Terms & Conditions

This website is operated by Brennan Davidson LLC, DBA Design Groove. Throughout the site, the terms “we”, “us” and “our” refer to Design Groove. Design Groove offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

‍

Design Groove Client Engagement Terms

‍

The Design Groove Client Engagement Terms encompass a variety of conditions that govern our relationship with clients. These include policies on the review and accuracy of deliverables, acceptable client behavior and communication protocols, and the specifics of project start payments and future billing. By purchasing our services, clients agree to abide by these comprehensive terms. This category provides a framework to guide and foster a professional, respectful, and mutually beneficial engagement between Design Groove and our valued clients.

‍

Section 1 - Responsibility for Accuracy

‍

1. Client Responsibility: As a client of Design Groove, you carry the responsibility for the accuracy and specificity of the information you provide to us, which will form the basis for our deliverables. While we make every effort to validate the information we receive, we cannot guarantee its accuracy or completeness unless it is confirmed and approved by you, the client.

2. Review of Deliverables: Prior to any public publication or dissemination of deliverables, Design Groove will always provide you, the client, with an opportunity to review the work. This review period is intended to ensure that the deliverable accurately represents the details, information, and intentions you have conveyed to us in our communications and meetings.

3. Client Approval: Your approval of deliverables signifies your affirmation of the accuracy and completeness of the information contained therein. Following your approval, Design Groove shall not be held accountable for any inaccuracies or misrepresentations in the deliverable.

4. Acknowledgement: By availing our services, you acknowledge and agree to your responsibilities in this process. You understand that your role is critical to ensuring the quality and accuracy of our deliverables.

‍

Section 2 - Complimentary Edits and Feedback

‍

1. Complimentary Edits: Design Groove offers clients a single feedback round on most deliverables as a complimentary service. This is a courtesy extended to our clients to help ensure client satisfaction and to improve the quality of our output. The provision of this feedback round should not be construed as an obligation or contractual duty on the part of Design Groove.

2. Limited Duration for Edits: The aforementioned complimentary feedback round can be availed within a two-week period (14 calendar days) from the date of initial delivery of the work by Design Groove. Feedback submitted beyond this period will be considered on a case-by-case basis, and Design Groove retains the full discretion to accept or reject such late feedback.

3. Limitation of Liability: Any changes, modifications, or edits to the original work that are requested during the two-week period will be considered as part of the original contract. Consequently, these edits do not form a separate contract, and the limitations of liability as defined in our overall terms and conditions will apply. Design Groove shall not be liable for any claims, damages, or expenses beyond the original cost of the service, whether direct, indirect, incidental, or consequential, arising out of or in relation to these complimentary edits.

4. Finality of Edits: Upon completion of the complimentary feedback round, Design Groove is under no obligation to perform additional edits or modifications to the work, unless a separate agreement is made between Design Groove and the client. Any subsequent edits or modifications requested by the client after the completion of the complimentary feedback round may incur additional fees.

5. Acknowledgement: By utilizing our services, you acknowledge and agree to these limitations and stipulations. You understand that these are integral to our business operations and respect for our time and resources.

‍

Section 3 - Communication Standards and Refusal of Service

‍

1. Right to Refuse Service: Design Groove and its team members retain the absolute right to refuse service to anyone at any time, at their discretion. This right extends to circumstances where client behavior is deemed inappropriate or unacceptable by our standards.

2. Communication Channels: To maintain a clear, consistent, and auditable communication trail, we require that all communication from clients be restricted to text messages, calls, and emails. Please note that audio messages and voicemails are not accepted forms of communication. This policy ensures that all interactions can be easily documented and referred back to, if necessary.

3. Client Responsibility: As a client, you bear the responsibility of providing accurate and detailed information to Design Groove in a manner that is easily comprehensible, readable, and documentable. This assists us in delivering services that align with your expectations and requirements.

4. Acknowledgement: By using our services, you agree to abide by these communication guidelines and accept your responsibilities as defined above. You understand that these guidelines are necessary to maintain a professional and respectful working environment.

‍

Section 4 - Payments, Payment Plans and Timelines

‍

1. Project Start Payments: Design Groove defines "Project Start" payments as down payments made in relation to the amount of the project fee. Design Groove reserves the right to charge up to 50% of the project fee up front as a down-payment. Custom payment plans can be made by Design Groove team members at our discretion.

2. Payment Plan Agreement: The Client has the option to enter into a Payment Plan Agreement with Design Groove. This Agreement allows the Client to pay for the Services over a predetermined period of time, as set forth in the requested Payment Plan Schedule provided to Design Groove by client. If no payment plan is provided, the full cost of services provided are to be billed upon delivery. The full cost of services are always provided via email to client before project start.

3. Project Time Frames: The Client agrees that any quoted time frames or estimates are not in effect until The Client completes the payment of their Project Start Fee.

4. Binding Nature of Agreement: The Agreement becomes binding and cannot be cancelled once the Client initiates the first payment. This is to ensure the financial sustainability of Design Groove and to allow us to continue providing high-quality services.

5. No Cancellation: Once the project has been initiated, the Client acknowledges and agrees that it is non-cancellable and that the Client will remain responsible for the remaining amount owed, even if the Client decides to terminate the Agreement mid-payment plan. Design Groove does provide a 48-hour window to cancel a project after the "Project Start" payment is made. This prevents partial payments being made for complete services.

6. Termination of Services: Termination of Services by the Client does not absolve the Client of their obligation to complete all scheduled payments under the Agreement. The Client agrees to fulfill their financial obligations under the Agreement, regardless of the status of the Services provided by Design Groove.

7. Legal Recourse: The Client acknowledges and agrees that Design Groove reserves the right to pursue any legal remedies available to collect any unpaid amounts owed under the Agreement.

‍

Design Groove Terms & Conditions

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

‍

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

‍

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

‍

Accuracy, Completeness, and Information Timelines

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

‍

Modifications to the Services and Price

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

‍

‍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.

‍

Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

‍

User Comments, Feedback and Other Suggestions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

‍

Personal Information

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

‍

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

‍

Prohibited Uses

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

‍

Disclaimer of Warranties, Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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

‍

Indemnification

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

‍

Severability

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

‍

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

‍

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.

‍

Agreement to Client Engagement Terms

By engaging the services offered by Design Groove, you ("the client") acknowledge that you have read, understood, and agreed to both the general Terms of Service and the specific Design Groove Client Engagement Terms. The latter outlines our policies on complimentary edits, client file maintenance, client responsibilities, communication protocols, and project start payments. These Client Engagement Terms may be found on at the top of this page, and are an integral part of our overall terms and conditions. Your agreement to our Terms of Service includes an agreement to these Client Engagement Terms, whether they are reviewed on a separate page or within the overall Terms of Service document.

‍

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 Phoenix, AZ 85050, United States.

‍

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.

‍

Contact Information

Questions about the Terms of Service should be sent to us at contact@designgroove.io

‍