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Design.com - Service Terms and Conditions

Please carefully read these Service Terms and Conditions as well as the Terms of Use, before using The Sites Services.


  1. These Service Terms and Conditions

    These "Service Terms and Conditions" form part of your Agreement with Us and should be read in conjunction with the Terms of Use.

  2. Types of services

    1. Free Services: Refers to services provided on The Sites that are accessible for use or download without payment.

    2. Paid Services: Refers to services provided on The Sites that are only accessible for use or download after payment.

  3. The Sites Services

    1. General

      1. The Sites Services include the opportunity to:

        1. access, use, download and modify Templates in order to create New Works;

        2. use other design elements, such as shapes, images, videos and fonts, to create New Works;

        3. purchase licenses for New Works;

        4. otherwise obtain licenses for New Works;

        5. create, publish and host a website and related products, such as digital business cards;

        6. access third party content (as further described in clause 3.2);

        7. purchase, register and manage a domain name (as further described in clause 3.4);

        8. purchase a subscription to access Design Tools;

        9. purchase a subscription to access other services available on a subscription basis;

        10. purchase printed goods;

        11. access referrals to partner services;

        12. purchase other goods as offered for sale on The Sites;

        13. generate business names;

        14. generate written content, for example website copy;

        15. use AI Processes in the provision of The Sites Services (as further described in clause 3.4); and

        16. access other services as offered on The Sites.

    2. Third Party Content

      1. The Sites Services allows you to access third party content including images and videos from third party sites, including 'Getty Images' and 'Unsplash' for the purpose of incorporating such third party content into New Work(s), provided that:

        1. your use of third party content is in accordance with the relevant third party terms, including for:

          1. 'Unsplash' - their terms & conditions, which can be found here; and

          2. 'Getty Images' – their end user license agreement, which can be found here;

        2. you must not download any third party images or videos and use them on a standalone basis; and

        3. you acknowledge that your right to use any third party image, video or other content is subject to the discretion of the relevant third parties and may be revoked at any time and the relevant content removed from your New Work(s).

    3. Domain services

      1. The Sites Services offer the ability to create, purchase or manage a domain name(s) in partnership with the third party service providers GoDaddy and ICANN (Domain Services).

      2. When using the Domain Services, you must:

        1. comply with the relevant GoDaddy terms and conditions, accessible here;

        2. comply with the relevant ICANN requirements, including:

          1. the Registrant Rights and Responsibilities, accessible here;

          2. the Registrar Transfer Dispute Resolution Policy, accessible here; and

          3. the Registrants' Benefits and Responsibilities, accessible here;

        3. provide Us with up-to-date and accurate information required for Us to create, manage and update your domain ownership records.

      3. You acknowledge and agree that:

        1. you may receive communications directly from our third-party providers, including GoDaddy or ICANN, in association with your use of the Domain Services;

        2. your domain name may be cancelled or not renewed due to:

          1. your failure to meet your obligations to third parties including GoDaddy or ICANN;

          2. without limiting clause 13(a) of the Terms of Use, your failure to make payments of undisputed Fees in accordance with the Terms of Use; or

          3. without limiting clause 13(d) of the Terms of Use, any inappropriate or illegal use of the domain name; and

        3. in order to facilitate the Domain Services, your personal information may be shared with GoDaddy and ICANN.

      4. As a part of the Domain Services We may issue you with a free URL. You acknowledge and agree that:

        1. any URL We issue you may be removed or changed at Our discretion; and

        2. any websites you create using a URL issued by Us may include a link to The Sites.

    4. AI Processes

      1. The Sites and The Sites Services may utilise artificial intelligence (AI) processes (AI Processes) in developing and delivering the relevant products and services to you. Such AI Processes include, but are not limited to:

        1. name generation;

        2. content generation;

        3. image generation;

        4. photo generation;

        5. design generation in various formats;

        6. design edits;

        7. website generation; and

        8. presentation generation.

      2. We may also use AI Processes more generally to:

        1. facilitate search functionality on The Sites;

        2. assess customer content; and

        3. provide Our customer service.

      3. You acknowledge and agree that:

        1. We will continue to expand and change the use of AI Processes in the provision of The Sites Services without notice to you; and

        2. We may use third party providers in the provision of these AI Processes.

      4. We may use aspects of Your Content to train our AI Processes (including those developed with third party providers). Such aspects of Your Content may include (without limitation) any:

        1. prompts;

        2. written content (including website copy);

        3. business names;

        4. search terms;

        5. personal information provided in conjunction with The Sites Services;

        6. photos; and

        7. edited designs.

