These Terms of Service (“Agreement”) constitute a legally binding agreement between WDSGN.Agency, owned by Pavel Richter, an entrepreneur registered in the trade register of the Czech Republic under ID 73691089, with an office at Laurinova 2728/1, 155 00 Prague, Czechia (“WDSGN.Agency”), and the Partner (“Partner”). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Partner’s use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Partner and WDSGN.Agency shall cease upon termination of this Agreement.
WDSGN.Agency's partnership plans offer a flexible way to submit multiple project requests for a predetermined monthly price - a monthly subscription. The price is set for one (1) month at a time and is not affected by the number of project requests. With an active partnership plan, only one (1) project request can be active, but additional requests can be added to the queue. Queued requests will always be processed after the previous request is completed.
Each partnership plan can be paused or canceled at any time. The paused plan will preserve the remaining days for later reactivation of the plan. When a plan is paused or canceled, new project requests can no longer be submitted.
Web Design Partnership is focused on the creation of web design according to the Partner's requirements, where the output is an interactive prototype of the website designed using Figma software, and where the final file "*.fig" designed exclusively for Figma software is delivered to the Partner upon approval of all revisions.
Web Development Partnership is focused on web development according to the graphic design supplied by the Partner, where the output is a fully functional website managed by the CMS system WordPress. The price includes the launch of the website on the server/hosting of the Partner with the necessary setup of the production environment.
Web Design & Development Partnership combines both previous partnerships "Web Design Partnership" and "Web Development Partnership" and focuses on complete web development according to the Partner's requirements. The project is always divided into 2 parts, the first part is focused on the creation of the web design and after the approval of the web design, the second part continues with the focus on web development.
Sprints are primarily for small one-off projects at a predetermined one-off price.
Web Design Sprint is focused on the creation of web design according to the Partner's requirements, where the output is an interactive web prototype designed using Figma software, and where the final "*.fig" file is delivered to the Partner exclusively for Figma software after all revisions have been approved.
Web Development Sprint is focused on web development according to the graphic design supplied by the Partner, where the output is a fully functional website managed using the WordPress CMS system. The price includes the launch of the website on the Partner's server/hosting with the necessary setup of the production environment.
Web Design & Development Sprint combines both previous partnerships "Web Design Sprint" and "Web Development Sprint" and focuses on complete web development according to the Partner's requirements. The project is always divided into 2 parts, the first part is focused on the creation of the web design and after the approval of the web design, the second part continues with the focus on web development.
The prices of all plans listed on the WDSGN.Agency website are exclusive of 21% VAT.
Payments are made securely by credit card using Stripe.
The subscription becomes active immediately after payment. You can add and manage project requests within the active subscription. To keep the subscription active, payment for the next period must be made in time before the current subscription period expires.
Partners may pause their subscription at any time before the expiration of the current subscription period without any charge. If a Partner has an active project and a paused subscription, the project will also be paused until the subscription is resumed.
A paused subscription can be resumed at any time without any additional charges. The resumed plan will continue with the number of days remaining on the paused plan.
Partners may cancel their subscription at any time before the expiration of the current subscription period. WDSGN.Agency will only provide its services until the current subscription period expires.
Regular updates on the progress of the project are provided every 2-3 days via comments or Releases on the project page after the Partner logs into their account on the WDSGN.Agency website.
Refunds are only available for subscriptions where a project has not been accepted for processing in the current subscription period. This is particularly important because the relevant staff such as the manager, designer, or developer are assigned to the project based on the estimated planning of the project.
Requests for refunds can be sent by any Partner to info@wdsgn.agency with a clear and unambiguous written notice. Requests are assessed individually and the conditions for refund are checked.
WDSGN.Agency provides the Partner with a period of three (3) business days from the delivery of the website design or demo of the encoded website to review and provide feedback. Partner's input is invaluable in ensuring that the final product meets Partner's expectations.
If WDSGN.Agency does not receive feedback or a request for revision within five (5) business days of delivery, the work will be deemed accepted and the WDSGN.Agency team will move on to the next task. This acceptance is procedural and does not preclude the Partner from subsequently providing further feedback or requesting revisions. WDSGN.Agency agrees to accommodate further clarifications; however, it is understood that this will not delay the ongoing project timeline or subscription billing cycle.
We encourage Partners to provide timely feedback to accommodate the pace of the project but understand that revisions are a natural part of the creative process. WDSGN.Agency is happy to continue revisions to the work to ensure that the Partner's vision is fully realized, but also to maintain the pace of project development.
WDSGN.Agency Partners pay for each month of service in advance. Ownership of all works created directly for a given partner within a given project in a given billing cycle is transferred to the partner immediately after the start of the subscription in that cycle. This includes, for example, graphic designs for websites, brands, or other graphic works as well as code for developed websites and applications created under the service agreement.
While WDSGN.Agency retains all rights to its underlying and underlying content, such as software, frameworks, trademarks, logos, and pre-existing text, graphics, and media (collectively, "Content"), the specific works created for Partner during the Paid Service Period are the property of Partner from the time the Service begins for that billing cycle.
These works, once created and delivered within the billing cycle, are protected under the Partner's ownership by the copyright laws and regulations of the Czech Republic and the European Union.
