Terms & Conditions
Last Updated: August 2022
A legal agreement has been made between you and Tecvak (also known as "tecvakdesign.com" or "we") through these Terms of Service (Also “Terms of Use” or “Terms and Conditions”).
You consent and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound by these Terms and agree to comply with all of the terms and conditions of use set forth herein by accessing the tecvakdesign.com website ("tecvakdesign.com"), opening an account, and/or using its services and its designs, applications, software, scripts, and any related documentation (this information and Website collectively, the "Services"). So take note. We retain the right to terminate your access to the Website and Service and pursue all other available legal remedies if you violate these Terms
You agree that you have read and understood our privacy statement by using the Website or services. Our Privacy Policy shall take precedence over these Terms to the extent of any conflict.
The Terms of Service listed here as well as our Privacy Policy, which is available on our website here, are included in these Terms.
I. General Conditions
- What We Offer: We are creative design professionals whose aim is to make industry-defining, pace-setting, and eye-catchy designs not limited to graphics, presentations, ui/ux, web-design, stationeries, logos, etc tailor-made for you(individual or companies). The kind of designs that inspires possibilities and advancement, opening doors to opportunities that delivers good impact on brands
- Eligibility for Use of Our Services: You are only permitted to use the Services if you are (i) eighteen (18) years old and above and (ii) legally able to enter into a binding contract.
- Service Refusal: For any cause at any time, including but not limited to violations of these Terms, reasonably suspected service misuse, or worries about real or suspected unauthorized access or security breaches, we reserve the right to reject Services to anybody
- Service Order: The Buyer is responsible for providing detailed information to our Service Requirement's Briefing (through the Order Requirement Form).
- The Buyer shall review and respond within 3-days of service delivery when Tecvakdesign.com delivers the Designs to the Buyer as requested. After 3-days of design delivery without response, the Buyer will be considered to have accepted the Designs and order will be automatically marked as completed and final files sent.
- If the buyer notifies Tecvakdesign.com that the design given does not, in the buyer's opinion, appropriately address the request, the buyer must specify what needs to be changed or revised about the original delivered designs. The Buyer will receive an updated design based on the specified revisions after the revision request.
- Incorporating requested changes and modified file(s) as requested by the Buyer in the Revision Brief makes up the Revision Phase. The purpose of the revision process is to create designs that meets the Buyers satisfaction. Tecvakdesign.com offers Unlimited Revisions to Buyer.
- An email notification of the expiration of the 1 year of free website maintenance, hosting, and domain included in some packages will be sent to the buyer together with an invoice for a subscription renewal.
- Changes to the domain name after the first purchase will incur an extra price, and an invoice for payment will be sent.
- he Buyer commits to reply Tecvakdesign.com promptly after receiving status notifications from Tecvakdesign.com. Following the delivery of the requested service, the Buyer has three (3)days to respond or request a revision. The Project shall be regarded to be approved and completed and the final files uploaded if three (3 )days (i.e 72 hours) pass without a response. At that point, Tecvakdesign.com won't be liable to the Buyer any more. In extremely rare situations of emergency, if the buyer believes it will take more than three (3) days to respond, the buyer must notify Tecvakdesign.com by email, direct message, or live chat in order for Tecvakdesign.com to maintain the project status "Active".
- Definitions: “Information” includes any data, text, graphics, music, sound, photos, animations, logos, HTML files, software, videos, designs, images, content, content submissions, source files, communications, and the compilation thereof that you submit or transmit to, through, or in connection with the Website and Tecvak Services, including, without limitation, information that you publicly displayed in your account profile, including User-generated content.
- “Tecvak Information" refers to all information that we produce and make available in connection with the tecvakdesign.com and our Services, including data, text, graphics, music, sound, photographs, logos, animations, source code, source file, object code, HTML files, software, videos, designs, images, content, and communications.
- "Third-Party Information" refers to information, including but not limited to, data, text, graphics, music, sound, photographs, logos, animations, source code, object code, HTML files, software, videos, designs, images, content, and communications that is created by parties other than you or us and is made available or published on the Website or relating to Tecvak Services.
- “Intellectual Property Rights” is used to refer to copyright, trademarks, trade dress, patents, trade secrets, unfair competition, rights to privacy and publicity, moral rights, and other property rights.
II. Non-Transferable, Non-Exclusive License To Use Our Website & Services
- (a) As long as your use of our website and services does not violate the provisions of these Terms or Privacy policy, including our intellectual property rights or the intellectual property rights of others, Tecvak hereby grants you a limited, revocable, non-exclusive, non-transferable license to use our website and services and to view, and print Tecvak Information on the website and from the services for your personal and limited commercial purposes.
- (b) Tecvak maintains the right, at any time and in our sole discretion, to limit your access to the Website, the Services, and/or the licenses hereof.
- (c) Tecvak maintains the right to change or cancel any feature(s) related any of our service at any time, with or without prior notice, and for any cause, including carrying out maintenance, upgrades, or repairs.
- (d) The Tecvak Website, Information, and Services continue to be the sole property of Tecvak. All rights are reserved by Tecvak Designs
III. User Generated Content & Your Information
- As a Buyer, you agree to register for an account and to provide us with accurate, complete, and up-to-date information. You also agree not to create an account for fraudulent or deceptive purposes. Your password's security and confidentiality are your sole responsibility, as is any activity on your account. We are will not to be hold responsible for activity on your account and your Information does not represent Tecvak Design opinion. The user who posted or generated the content is solely responsible for it and any repercussions of using, disclosing, storing, or transmitting it.
