Welcome to Craftvision Ltd!
These terms and conditions outline the rules and regulations for the use of Craftvision Ltd Website, located at https://craftvision.agency. By accessing this website, we assume you accept these terms and conditions. Do not continue to use Craftvision Ltd (https://craftvision.agency) if you do not agree to take all of the terms and conditions stated on this page.
Introduction
Craftvision Ltd (company no. 15130973) ("The Company", "Ourselves", "We", "Our", and "Us") is an independent, creative design company registered in the United Kingdom whose work includes web design, graphic design, UX audits, SAAS design, competitors analysis, user interface design, brand identity, corporate identity, developing creative concepts, landing page design, web and mobile app design, brand guides, infographics, flyers, banner ads, business cards, menu design, branding, and other services related to the design of its client’s ("Client", "You", and "Your") goods, services, brands and/or identity.
In the event of failure to agree to and comply with all the terms, conditions, and obligations delineated herein, the “Client” is expressly prohibited from utilising the Website, and the “Client” is hereby directed to cease its use promptly. After such cessation, the relationship between the “Client” and Craftvision Ltd shall be terminated and rendered null and void, save for any outstanding obligation of the “Client” to remunerate Craftvision Ltd for services rendered, which shall persist as an ongoing obligation.We agree to serve as your consultant upon the following terms and conditions (“Terms”). Placing of business through “Us” constitutes an acceptance of these Terms, subject to any amendments expressly agreed in writing.
Intellectual Property Rights
At Craftvision, we value intellectual property rights and strive to uphold the highest standards of integrity and respect for creative work. The following section outlines our policies regarding intellectual property rights:
Ownership:
Unless otherwise agreed upon in writing, all intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, developed or created by “Us” during the course of providing services shall remain the exclusive property of “The Company”.All design and source files created on the “Client” behalf (“Projects”) belong to “Client”, and “Client” shall be the sole owner of the copyright for all Projects. If any operation of law would cause “Us” to become the owner of a Project, in whole or in part, rather than the “Client”, Craftvision irrevocably and perpetually assigns its entire interest in the Project to “Client”, without limitation. The “Client” warrants that any materials provided to “The Company” as examples or as material to be incorporated into a project during the design process are owned by the “Client” and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. “The Company” always reserves the right to share the Client's design work publicly.
Client Materials:
Any materials provided by the “Client” for the purpose of project completion, including logos, branding assets, and content, shall remain the property of the “Client” or its respective owners.
License:
Upon full and final payment for services rendered, Craftvision grants the client a non-exclusive, perpetual, and worldwide license to use the final deliverables provided as part of the project, solely for the client's internal business purposes.
Usage Restrictions:
The client agrees not to modify, distribute, sublicense, or resell any deliverables provided by “The Company” without prior written consent. The “Client” also agrees not to use the deliverables in any manner that may infringe upon the intellectual property rights of third parties.
Third-Party Materials:
“The Company” may incorporate third-party materials, such as stock images, fonts, or software, into the final deliverables. Any third-party materials used shall be subject to the terms and conditions of their respective licenses.
Indemnification:
The “Client” agrees to indemnify and hold harmless “The Company” from any claims, damages, or liabilities arising out of the client's unauthorised use or modification of the deliverables.
Confidentiality:
“The Company” agrees to maintain the confidentiality of any proprietary information or trade secrets disclosed by the “Client” during the course of the project.By engaging “Us” for services, the client acknowledges and agrees to abide by the terms outlined in this section on Intellectual Property Rights. These terms are subject to change and may be updated from time to time at the discretion of “The Company”.
Third-Party Fonts
In cases where a Project utilises fonts not owned by “US” and necessitates a commercial license for the “Client” to lawfully reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Craftvision ltd will provide written notification to the “Client”. This notification will expressly indicate the incorporation of one or more Third-Party Fonts into the Project and advise the “Client” to procure one or more licenses for the Third-Party Fonts from the respective rights-holders to ensure legal usage.The notice will include comprehensive information enabling the “Client” to identify the required licenses and contact the relevant parties for license acquisition. In the event that Craftvision ltd has duly informed the “Client” regarding the incorporation of Third-Party Fonts as described above, the “Client” bears full responsibility for any consequences arising from failure to obtain one or more licenses for any Third-Party Fonts integrated into a Project.
Client Representations and Warranties
By accessing the Website, the Client hereby affirms and assures that:
- The “Client” possesses the legal capacity and is committed to adhering to these Terms of Use.
- The “Client” is of legal age and not considered a minor in their jurisdiction of residence.
- The “Client” will refrain from accessing the Website through automated or non-human methods.
- The “Client” will not utilise the Website for any unlawful or unauthorized purposes.
- The Client's utilisation of the Website will not contravene any applicable laws or regulations.
Restricted Activities
“Client” agrees to use the Website solely for its intended purpose as provided by “The Company”. The following activities are strictly prohibited:
- Unauthorised use of the Website.
- Extraction of data or content to compile databases or directories.
- Disabling or tampering with security features.
- Unauthorised framing or linking of the Website.
- Deceptive practices against Craftvision or other users.
- Disruption or undue burden on the Website or Craftvision networks.
- Competitive use of the Website against Craftvision.
- Reverse engineering or tampering with the Website's software.
- Circumvention of measures to restrict access.Harassment of “The Company” employees or agents.
- Removal of copyright or other rights notices.
- Transmission of viruses or malicious software.
- Use of the Website for unlawful activities.
- Any action that may harm “The Company” reputation.
- Violation of applicable laws, statutes, or regulations.