More information about "Intellectual Property Rights" in Europen Union can be found at https://commission.europa.eu/business-economy-euro/doing-business-eu/intellectual-property-rights_en.
Consistent with the "Intellectual Property Rights" section, while WDSGN.Agency retains ownership of its proprietary materials and general content used in the creation process, the Partner obtains full ownership of the final, delivered project work. This includes all design and source files created specifically for the Partner’s project. Upon full payment for the respective service, the Partner shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include underlying tools, methods, or pre-existing materials.
By using WDSGN.Agency Services, Partner represents and warrants that: Partner has the legal capacity and agrees to comply with these Terms of Use; Partner is not a minor; Partner will not access the Services through automated or non-human means; Partner will not use the Services for any illegal or unauthorized purpose; Partner’s use of the Services will not violate any applicable law or regulation.
Partners shall use the services provided by WDSGN.Agency solely for lawful purposes and by the intended use of these services. Specifically, the creative content and materials produced by "WDSGN.Agency" are to be used by the Partner in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Partners are prohibited from:
Partner acknowledges and agrees to any questions, comments, suggestions, or other feedback related to the services provided by WDSGN.Agency (“Feedback”) must be communicated through designated platforms, specifically in the account within WDSGN.Agency website [https://wdsgn.agency/] website or Figma. This ensures that Feedback is properly recorded and addressed. WDSGN.Agency shall retain ownership of all Feedback and is without obligation to keep it confidential.
WDSGN.Agency is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Partners are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.
The Partner is responsible for providing all necessary data and materials required for WDSGN.Agency to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services.
While WDSGN.Agency takes reasonable measures to safeguard the data provided by the Partner during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Partners are advised to maintain backups and copies of all materials provided to WDSGN.Agency. In the event of any loss or corruption of data, WDSGN.Agency will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.
Partner consents to receive electronic communications from WDSGN.Agency, and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.
WDSGN.Agency reserves the right to monitor the Services for violations of these Terms of Service and to take appropriate legal action against violations. WDSGN.Agency further reserves the right to restrict or deny access to the Services or disable the Partner’s use of the Services, without notice or liability.
WDSGN.Agency reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. WDSGN.Agency reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Partner.
There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services.
In the event of such interruptions, WDSGN.Agency shall not be liable for any loss, damage, or inconvenience caused by the Partner’s inability to receive the services during these periods. We are committed to minimizing disruptions and will endeavor to notify Partners of any significant interruptions and resume services as promptly as possible.
These Terms of Service shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to conflict of law principles.
Except as otherwise provided in the indemnification obligations below, under no circumstances shall WDSGN.Agency, its directors, employees, members, contractors, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or use, incurred by the Partner or any third party, whether in an action in contract or tort, arising from the Partner’s access to, or use of, the Services provided.
WDSGN.Agency shall indemnify, defend, and hold harmless the Partner from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of any claim or action by a third party alleging that the use of the design work produced by WDSGN.Agency as delivered to the Partner and used in accordance with the terms of this Agreement infringes the intellectual property rights of such third party.
The Partner agrees to indemnify, defend, and hold harmless WDSGN.Agency against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of any claim or action by a third party alleging that the use of the Services in a manner not authorized by this Agreement, or the Partner’s modification of the design work, infringes the intellectual property rights of such third party.
The indemnification obligations set forth above are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of any claim or action; (b) giving the indemnifying party exclusive control and authority over the defense or settlement of such claim or action; (c) assisting in connection with the defense or settlement of such claim or action at the indemnifying party’s request and expense.
Notwithstanding the foregoing, the total liability of each party under the indemnification obligations shall not exceed the total amount paid to WDSGN.Agency by the Partner under this Agreement within the 12-month period preceding the claim.
The indemnifications set forth above shall not apply to the extent that the alleged infringement arises from: (a) use of the Services in combination with data, software, hardware, equipment, or technology not provided by WDSGN.Agency or not authorized by WDSGN.Agency in writing; (b) modifications to the Services by anyone other than WDSGN.Agency; (c) the Partner’s failure to use updates or modifications to the Services that WDSGN.Agency has provided specifically to avoid infringement; or (d) the Partner’s failure to secure appropriate rights, licenses, consents, or permissions required for third-party assets it directs WDSGN.Agency to incorporate into the design work.
Both parties acknowledge that the limitations and exclusions of liability and indemnity in this agreement are fundamental elements of the basis of the bargain between WDSGN.Agency and the Partner, with the exception that these limitations do not apply to the indemnifiable losses as set forth above.
WDSGN.Agency reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.
These Terms of Use remain in effect until terminated by the Partner or WDSGN.Agency. Partners may terminate their agreement in accordance with the cancellation policy outlined in the “Pricing Plans” and “Refund Policy” sections. WDSGN.Agency reserves the right to terminate this Agreement at any time, with reasonable notice to the Partner, unless in cases of breach by the Partner, including but not limited to non-payment and violation of these Terms of Service. WDSGN.Agency may also suspend or terminate Partner’s access to the Services for any substantial breach of these terms.
Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. WDSGN.Agency will take reasonable steps to ensure a smooth transition and minimize disruption to the Partner’s ongoing projects.
Updated 2024/11/22
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