30kdesigns - Terms of Use
Last updated: 03/29/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between 30KSTRATEGY, LLC, a limited liability company organized under the laws of the state of Florida (“30kStrategy”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of 30kdesigns’s website: https://www.30kdesigns.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and 30kdesigns shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay 30kdesigns for services rendered shall remain and continue to be an ongoing obligation owed by Client to 30kdesigns.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of 30kdesigns and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by 30kdesigns and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without 30kdesigns’s express prior written permission. 30kdesigns reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding 30kdesigns’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s 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 30kdesigns to become the owner of a Project, in whole or in part, rather than Client, 30kdesigns irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to 30kdesigns as examples or as material to be incorporated into a project during the design process are owned by 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. 30kdesigns always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by 30kdesigns and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), 30kdesigns will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses. So long as 30kdesigns has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences because of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by 30kdesigns on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead 30kdesigns or other users;Interfere with, disrupt or create an undue burden on the Website or 30kdesigns’s networks or servers;Use the Website in an effort to compete with 30kdesigns; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of 30kdesigns’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm 30kdesigns; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of 30kdesigns and 30kdesigns is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. 30kdesigns shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”) and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against 30kdesigns for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversite
30kdesigns reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. 30kdesigns further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of 30kdesigns, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of 30kdesigns and shall be designed to protect 30kdesigns’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. 30kdesigns does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to 30kdesigns without parental consent, 30kdesigns shall delete that information as soon as reasonably practical.
9. Returns and Refunds
9.1. Trial Period: Each engagement with 30kdesigns begins with a trial period lasting up to two weeks from the commencement date. This trial period is intended to allow the client sufficient time to assess the suitability and effectiveness of the services provided by 30kdesigns in meeting their specific requirements.
9.2. Continuation of Services: If, at the end of the trial period, the client is completely satisfied with the services rendered by 30kdesigns, the engagement will proceed. The client may choose to continue the engagement for a duration that aligns with their needs and objectives.
9.3. Satisfaction Guarantee and Refund Eligibility: In the event the client is not completely satisfied with the services provided by 30kdesigns at the conclusion of the two-week trial period, the client is entitled to request a full refund. To initiate a refund request, the client must inform 30kdesigns of their decision within seven days following the end of the trial period.
9.4. Refund Process: Upon receiving a refund request, 30kdesigns will process the refund promptly. The refund will be issued to the original payment method used by the client. All refunds will be completed within a reasonable timeframe, subject to processing times associated with financial institutions.
9.5. Limitation of Refund: This refund policy applies exclusively to the initial two-week trial period of an engagement. Any services rendered beyond this period will be considered accepted by the client and will not be eligible for a refund.
9.6. Modification of Policy: 30kdesigns reserves the right to modify this refund policy at any time. Any changes to the policy will be communicated to existing clients and will only apply to engagements initiated after the effective date of such changes.
9.7 Exceptions: In the event of the 30kdesigns being involved in a serious injury or sickness within the timeframe of this Contract, which would prevent the 30kdesigns from working on, and/or completing the Contract. In this situation, the 30kdesigns agrees to either return the Client’s payment, prorated from the day of injury or sickness through the end of this Contract, or the 30kdesigns agrees to add one (1) additional month of the 30kdesigns services in this Contract, at no additional cost to the Client, when the 30kdesigns is not injured or not sick, and is willing and able to return to work on the Contract.
9.8 This refund policy is legally binding and forms an integral part of the terms and conditions of engagement with 30kdesigns. By engaging with 30kdesigns, clients acknowledge and agree to the terms outlined in this refund policy.
Should Client request a refund during the first two weeks of use, all materials produced by 30kdesigns are ownership of the company and are prohibited from being used by the Client in any way. 30kdesigns reserves the right to take appropriate legal actions against Client for breach of this paragraph.
10. Modification
30kdesigns reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. 30kdesigns reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
11. Connection Interruptions
30kdesigns does not guaranty or warrant the Website will be always available and accessible. Issues with hardware, software or other items may result in interruption delays or errors beyond 30kdesigns’s control. Client agrees that 30kdesigns shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principals.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Palm Beach County, Florida or in the United States District Court for the District of Florida. 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.
14. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. 30kdesigns disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 30kdesigns makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and 30kdesigns assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of 30kdesigns’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. 30kdesigns does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
30kdesigns and 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 lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, 30kdesigns and 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. Notwithstanding the foregoing, 30kdesigns reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify 30kdesigns hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. 30kdesigns shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against 30kdesigns from any such loss or corruption.
17. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from 30kdesigns, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by 30kdesigns or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
30kdesigns reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and 30kdesigns, which in turn would void the right of 30kdesigns to share or discuss Client's work publicly.
19. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and 30kdesigns. Failure of 30kdesigns to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and 30kdesigns.
20. Contact Information
For any questions or complaints regarding the Website, please contact 30kdesigns at: hello@30kdesigns.com.
30kdesigns - Terms of Use
Last updated: 03/29/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between 30KSTRATEGY, LLC, a limited liability company organized under the laws of the state of Florida (“30kStrategy”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of 30kdesigns’s website: https://www.30kdesigns.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and 30kdesigns shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay 30kdesigns for services rendered shall remain and continue to be an ongoing obligation owed by Client to 30kdesigns.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of 30kdesigns and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by 30kdesigns and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without 30kdesigns’s express prior written permission. 30kdesigns reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding 30kdesigns’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s 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 30kdesigns to become the owner of a Project, in whole or in part, rather than Client, 30kdesigns irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to 30kdesigns as examples or as material to be incorporated into a project during the design process are owned by 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. 30kdesigns always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by 30kdesigns and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), 30kdesigns will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses. So long as 30kdesigns has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences because of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by 30kdesigns on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead 30kdesigns or other users;Interfere with, disrupt or create an undue burden on the Website or 30kdesigns’s networks or servers;Use the Website in an effort to compete with 30kdesigns; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of 30kdesigns’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm 30kdesigns; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of 30kdesigns and 30kdesigns is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. 30kdesigns shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”) and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against 30kdesigns for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversite
30kdesigns reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. 30kdesigns further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of 30kdesigns, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of 30kdesigns and shall be designed to protect 30kdesigns’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. 30kdesigns does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to 30kdesigns without parental consent, 30kdesigns shall delete that information as soon as reasonably practical.
9. Returns and Refunds
9.1. Trial Period: Each engagement with 30kdesigns begins with a trial period lasting up to two weeks from the commencement date. This trial period is intended to allow the client sufficient time to assess the suitability and effectiveness of the services provided by 30kdesigns in meeting their specific requirements.
9.2. Continuation of Services: If, at the end of the trial period, the client is completely satisfied with the services rendered by 30kdesigns, the engagement will proceed. The client may choose to continue the engagement for a duration that aligns with their needs and objectives.
9.3. Satisfaction Guarantee and Refund Eligibility: In the event the client is not completely satisfied with the services provided by 30kdesigns at the conclusion of the two-week trial period, the client is entitled to request a full refund. To initiate a refund request, the client must inform 30kdesigns of their decision within seven days following the end of the trial period.
9.4. Refund Process: Upon receiving a refund request, 30kdesigns will process the refund promptly. The refund will be issued to the original payment method used by the client. All refunds will be completed within a reasonable timeframe, subject to processing times associated with financial institutions.
9.5. Limitation of Refund: This refund policy applies exclusively to the initial two-week trial period of an engagement. Any services rendered beyond this period will be considered accepted by the client and will not be eligible for a refund.
9.6. Modification of Policy: 30kdesigns reserves the right to modify this refund policy at any time. Any changes to the policy will be communicated to existing clients and will only apply to engagements initiated after the effective date of such changes.
9.7 Exceptions: In the event of the 30kdesigns being involved in a serious injury or sickness within the timeframe of this Contract, which would prevent the 30kdesigns from working on, and/or completing the Contract. In this situation, the 30kdesigns agrees to either return the Client’s payment, prorated from the day of injury or sickness through the end of this Contract, or the 30kdesigns agrees to add one (1) additional month of the 30kdesigns services in this Contract, at no additional cost to the Client, when the 30kdesigns is not injured or not sick, and is willing and able to return to work on the Contract.
9.8 This refund policy is legally binding and forms an integral part of the terms and conditions of engagement with 30kdesigns. By engaging with 30kdesigns, clients acknowledge and agree to the terms outlined in this refund policy.
