AGREEMENT FOR BORN CREATIVE DESIGN ON DEMAND SERVICES
Design on Demand service (“DoD”) is a subscription service provided by Born Creative, LLC (“Born Creative” “we” “us” or “our”) that provides a DoD subscriber (“you” “your” or “Subscriber”) with quick designs that businesses often need to support and expand their business. This Agreement, including the General Terms of the Design on Demand Service (“General Terms”) describes the terms of the DoD service subscribed to by the Subscriber.
Description of DoD Service
For one flat-fee, Subscribers receive unlimited monthly design requests and revisions subject to the provisions of this Agreement. Our Design on Demand packages come in two levels: Essentials — a perfect fit for solo endeavors and small business owners and Premium — tailored for mid-size and large businesses or businesses that manage design for multiple clients or brands. Below is a listing of what each package offers.
|Plan Includes:||Premium Plan||Essentials Plan||Single Request</Th|
|Unlimited Projects1||Yes||Yes||One Project|
|Booklet Design (Up to 12 pages)||Yes||No||No|
|Direct Mailers (4×6″, 6×11″ or 8.5×11″)||Yes||No||No|
|Presentation Decks (Editable in InDesign)||Yes||No||No|
|Brochures (Bi-Fold & Tri-Fold)||Yes||Yes||Yes|
|Digital Display Ads (Non Animated)||Yes||Yes||Yes|
|Fillable Forms (PDFs)||Yes||Yes||Yes|
|Flyers & Posters||Yes||Yes||Yes|
|Resizes & Crops||Yes||Yes||Yes|
|Social Media Graphics||Yes||Yes||Yes|
|Web & Blog Graphics||Yes||Yes||Yes|
- ”Unlimited” means that a subscriber may add projects to the work queue without limitation. Born Creative provides services to its subscribers during the time period 9 am to 5 pm EST (“Business Day“) excluding holidays observed by Born Creative. Any requests for services submitted after 3 PM EST (“Cutoff Time”) will not be added to the work queue until the following Business Day. Subscriber may change the order of projects in the work queue but any changes submitted after the Cutoff Time will not be processed until the following Business Day. You acknowledge that Born Creative has many subscribers, and has no obligation to complete any project within a specific timeframe. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use the Service for time-sensitive projects.
- Brand profiles refer to a given set of visual guidelines including but not limited to: style guides, logos and other identifying marks, patterns, textures, imagery guidelines, fonts/typefaces and colors. For example, if you are a PR Firm and you become a subscriber with an Essentials Plan, you will be limited to only creating assets for one unique brand per subscription.
- Final delivery of designs will in the following formats: Adobe Creative Suite editable source files: INDD, AI, PSD and non-editable formats for end use: JPG, PNG, PDF
Current Pricing (subject to adjustment at any time on thirty (30) days notice to Subscriber)
|Single Request||Essentials Plan||Premium Plan</Th|
|Quarterly (paid upfront – for 3 months of service)||—||$569/month = $1,707 upfront payment||$1,235/month = $3,705 upfront payment|
|Annual (paid upfront – for 12 months of service)||—||$539/month = $6,468 upfront||$1,169/month = $14,029 upfront|
General Terms of the Design on Demand Service
These General Terms of the Design on Demand Service (“General Terms”) govern the subscription service for the Design on Demand Service. As used in these General Terms, “our service” or “the service” means the Design on Demand Service provided by us as described above.
