content, but we reserve the right to refuse Service, monitor or to remove, without notice, any content for projects which, in our sole discretion, are deemed illegal, misleading, or obscene, or are otherwise in breach of these TOU.
c. Ownership Rights of Artwork.
i. Subject to your compliance with these TOU, you shall own the Final Product. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and we expressly reserve all right, title and interest in and to the same. We retain the rights to all artwork concepts and other content not selected by you.
ii. You acknowledge that your ownership rights under this agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this agreement. d. Your Finalized Design Work
We do not guarantee that your logo will not have similarities to those designed by us for our other customers. Apart from your logo as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo and we reserve the right to use one or more of the design elements in other projects for other customers.
e. Trademark, Service Mark & Copyright Clearance
You hereby acknowledge that FirstDesignCrew shall have no obligation or duty to perform trademark, service mark or copyright clearance searches, inquiries, or the like, in order to validate the propriety or legality of the Final Product. Moreover, you acknowledge that FirstDesignCrew shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection, including, without limitation, trademark or copyright registration, for the Final Product, nor shall FirstDesignCrew be responsible for assisting you in any way in your attempt to perfect your rights in or to the Final Product. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo is legally available for your use and/or infringes the rights of any third party. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product.
f. Domain, Hosting & Email Accounts
i. 1 year domain registration and hosting service will be provided for free with website packages, where applicable. We provide a shared server to host all websites. Clients with peculiar database requirements are advised to purchase a dedicated hosting plan from any third party service vendor. ii. All the email accounts provided with website packages can be configured on third party email softwares such as outlook. Each email account will have up to 10MB of space. Email accounts are only offered, If you are availing the hosting service with your website from us.
g. Collected information, its privacy, usage & security
i. FirstDesignCrew is committed in providing you a complete safety of your personal information. We require information that helps us in creating your order. While we aim to make your experience as secure as possible, electronic transmission cannot be fool proof in an absolution. Therefore, we do not pledge 100% protection.
ii. FirstDesignCrew takes profile information only for the purpose of account creation, profiling and communication. The information can also be used for email alerts, updates, promotional offers and notification depending upon the consent of the customer. Our design consultants may contact via email, phone or chat for any possible concerns related to payments, new services, discount offers & projects. Your reviews may be posted with your consent along with your complete name. We keep records of certain information to help improve our company presence & service experience.
iii. FirstDesignCrew utilizes a secure transaction server to complete your online payment transactions with precision. We use internationally accepted measures to ensure complete safety of your information. The details that you share are protected by the Secure Socket Layer (SSL). Through the secure payment interface the information is acquired only to be used for order transactions.
FirstDesignCrew adheres to strict confidentiality of its clients. The details that you share with us are not disclosed or distributed to any 3rd party vendors. There are no circumstances under which we sell personal information for commercial purposes or for research. We do use 3rd party softwares to enhance our customer services & to manage your information.
However, these entities are authorized to administer your details which you submit on our website only to support our operations. FirstDesignCrew may include redirection to other websites from its own. However, their practices, norms & handling of your information may differ depending on the policies which they adhere. It is recommended that you thoroughly review the terms of any website that you visit.
j. Unlimited Concepts
Packages that offer unlimited logo design concepts are based on fair usage policy of up to 30 logo design concepts. The initial set comprises of 15 different logo concepts and later sets will consist of 4 logos per feedback. Upon discontentment you would be required to brief more input concerning your likes and dislikes so as to enhance the quality of the following set.
k. Satisfaction Guarantee
i. All design work goes through strict quality checks before delivery.
ii. FirstDesignCrew offers Unlimited Revisions, we guarantee that you can request as many design changes as you want until you are fully 100% satisfied without any additional charges provided that the selection of design samples remains the same.
a. Materials Provided by You.
i. In connection with your use of the Site and the purchase of Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information ("User Content"). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.
ii. You warrant and represent that you have all necessary right to provide User Content and that User Content shall not and does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license (including moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our Site and Services.
iii. You acknowledge and hereby grant to FirstDesignCrew a royalty-free, irrevocable, non-exclusive, perpetual, worldwide right (including any moral rights) to use User Content, Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Service in any form, media, or technology now known or later developed.