  4. Fees and Refunds

    1. In order to access or use the Paid Services, you must first pay to Us the Fees specified on The Sites.

    2. You may request a refund of the Fees paid for a particular New Work or The Site Service purchased from Us, if there is a technical impediment with such New Work or The Site Service that renders you unable to utilise the New Work or The Site Service in accordance with the relevant license or service description.

    3. For clarity, subject to paragraph (f), We will not allow refunds for New Works:

      1. for a 'change of mind';

      2. for design related reasons; or

      3. where there is no technical impediment to use of that particular Template or New Work.

    4. All refunds are at Our discretion, subject to paragraph (f) and to the extent permissible by law.

    5. Additional conditions on refunds for Subscription Services are set out in clause 5 below.

    6. Nothing in this clause 4 shall operate to exclude or restrict any guarantee in the Australian Consumer Law that protects the purchasers of goods and services in certain circumstances.

  5. Subscription Services

    1. When you purchase access to any of The Sites Services on a recurring charge ("Subscription") basis as specified on The Sites, those services are known as "Subscription Service(s)" and the following terms apply:

      1. you must pay the applicable recurring fee (as set out on The Site when purchasing the Subscription Service) to allow access to the Subscription Services, for the period required;

      2. the period of Subscriptions will be as set out in the relevant Subscription Service, which may include a monthly, annual, two-year or three-year time period;

      3. you will not be guaranteed access to the New Work(s) or any Subscription Services beyond the expiration of the Subscription;

      4. for the purposes of paragraph (iii), New Work(s) are still able to be used after the expiry of the Subscription, although they may not be accessible on The Sites;

      5. you have sole responsibility for ensuring you have access to all versions of the New Work(s) you require before the Subscription expires. The Sites will not allow access to The Subscription Services beyond the expiry of the Subscription;

      6. you may cancel your Subscription at any time. In this event, the Subscription will expire at the conclusion of the relevant period for which you have paid the relevant fee;

      7. refunds requested for time passed, where you had access to the purchased Subscription Services, will not be granted;

      8. to the extent that you have not had access to the Subscription Services, The Sites may allow a refund in accordance with clause 4;

      9. where you have cancelled your Subscription under paragraph (vi), you can re-activate your access to the Subscription Services at any time by re-activating your Subscription via The Site and paying any relevant access fees; and

      10. you acknowledge and agree that the accounts offered and fees charged for Subscription Services may change from time to time and may be governed by additional terms which apply specifically to the account. However, any such changes will not take effect until after the end of the current Subscription period.

    2. Refunds on Subscription Services are provided on the following basis, or otherwise at the sole discretion of The Sites:

      1. refunds for Subscription Services must be requested via email to Our service team using the relevant email address: support@brandcrowd.com or support@design.com;

      2. refunds for Subscription Service payments will be allowed within 7 days of the recurring charge for a monthly Subscription, or within 30 days of the recurring charge for an annual or longer Subscription, and only where you have not used the Subscription Service in that period; and

      3. refunds will not be made in respect of Subscription Service payments made for expired periods.

    3. Nothing in this clause 5 shall operate to exclude or restrict any guarantee in the Australian Consumer Law that protects the purchasers of goods and services in certain circumstances.

  6. Licenses

    You can purchase, create, download or otherwise attain a New Work(s) from The Sites using one (or more) of the licenses set out in this clause 6.

    1. Buyout License

      1. In consideration of the payment of the Fees for a "Buyout License", you are purchasing a non-exclusive, royalty free, worldwide, irrevocable license to use specific New Work(s), including the right to sublicense the New Work to others, for:

        1. (when purchased under a Buyout License Subscription) the duration of your Subscription; or

        2. (when purchased under a one-time license Fee) perpetuity.

      2. Subject to paragraphs (iii) and (v), the Logo Template from which the New Work(s) was created will not be available for license to other users of The Sites from the moment you purchase the Buyout License, for the duration of the Buyout License.

      3. Some elements within the Logo Template may not be removed from The Sites for any period of time, such as certain shapes or fonts used in the Logo Template.

      4. At the expiry of the Buyout License, the Logo Template will again become available for customisation and license (as a New Work) to other users of The Sites. Your license will automatically change to a Standard License, so that you can continue to use the New Work(s) that you created from that Logo Template.

      5. You acknowledge that the underlying Logo Template may have been previously licensed to other persons as a New Work(s) prior to your purchase of the Buyout License. Such third-party licensees will retain an ongoing right to license and use the New Work(s) they previously created using the underlying Logo Template.