Ownership of Client Feedback
“Client” acknowledges that any questions, comments, suggestions, or other feedback or submission ("Submission") provided to Craftvision becomes the sole property of Craftvision. Craftvision is not obligated to maintain the confidentiality of any Submission, and “Client” relinquishes any expectation of confidentiality. Craftvision shall have sole and unrestricted ownership of all rights related to the Submission. Craftvision reserves the right to use and distribute a Submission for any lawful purpose without Client's permission, acknowledgment, or compensation. “Client” affirms its right to provide the Submission and waives any claims against Craftvision for its use of the Submission, both presently and in its sole discretion thereafter.
Requests
For substantial requests, such as a full website redesign or similar extensive projects, our completion timeframe may extend beyond the standard 2 days. We reserve the right to allocate the necessary time for such tasks. Suggested 48-hour deliverables apply only to smaller task requests, such as a landing page, product page, or other smaller tasks.
User Testing and Candidates
By engaging with our design agency, herein referred to as "Us", the Client acknowledges and agrees to the utilisation of candidates sourced from a third-party entity to fulfil specified project requirements. It is understood that while these candidates are selected based on the criteria provided by the Client, We cannot guarantee absolute accuracy or representation of the Client's customer base. The pricing structure for the Add-on service encompasses the facilitation of one to five distinct usability tests or surveys, involving a maximum of 50 candidates. The Client retains the prerogative to share these tests or surveys with any relevant parties. However, it is emphasised that only "The Company" can analyse and share the results with the Client. "The Company" commits to delivering both the raw data resulting from the tests and a user-friendly report containing all findings.
By availing themselves of these services, the Client agrees to abide by the terms set forth herein and understands the parameters of engagement between the Provider and third-party candidates.
Website Oversight
“The Company” retains the authority to monitor the Website for violations of these Terms of Use and to initiate legal action as warranted by such violations or any applicable law, statute, or regulation. Additionally, “The Company” reserves the right to limit or revoke access to the Website or disable “Client” usage, at its sole discretion, without prior notice or liability to the “Client”. All determinations concerning the management of the Website are within the exclusive discretion of Craftvision and are intended to safeguard Craftvision rights and assets.
Returns and Refunds Policy
Craftvision Ltd retains the discretion to decline refunds without prior notice or liability to the “Client”. Refund requests are evaluated on an individual basis. If a Client seeks a refund within the initial month of use, all materials generated by Craftvision Ltd remain the property of the company and may not be utilised by the “Client” under any circumstances.If a refund is considered to be appropriate, Craftvision Ltd also requires a fee of 30% as compensation for the time expended in creating designs/materials. This fee is non-refundable. The Client acknowledges and agrees to comply with this fee as a legal obligation upon engaging the services of Craftvision Ltd.
Website Modification
Craftvision Ltd reserves the prerogative to alter, modify, amend, or remove any content on the Website at its sole discretion and for any reason. Craftvision Ltd also reserves the right to modify or discontinue all or part of the Website without prior notice and without any liability to the “Client”.
Website Interruptions
Craftvision Ltd does not guarantee or warrant that the Website will be continuously available and accessible. Interruptions, delays, or errors may occur due to issues with hardware, software, or other factors beyond Craftvision Ltd's control. The “Client” acknowledges and agrees that Craftvision Ltd shall not be held liable for any loss, damage, or inconvenience resulting from the Client's inability to access or use the Website during any interruption in the connection or service.
Disclaimer
The Website is provided on an as-is, as-available basis, and users acknowledge that their use of the Website and Services is solely at their own risk. Craftvision Ltd disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Craftvision Ltd does not guarantee the accuracy or completeness of the Website content or any linked websites, and assumes no liability for errors, inaccuracies, or damages of any nature. This includes unauthorized access to secure servers, interruptions in transmission, or any malicious software transmitted through the Website. Craftvision Ltd does not endorse or assume responsibility for any products or services advertised by third parties on or through the Website.
Limitations of Liability and Indemnification
Craftvision Ltd, its directors, employees, members, independent contractors, or agents shall not be liable to “Client” or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, or other losses arising from Client’s use of the Website.“Client” agrees to defend, indemnify, and hold harmless Craftvision Ltd, its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Website;
(2) breach of these Terms of Use;
(3) any breach of Client’s representations and warranties set forth herein;
(4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights.
Craftvision Ltd reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Craftvision Ltd. Client agrees to cooperate with the defense of such claims.
User Data
The “Client” assumes full responsibility for all data transmitted to or associated with any activity conducted by the “Client” using the Website. Craftvision Ltd bears no liability to the “Client” for any loss or corruption of such data, and the “Client” hereby waives any claims against Craftvision Ltd arising from such loss or corruption.
Communications, Transactions, and Signatures
The “Client” hereby provides consent to receive electronic communications from Craftvision Ltd, and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website fulfil any legal requirement for written communication. The “Client” also agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by Craftvision Ltd or through the Website. Furthermore, the “Client” waives any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, or the delivery or retention of non-electronic records, or the processing of payments or granting of credits through means other than electronic methods.
Displaying Design Work
Craftvision Ltd reserves the right to showcase design work on digital platforms, including social media and the website, unless otherwise specified. The Client retains the option to establish a Non-Disclosure Agreement (NDA) with Craftvision Ltd, which would nullify Craftvision Ltd's authorisation to publicly share or discuss the Client's work.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Litigation
Any legal action of whatever nature shall be brought in the state courts of England and Wales. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
Final Provisions
These Terms of Use, along with any policies published on the Website or pertaining to the Website, constitute the complete agreement and understanding between the “Client” and Craftvision Ltd. The failure of Craftvision Ltd to enforce any right or provision of these Terms of Use shall not serve as a waiver of such right or provision. If any provision or portion of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to establish a joint venture, partnership, employment, or agency relationship between the “Client” and Craftvision Ltd.