iv. You agree to back-up all of your User Content s o that you can access and use it when needed. FirstDesignCrew does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold FirstDesignCrew and its subsidiaries and affiliates and its and their officers, directors, employees
v. Revision cycles consist of additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. For logo design packages the revision cycles are constrained only to the selection you make from the initial samples. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; we reserve the right to charge additional fees for each such Revision. No revision work, which requires payment, will be started without your authorization.
iv. You agree to provide timely responses to any status notifications that we send to you. You shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to respond, FirstDesignCrew will assume that your project is complete and the project shall be deemed completed. At such time, FirstDesignCrew will have no further obligation to you, and you will pay us pursuant to the provisions of this agreement. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice.
c. Your Account, Password and Security.
i. In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information ("Your Account"). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or services.
ii. You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. FirstDesignCrew will not be liable for any loss or damage arising from your failure to comply with this section. iii. Correspondence must be made through the account area as an obligation. Failure to communicate via account will give you insufficient justification to claim a refund. You may contact our customer support for any confusions or concerns related to the account area utility.
It is obligatory for you to post your feedback only as a reply to the message thread created in your account area so as to keep the correspondence in one track. Opening up a new message thread, posting comments or emailing your feedback will cause mis-communication. FirstDesignCrew shall not at all be responsible for any inconvenience, delays & mishaps caused due to these actions.
d. Fees and Payments
i. You agree to pay any and all fees and payments due for Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
ii. Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. FirstDesignCrew will not be liable to you or any third party regarding these Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement otherwise you waive any right to dispute any such discrepancy.
iii. If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. iv. If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that we may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any Services registered or renewed on your behalf.
iv. If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service.
v. You agree that the payment plan facility is only for packages with website services & varies strongly relying on the case. For all other packages you are obliged to pay the complete amount up front. You must provide significant proof to qualify for the payment plan. You acknowledge that in case of order cancellation, the initial payment made upfront shall not be refundable.
e. Additional Charges
You agree to that the following may subject to additional charges:
i. Opting for a rush delivery of samples
ii. Requiring additional design concepts other than the finalized artwork
iii. Requesting changes after artwork finalization or project completion
iv. Deviation in scope of work from the initially submitted brief
v. Third party integration & complex database development
f.Delivery of Final Product
All final files will be delivered through the account area within 24 to 48 hours of order confirmation. To enhance the quality of logos, FirstDesignCrew offers its artwork in CMYK color tones which adds more depth to the precisions. The formats we deliver are print ready, web ready, customizable & stretchable. As a final product for logos and print items, we deliver complete vector formats along with color codes and font files. For website & social media, we provide complete source files along with high resolution images. For videos, we share the standard formats (mp4, mov, flv, etc.). However, we also cater to customers with specific format requirements. For SEO, you get a comprehensive weekly report highlighting your search engine rankings. FirstDesignCrew keeps a record of all delivered final files and can provide them upon request at a later point in time.
i. You acknowledge that the urgent delivery is only for the initial set of samples. Revisions will be delivered as per the standard turnaround time of 48 to 72 hours depending upon the complexity of the requested changes unless a rush delivery is requested for the revision as well. ii. The standard turnaround time for delivery is 48 to 72 hours. However, this may vary for illustration designs, video animation, 3D designs, website development & certain print items depending upon the complexity of the requested changes.
The final product delivery does not apply to SEO services.
g. Content Management System
You agree that once the login details are handed over to you for the content management system upon project finalization, FirstDesignCrew will not be accountable for any changes or errors to your website & will not provide any technical support.
Whether, it is social media, your own website, review based websites, online forums or community, You agree that you will not defame FirstDesignCrew on any grounds. All matters in case of discomfort with the company or its services shall be notified immediately to the customer service department.
i. Conflict Resolution
You acknowledge that FirstDesignCrew shall not be liable to resolve any issues or conflicts reported on third party websites other than the ones documented through the account area.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or services constitute intellectual property owned by FirstDesignCrew and its affiliates and/or licensors (the "Content"). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an "AS IS" basis without warranty of any kind.
a. Service Cancellation
FirstDesignCrew reserves the right to immediately terminate the Service for reasonable cause, including but limited to (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement; (iv) requests by law enforcement or other government agencies; (v) we cease to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) we conclude in our sole discretion that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.
Your information will be retained by FirstDesignCrew until order completion or cancellation so as to offer you services, maintain compliance to our legal responsibilities, solve any disputes & to enforce our agreed terms.