- Communication Preferences. You consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications regarding your service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
- Subscription, Billing and Cancellation <br/ >
(a) Subscription. As indicated above, the service may be paid for as follows: (i) monthly; (ii) quarterly; or (iii) annually (each the “Subscription Payment Term”). You will also have the option to purchase and pay for a single request for a project (“Single Request”) in accordance with our then current pricing and terms in which case the provisions regarding ongoing subscription will not apply. You will chose the option for the Subscription Payment Term (or the Single Request”) at the time of purchase of the service. Unless you chose the Single Request, your subscription for the service will continue: (i) month-to-month; (ii) quarterly; or (iii) yearly, depending on which Subscription Payment Term you chose. You may change the option for future Subscription Payment Terms at any time through your Account Dashboard. No changes may be made to past purchases and all payments are non-refundable. You will continue to pay our then current fees in accordance with your chosen Subscription Payment Term unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to become a Subscriber and maintain a subscription. We will bill the applicable subscription fee to your Payment Method in accordance with the Subscription Payment Term chosen by you. You must cancel your subscription before it renews in accordance with your Subscription Payment Term in order to avoid billing of the next applicable subscription fees to your Payment Method.
(i) Recurring and Regular Billing. By starting your subscription, you authorize us to charge you the subscription fee at the then current rate for your chosen Subscription Payment Term to your Payment Method. In addition, if you purchase any additional products and services, we will bill you for those products and services.
(ii) Price Changes. We reserve the right to adjust pricing for our service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these General Terms, any price changes to your service will take effect following email notice to you. Changes to fees will apply at the start of the next Subscription Payment Term.
(iii) Billing Cycle. The subscription fee for our service will be billed at the beginning of the Subscription Payment Term and each month/quarter/year thereafter unless and until you cancel your subscription. We automatically bill your Payment Method at the start of the Subscription Payment Term on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month when a payment is due, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Design on Demand subscription or became a paying Subscriber on January 31st and chose a monthly Subscription Service Term, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription Service Term. We may authorize your Payment Method in anticipation of subscription charges. As used in these General Terms, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, the billing cycle will be based on your chosen Subscription Payment Term.
(iv) No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current Subscription Payment Term.
(v) Payment Methods. You may edit your Payment Method information by visiting our website at www.borncreativeagency.com, logging in, and clicking on the “Manage Account Details” link, available in the sub navigation of the My Account page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
(vi) Cancellation. You may cancel your service at any time, and you will continue to have access to the service through the end of your current fully paid Subscription Payment Term. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PAYMENT TERMS (WHETHER MONTHLY, QUARTERLY, OR ANNUAL) OR UNUSED SERVICES. You may cancel your subscription through your My Account Dashboard, or by emailing us at firstname.lastname@example.org with the subject line “CANCELLATION.”.
- Design on Demand Service
(a)You must be 18 years of age to become a subscriber of the service. All Subscribers must be located within the United States.
(b) The service, and any content provided by us as part of the service are for use of the Subscriber’s business and may not be requested for, or used by, any other business.
(c) The availability and scope of the service may change from time to time during the time period of your subscription. We will endeavor to provide you with advance notice of any material changes to the scope of the service.
(d) We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these General Terms or (ii) engaged in illegal or improper use of the service.
(e) You may use the Service for the number of Projects and scope that you have subscribed for under the applicable plan. If you have subscribed to a plan that permits “unlimited” Projects, our output volume depends on many factors, including the total request volume and complexity. We do not guarantee that any number of Projects will be completed within a specific time or during a subscription term.
- Passwords & Account Access
(a) The Subscriber who created the Design on Demand account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Design on Demand account including authorizing one or more users to access the service under the Subscriber’s account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Design on Demand Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details associated with their account. We will never ask you to provide account information, including Payment Method, via email or text. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
(b) We reserve the right to place any account on hold anytime with or without notification to the Subscriber in order to protect us, our partners, and other Subscribers from fraudulent or unlawful activity or violation of this Agreement. We are not obligated to credit or discount a subscription for holds placed on the account by either our representative or by our automated processes.
- Disclaimers of Warranties and Limitations on Liability
(a) THE MATERIALS, INFORMATION, AND SERVICES PROVIDED AS PART OF THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES OR AGAINST INFRINGEMENT.
NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SERVICE, OR FROM YOUR RELIANCE ON ANY MATERIALS PROVIDED AS PART OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF LIABILITY.
YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT UPLOADED BY YOU. IT IS YOUR RESPONSIBILITY TO REVIEW AND APPROVE ALL MATERIALS PROVIDED BY US AS PART OF THE SERVICES PRIOR TO ANY PUBLICATION OR DISTRIBUTION. WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN MATERIALS PROVIDED BY YOU OR CREATED BY US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BOTH US AND PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU OR TO YOU IN CONNECTION WITH THE SERVICE.
(b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
(c) NOTHING IN THESE GENERAL TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these General Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Intellectual Property. The service involves the creation of digital materials based on materials and other information provided by the Subscriber (“Subscriber Content”). Subscriber retains all right, title and interest in Subscriber Content and grants us a license to use the Subscriber Content solely to provide the service. In the event any third party materials are included in any content provided by Subscriber, Subscriber represents and warrants that it has obtained all consents necessary to use such third party materials for the service provided by us.
- Governing Law. Any transaction or occurrence arising out of the provision of the service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction).
- Customer Support. FAQ information is available to you within the Design on Demand website and through interactions with our service representatives. In the event of any conflict between these General Terms and information provided by Customer Support, representatives, or other portions of the Design on Demand website, these General Terms will control.
- Applications. You may encounter third-party applications (“Application(s)”) that interact with the service. These Applications may import data related to your Design on Demand account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and we are not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY US. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Arbitration Agreement
(a) You and we agree that any dispute, claim or controversy arising out of or relating in any way to the service, these General Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these General Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your subscription.
(b) The arbitration will be governed by the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
(c) YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim
- Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us, and our employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees and disbursements that arise from your use or misuse of the service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Links to and from third party sites; framing; Service Providers. AS PART OF THE SERVICE, WE MAY PROVIDE LINKS OR REFERENCES TO OTHER SITES. WE MAY ALSO PROVIDE CONTACT INFORMATION FOR SERVICE PROVIDERS, AND, AT YOUR REQUEST, CONNECT YOU TO SUCH SERVICE PROVIDERS. WE DO NOT HAVE ANY RESPONSIBILITY FOR THE CONTENT OF THESE OTHER SITES, OR SERVICES PROVIDED BY ANY SERVICE PROVIDERS. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES WITH RESPECT TO ANY INFORMATION CONTAINED IN OR AT THESE OTHER SITES, OR SERVICES PROVIDED BY ANY SERVICE PROVIDERS AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM SUCH CONTENT OR SERVICES. WE DO NOT ENDORSE COMPANIES OR PRODUCTS TO WHICH WE HAVE PROVIDED LINKS OR CONTACT INFORMATION. ANY LINKS OR CONTACT TO OTHER SITES OR SERVICE PROVIDERS IS PROVIDED MERELY AS A CONVENIENCE TO SUBSCRIBERS AND, IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE OR PROCURE SERVICE FROM ANY SERVICE PROVIDERS, YOU DO SO ENTIRELY AT YOUR OWN RISK. WE RESERVE THE RIGHT TO TERMINATE ANY LINK OR LINKING PROGRAM OR INFORMATION REGARDING SERVICE PROVIDERS AT ANY TIME.THERE MAY BE CIRCUMSTANCES WHERE ACCESS TO THE SERVICE ARE PROVIDED BY A LINK LOCATED AT ANOTHER WEB SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES WITH RESPECT TO ANY INFORMATION CONTAINED IN OR AT THESE OTHER SITES, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM THE CONTENT OF THESE OTHER SITES. WE DO NOT ENDORSE THE INDIVIDUALS, COMPANIES, OR OTHER SIMILAR ENTITIES, OR ANY PRODUCTS, SERVICES OR MATERIALS ASSOCIATED WITH SUCH INDIVIDUALS, COMPANIES, OR OTHER SIMILAR ENTITIES, THAT PROVIDE A LINK TO THIS SITE.
Last updated: May 2021