      6. You acknowledge that the underlying Logo Template (or part thereof) may continue to be displayed for promotional purposes at any time by:

        1. Us, on The Sites or otherwise in connection with the Sites Services (such as in marketing materials, the press and on other websites owned or operated by Us); and

        2. its designer, as part of the designer's portfolio of designs on or outside of The Sites.

    2. Exclusive License

      1. In consideration of the payment of the Fees for an "Exclusive License", you are purchasing an exclusive, royalty free, worldwide, irrevocable license to specific New Work(s), including the right to sublicense the New Work to others, for:

        1. (when purchased under an Exclusive License Subscription) the duration of your Subscription; or

        2. (when purchased under a one-time license Fee) perpetuity.

      2. Subject to paragraph (iii), the Logo Template from which the New Work(s) was created will not be available to be licensed to other users of The Sites from the moment you purchase the Exclusive License, for the duration of the Exclusive License.

      3. Some elements within the Logo Template may not be removed from The Sites for any period of time, such as specific shapes or fonts used in the Logo Template.

      4. At the expiry of the Exclusive License, the Logo Template will again become available for customisation and license (as a New Work) to other users of The Sites. Your license will automatically be changed to a Standard License so that you can continue to use the New Work(s) that you customised from that Logo Template.

      5. You acknowledge that the underlying Logo Template (or part thereof) may continue to be displayed for promotional purposes at any time by:

        1. Us, on The Sites or otherwise in connection with the Sites Services (such as in marketing materials, the press and on other websites owned or operated by Us); and

        2. its designer, as part of the designer's portfolio of designs on or outside of The Sites.

    3. Standard License

      1. In consideration of the payment of the Fees for a "Standard License", you are purchasing a non-exclusive, royalty free, worldwide, irrevocable license to use specific New Work(s) for:

        1. (when purchased under your Standard License Subscription) the duration of your Subscription; or

        2. (when purchased under a one-time license Fee) perpetuity.

      2. You acknowledge that the underlying Logo Template or Other Template will remain available to be licensed to other users of The Site during the term of your Standard License and beyond.

      3. Without limiting paragraph (ii), you acknowledge that the underlying Logo Template may have been previously licensed to other persons as a New Work(s) prior to your purchase of the Standard License. Such third-party licensees will retain an ongoing right to license and use the New Work(s) they previously created using the underlying Logo Template.

      4. You acknowledge that the underlying Logo Template (or part thereof) may continue to be displayed for promotional purposes at any time by:

        1. Us, on The Sites or otherwise in connection with the Sites Services (such as in marketing materials, the press and on other websites owned or operated by Us); and

        2. its designer, as part of the designer's portfolio of designs on or outside of The Sites.

    4. Free License

      1. Following the download of a design under a "Free License", you are obtaining a non-exclusive, royalty free, worldwide license to use the New Work for the term specified in the license.

      2. You acknowledge that the underlying Logo Template or Other Template will remain available to be licensed to other users of The Site during the term of your Free License.

      3. You acknowledge that the underlying Logo Template (or part thereof) may continue to be displayed for promotional purposes at any time by:

        1. Us, on The Sites or otherwise in connection with the Sites Services (such as in marketing materials, the press and on other websites owned or operated by Us); and

        2. its designer, as part of the designer's portfolio of designs on or outside of The Sites.

    5. Restrictions across all license types

      1. New Work(s) created under any license in this clause 6 cannot be sold more than once.

      2. New Work(s) created under any license in this clause 6 cannot be sold on any other design platforms other than those offered by The Sites or The Sites Services.

  7. Definitions and Interpretation

    1. Capitalised Terms in these Service Terms and Conditions have the same meaning as given in the Terms of Use, unless otherwise indicated.

    2. In these Service Terms and Conditions, unless the context otherwise requires:

    AI Processes has the meaning given in clause 3.4(a).

    Design Tools mean design software tools provided as part of The Sites Services for the creation or modification of designs, including websites and related products, on The Sites.

    GoDaddy means GoDaddy Operating Company, LLC.

    ICANN means the Internet Corporation for Assigned Names and Numbers.

    Logo Template is a Template with a logo design made available for users of The Sites to modify, customise and download under a license in clause 6.

    Other Template is a Template of any type other than a Logo Template, made available for users of The Sites to modify, customise, publish and/or download under a license in clause 6.

    Subscription has the meaning given in clause 5(a).

    Subscription Services has the meaning given in clause 5(a).