Should Client request a refund during the first two weeks of use, all materials produced by 30kdesigns are ownership of the company and are prohibited from being used by the Client in any way. 30kdesigns reserves the right to take appropriate legal actions against Client for breach of this paragraph.
10. Modification
30kdesigns reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. 30kdesigns reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
11. Connection Interruptions
30kdesigns does not guaranty or warrant the Website will be always available and accessible. Issues with hardware, software or other items may result in interruption delays or errors beyond 30kdesigns’s control. Client agrees that 30kdesigns shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principals.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Palm Beach County, Florida or in the United States District Court for the District of Florida. 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.
14. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. 30kdesigns disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 30kdesigns makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and 30kdesigns assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of 30kdesigns’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. 30kdesigns does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
30kdesigns and 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 lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, 30kdesigns and 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. Notwithstanding the foregoing, 30kdesigns reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify 30kdesigns hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. 30kdesigns shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against 30kdesigns from any such loss or corruption.
17. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from 30kdesigns, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by 30kdesigns or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
30kdesigns reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and 30kdesigns, which in turn would void the right of 30kdesigns to share or discuss Client's work publicly.
19. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and 30kdesigns. Failure of 30kdesigns to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and 30kdesigns.
20. Contact Information
For any questions or complaints regarding the Website, please contact 30kdesigns at: hello@30kdesigns.com.
30kdesigns - Terms of Use
Last updated: 03/29/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between 30KSTRATEGY, LLC, a limited liability company organized under the laws of the state of Florida (“30kStrategy”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of 30kdesigns’s website: https://www.30kdesigns.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and 30kdesigns shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay 30kdesigns for services rendered shall remain and continue to be an ongoing obligation owed by Client to 30kdesigns.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of 30kdesigns and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by 30kdesigns and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without 30kdesigns’s express prior written permission. 30kdesigns reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding 30kdesigns’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s 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 30kdesigns to become the owner of a Project, in whole or in part, rather than Client, 30kdesigns irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to 30kdesigns as examples or as material to be incorporated into a project during the design process are owned by 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. 30kdesigns always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by 30kdesigns and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), 30kdesigns will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses. So long as 30kdesigns has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences because of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by 30kdesigns on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead 30kdesigns or other users;Interfere with, disrupt or create an undue burden on the Website or 30kdesigns’s networks or servers;Use the Website in an effort to compete with 30kdesigns; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of 30kdesigns’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm 30kdesigns; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of 30kdesigns and 30kdesigns is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. 30kdesigns shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”) and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against 30kdesigns for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversite
30kdesigns reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. 30kdesigns further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of 30kdesigns, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of 30kdesigns and shall be designed to protect 30kdesigns’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. 30kdesigns does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to 30kdesigns without parental consent, 30kdesigns shall delete that information as soon as reasonably practical.
9. Returns and Refunds
9.1. Trial Period: Each engagement with 30kdesigns begins with a trial period lasting up to two weeks from the commencement date. This trial period is intended to allow the client sufficient time to assess the suitability and effectiveness of the services provided by 30kdesigns in meeting their specific requirements.
9.2. Continuation of Services: If, at the end of the trial period, the client is completely satisfied with the services rendered by 30kdesigns, the engagement will proceed. The client may choose to continue the engagement for a duration that aligns with their needs and objectives.
9.3. Satisfaction Guarantee and Refund Eligibility: In the event the client is not completely satisfied with the services provided by 30kdesigns at the conclusion of the two-week trial period, the client is entitled to request a full refund. To initiate a refund request, the client must inform 30kdesigns of their decision within seven days following the end of the trial period.
9.4. Refund Process: Upon receiving a refund request, 30kdesigns will process the refund promptly. The refund will be issued to the original payment method used by the client. All refunds will be completed within a reasonable timeframe, subject to processing times associated with financial institutions.
9.5. Limitation of Refund: This refund policy applies exclusively to the initial two-week trial period of an engagement. Any services rendered beyond this period will be considered accepted by the client and will not be eligible for a refund.
9.6. Modification of Policy: 30kdesigns reserves the right to modify this refund policy at any time. Any changes to the policy will be communicated to existing clients and will only apply to engagements initiated after the effective date of such changes.