“First Design Crew” allows you to have your money back within 30 days of order placement & reserves the right to terminate this, at any time, with or without notice depending upon the scenario. This offer strictly implies that the refund is asked upon viewing the initial samples only, requesting for revisions on the initial design work shall be regarded as a continuation of the project & will make this guarantee annulled. We totally rely on customer's prompt feedback during the design process to complete the task effectively and therefore hope that the customer gives a proper feedback in order to get the desired results.
I. We won't entertain or refund any orders if the client stays non-responsive for 45 Days however, client can send us an email to hold the project if there is some personal issue.
II. In case the client wants to forfeit the website portion of the package after 30days, refund won't be applicable; though we can hold the project in such case and the client can come later and get the project started again.
III. Furthermore, customer shall forfeit the right to the refund outlined above if customer request additional revisions (1 or more design changes regardless of the complexity) or modifications to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from "First Design Crew ".
IV. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.
V. In case of finalizing one part of the order the customer won't be eligible for a refund for the rest of the remaining package.
VI. 24-hour design fees and 24-hour rush changes are non-refundable.
VII. No refund is available for design firms or for those who order our design services on behalf of another entity. If an order cancellation request is posted prior to the delivery of initial concepts, you are eligible for a refund. In case of a duplicate charge, the 100% amount will be returned. If design requirements are not fulfilled, committed at the time of sale or the designs are not delivered in accordance with the delivery policy, though a proof is required for such commitment, refund can be claimed. You agree that for bundle packages (for e.g. Logo, Stationary, Website, Social Media and Brochure) refund will be as per the services availed. If there is any discontinuation with certain service included in the bundle package, then the refund must be claimed before the initiation of that service.
Note - All refund requests should be properly documented & must be communicated through the account area along with the reason for dissatisfaction. You agree to a 10% processing fee deduction from the order amount when the refund is processed. Refunds are issued within 8 to 10 business days from the day that the cancellation was requested. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same. All sections of this Agreement which, by their nature, shall survive termination, shall survive including payment, indemnity and the disclaimers of warranty and limitations of liability.
*” The following terms and conditions are applicable on all the services purchased by the client and provided by “First Design Crew” *.
The Service, including all logos, prints, websites, SEO, videos, social media and complete branding, are provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FirstDesignCrew makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, or Responses) that are communicated through, or posted to, the Service, nor does FirstDesignCrew endorse any opinions expressed by any user of the Site. Without limiting the foregoing, FirstDesignCrew makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these TOU. You acknowledge that any reliance on information or other material, including, without limitation, any information related to your project, communicated through the Service, or posted to the Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. FirstDesignCrew shall not be responsible for any use of photos that are not royalty free. It is the Customer's responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by FirstDesignCrew.
FirstDesignCrew is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Content. FirstDesignCrew and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site or the Services, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site; any viruses, worms, bugs or the like which may be transmitted to or from the Site; (vi) any User Content or conduct that violates this Agreement; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by FirstDesignCrew, even if advised of the possibility of such damages.
FirstDesignCrew's liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair or adjustment of the Service, or (ii) where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of FirstDesignCrew its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the service actually paid to FirstDesignCrew. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases FirstDesignCrew's aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.
FirstDesignCrew is not responsible for the way content is being used or is not being used by any party. The website may contain links to third – party websites or other services known as "The Linked Content"; the linked content is not the responsibility of FirstDesignCrew to be handled or changed or be used in any way. The service and the responses are provided "as is." First Design Crew". Makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the web site, including any part thereof, or any website or other content or service that may be accessed directly or indirectly through the website, including any term sheet, response, user identity or linked content.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
You shall indemnify, defend and hold FirstDesignCrew, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any Service ordered via the Site including but not limited to your violation of the Agreements or policies found on the Site or infringement of any third party proprietary rights by you.
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of California without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or services offered via the Site will be brought in the state or federal courts located in California. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
FirstDesignCrew shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of nature, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.
FirstDesignCrew will provide you with free phone support and support via live chat for issues relating to your use of the Site or to your design project. You may contact our support services by dialing (650) 563-8609 daily, between 9:00 am and 5:00 pm EST, or emailing us at [email protected]. Our mailing address is FirstDesignCrew, Plug & Play Tech Center, 440 North Wolfe Road, Sunnyvale, CA 94085-3869.
"If a project is on hold for more than 2 weeks from the client's end the project will be archived and there will be a reactivation fee to re-initiate the project."