9.7 Exceptions: In the event of the 30kdesigns being involved in a serious injury or sickness within the timeframe of this Contract, which would prevent the 30kdesigns from working on, and/or completing the Contract. In this situation, the 30kdesigns agrees to either return the Client’s payment, prorated from the day of injury or sickness through the end of this Contract, or the 30kdesigns agrees to add one (1) additional month of the 30kdesigns services in this Contract, at no additional cost to the Client, when the 30kdesigns is not injured or not sick, and is willing and able to return to work on the Contract.
9.8 This refund policy is legally binding and forms an integral part of the terms and conditions of engagement with 30kdesigns. By engaging with 30kdesigns, clients acknowledge and agree to the terms outlined in this refund policy.
Should Client request a refund during the first two weeks of use, all materials produced by 30kdesigns are ownership of the company and are prohibited from being used by the Client in any way. 30kdesigns reserves the right to take appropriate legal actions against Client for breach of this paragraph.
10. Modification
30kdesigns reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. 30kdesigns reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
11. Connection Interruptions
30kdesigns does not guaranty or warrant the Website will be always available and accessible. Issues with hardware, software or other items may result in interruption delays or errors beyond 30kdesigns’s control. Client agrees that 30kdesigns shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principals.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Palm Beach County, Florida or in the United States District Court for the District of Florida. 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.
14. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. 30kdesigns disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 30kdesigns makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and 30kdesigns assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of 30kdesigns’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. 30kdesigns does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
30kdesigns and 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 lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, 30kdesigns and 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. Notwithstanding the foregoing, 30kdesigns reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify 30kdesigns hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. 30kdesigns shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against 30kdesigns from any such loss or corruption.
17. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from 30kdesigns, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by 30kdesigns or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
30kdesigns reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and 30kdesigns, which in turn would void the right of 30kdesigns to share or discuss Client's work publicly.
19. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and 30kdesigns. Failure of 30kdesigns to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and 30kdesigns.
20. Contact Information
For any questions or complaints regarding the Website, please contact 30kdesigns at: hello@30kdesigns.com.
30kdesigns - Terms of Use
Last updated: 03/29/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between 30KSTRATEGY, LLC, a limited liability company organized under the laws of the state of Florida (“30kStrategy”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of 30kdesigns’s website: https://www.30kdesigns.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and 30kdesigns shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay 30kdesigns for services rendered shall remain and continue to be an ongoing obligation owed by Client to 30kdesigns.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of 30kdesigns and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by 30kdesigns and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without 30kdesigns’s express prior written permission. 30kdesigns reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding 30kdesigns’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s 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 30kdesigns to become the owner of a Project, in whole or in part, rather than Client, 30kdesigns irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to 30kdesigns as examples or as material to be incorporated into a project during the design process are owned by 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. 30kdesigns always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by 30kdesigns and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), 30kdesigns will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses. So long as 30kdesigns has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences because of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by 30kdesigns on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead 30kdesigns or other users;Interfere with, disrupt or create an undue burden on the Website or 30kdesigns’s networks or servers;Use the Website in an effort to compete with 30kdesigns; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of 30kdesigns’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm 30kdesigns; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of 30kdesigns and 30kdesigns is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. 30kdesigns shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”) and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against 30kdesigns for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversite
30kdesigns reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. 30kdesigns further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of 30kdesigns, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of 30kdesigns and shall be designed to protect 30kdesigns’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. 30kdesigns does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to 30kdesigns without parental consent, 30kdesigns shall delete that information as soon as reasonably practical.
9. Returns and Refunds
9.1. Trial Period: Each engagement with 30kdesigns begins with a trial period lasting up to two weeks from the commencement date. This trial period is intended to allow the client sufficient time to assess the suitability and effectiveness of the services provided by 30kdesigns in meeting their specific requirements.
9.2. Continuation of Services: If, at the end of the trial period, the client is completely satisfied with the services rendered by 30kdesigns, the engagement will proceed. The client may choose to continue the engagement for a duration that aligns with their needs and objectives.
9.3. Satisfaction Guarantee and Refund Eligibility: In the event the client is not completely satisfied with the services provided by 30kdesigns at the conclusion of the two-week trial period, the client is entitled to request a full refund. To initiate a refund request, the client must inform 30kdesigns of their decision within seven days following the end of the trial period.
9.4. Refund Process: Upon receiving a refund request, 30kdesigns will process the refund promptly. The refund will be issued to the original payment method used by the client. All refunds will be completed within a reasonable timeframe, subject to processing times associated with financial institutions.
9.5. Limitation of Refund: This refund policy applies exclusively to the initial two-week trial period of an engagement. Any services rendered beyond this period will be considered accepted by the client and will not be eligible for a refund.
9.6. Modification of Policy: 30kdesigns reserves the right to modify this refund policy at any time. Any changes to the policy will be communicated to existing clients and will only apply to engagements initiated after the effective date of such changes.
9.7 Exceptions: In the event of the 30kdesigns being involved in a serious injury or sickness within the timeframe of this Contract, which would prevent the 30kdesigns from working on, and/or completing the Contract. In this situation, the 30kdesigns agrees to either return the Client’s payment, prorated from the day of injury or sickness through the end of this Contract, or the 30kdesigns agrees to add one (1) additional month of the 30kdesigns services in this Contract, at no additional cost to the Client, when the 30kdesigns is not injured or not sick, and is willing and able to return to work on the Contract.
9.8 This refund policy is legally binding and forms an integral part of the terms and conditions of engagement with 30kdesigns. By engaging with 30kdesigns, clients acknowledge and agree to the terms outlined in this refund policy.
Should Client request a refund during the first two weeks of use, all materials produced by 30kdesigns are ownership of the company and are prohibited from being used by the Client in any way. 30kdesigns reserves the right to take appropriate legal actions against Client for breach of this paragraph.
10. Modification
30kdesigns reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. 30kdesigns reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
11. Connection Interruptions
30kdesigns does not guaranty or warrant the Website will be always available and accessible. Issues with hardware, software or other items may result in interruption delays or errors beyond 30kdesigns’s control. Client agrees that 30kdesigns shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principals.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Palm Beach County, Florida or in the United States District Court for the District of Florida. 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.
14. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. 30kdesigns disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 30kdesigns makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and 30kdesigns assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of 30kdesigns’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. 30kdesigns does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
30kdesigns and 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 lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, 30kdesigns and 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. Notwithstanding the foregoing, 30kdesigns reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify 30kdesigns hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. 30kdesigns shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against 30kdesigns from any such loss or corruption.
17. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from 30kdesigns, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by 30kdesigns or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
30kdesigns reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and 30kdesigns, which in turn would void the right of 30kdesigns to share or discuss Client's work publicly.
19. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and 30kdesigns. Failure of 30kdesigns to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and 30kdesigns.
20. Contact Information
For any questions or complaints regarding the Website, please contact 30kdesigns at: hello@30kdesigns.com.
Copyright ©30kdesigns, 2023
Headquartered in Miami, FL, USA
30kdesigns is a part of 30kstrategy LLC, a boutique software design agency for government organizations and enterprise companies.
"Quality means doing it right when no one is looking." - Henry Ford
* Certified UX expert by NN/g. Certified Usability Analyst by HFI.
** Certified Behavioral Design Specialist. We use the psychology of decision-making to create innovative solutions that drive change.
Copyright ©30kdesigns, 2023
Headquartered in Miami, FL, USA
30kdesigns is a part of 30kstrategy LLC, a boutique software design agency for government organizations and enterprise companies.
"Quality means doing it right when no one is looking." - Henry Ford
* Certified UX expert by NN/g. Certified Usability Analyst by HFI.
** Certified Behavioral Design Specialist. We use the psychology of decision-making to create innovative solutions that drive change.
Copyright ©30kdesigns, 2023
Headquartered in Miami, FL, USA
30kdesigns is a part of 30kstrategy LLC, a boutique software design agency for government organizations and enterprise companies.
"Quality means doing it right when no one is looking." - Henry Ford
* Certified UX expert by NN/g. Certified Usability Analyst by HFI.
** Certified Behavioral Design Specialist. We use the psychology of decision-making to create innovative solutions that drive change.
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Headquartered in Miami, FL, USA
30kdesigns is a part of 30kstrategy LLC, a boutique software design agency for government organizations and enterprise companies.
"Quality means doing it right when no one is looking." - Henry Ford
* Certified UX expert by NN/g.
Certified Usability Analyst by HFI.
** Certified Behavioral Design Specialist. We use the psychology of decision-making to create innovative solutions that drive change.