- Tecvak does not review user uploaded/made content for appropriateness, infringement of copyright, trademarks, or other rights. All content uploaded to Tecvak Designs by our users is User Generated Content. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Website.
- You guarantee and represent that the information provided will not violate any applicable local, state, federal and international laws: the creation, distribution, transmission, public performance, access, downloading, and copying of your Information does not and will not violate any proprietary rights, including but not limited to copyright, patent, trademark, trade secret, moral rights, and any other right of any third party, including privacy or publicity right.
- Every identifiable person in the Information has given their written consent, release, and/or permission for you to use their name or likeness in order to include and use the Information in the ways that are intended by this website and its services.
- You grant Tecvak Designs an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, fully-paid right and license to use and distribute such Information (including, without limitation, your name, image, and voice, logo) for the purpose of promoting the Website and/or Services by uploading your Information to any part of the Website and/or Services. You also represent and warrant that you have the right to grant this license. Any form, media, or technology covered by this use and distribution agreement will allow us to use your name, the name of your business or franchise, if applicable, as well as any trademarks, service marks, trade names, logos, and any private or public photographs you supply.
- As between us and you, subject to the rights given to us in these Terms, you retain complete ownership of all of your Information and any Intellectual Property Rights or other proprietary rights connected to your Information. Tecvak does not claim any ownership over your Information. Tecvak reserves the right to (i) pre-screen or delete any Information that is deemed inappropriate or otherwise in violation of these Terms, as well as the right to I remove, edit, redact, or otherwise change any Information, (ii) re-categorize any Information to place it in more appropriate locations.
- Tecvak does not endorse any of your Information or Third-Party Information submitted to us before, during and after the design process.
- You certify that you have the necessary authorizations, rights, and/or licenses to offer, sell, or resell your service and that you are entirely liable for any service delivered as a result of using our website.
- Everyone is encouraged to report violations along with relevant ownership documentation. Content that is deemed to be unlawful may be deleted or disabled. Tecvak will make reasonable attempts to look into notifications of suspected infringement, even though we are under no need to watch over Website activity and we don't assume that responsibility either. In accordance with applicable laws, Tecvak will take necessary action if it reasonably believes there has been an infringement. This action may include removing or blocking access to the allegedly infringing content and/or cancelling accounts and access to the Website
- Please take note that it is our policy to disable and/or terminate the accounts of individuals who repeatedly violate our terms of service in the proper circumstances.
- It should be noted that by using our Services, you hereby provide Tecvak your informed consent to handle your Personal Information for the reasons and under the conditions outlined in our Privacy Policy.
IV. Acceptable Use
- You consent to not alter, reverse-engineer, or otherwise tamper with or give others misleading information about our Services.
- Without the express written authorization of Tecvak, you shall not copy, or monitor any portion of the Website or any of its content using any scraper, robot, bit, spider, data mining, code, or other automated device, program, tool, algorithm, process, or methodology.
- You agree not to willfully upload, post, or transmit any disruptive code, or technology that could be used to interfere with the functionality or operation of the Website or Services, such as harmful code, malware, viruses, or self-replicating computer programs.
- You acknowledge that you will only use the Services for legitimate purposes, not illicit or unethical ones.
- You consent to refrain from violating either our or Tecvak's or third parties' intellectual property rights
- The use of the Services for any harmful, offensive, or immoral purposes is prohibited, and you also undertake not to harass, abuse, insult, hurt, defame, slander, disparage, intimidate, or discriminate against any protected class or individual.
- You hereby promise not to provide any information that is untrue, incorrect, incomplete, or deceptive.
- You acknowledge that using the Services in violation of any local, national, regional, or international laws, rules, or regulations is prohibited.
- You accept not to use the Services, Tecvak Information and/or Third-Party Information in ways that will violation of any of these Terms or the Privacy Policy.
V. Security & Confidentiality
- Tecvak will use needful measures to guard against unauthorized access to any protected or confidential Information.
- Except as provided herein, you agree to keep all sensitive and protected information confidential and not to disclose it or use it for any purpose other than to carry out your obligations under these Terms.
- You are in charge of keeping your account log-in details secure, as well as the completeness and accuracy of the information you provide Website with
- If you think any of your information has been compromised or could affect your account information or the Services, you must let us know right away.
VI. Intellectual Property
- Tecvakdesign.com Information is the exclusive property of Tecvak and its licensors and is either used in accordance with the principles of fair use or is covered by U.S. and international copyright and other intellectual property laws. Except for the rights expressly given to you in these Terms, Tecvak and its licensors retain all rights with regard to the information on Tecvakdesign.com or your information.
- Except for uses that are not competitive with or defamatory to us, you may download and print Tecvak Information as long as all copyright or other proprietary notices are left intact. Tecvak Information may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any way, in whole or in part. This restricted consent may be revoked at any time, so please be aware of that.
- Without the prior written consent from us, our affiliates, or the licensors from whom we license content, as applicable, none of the copyrighted images or trademarks on the Website may be duplicated, imitated, or utilized in whole or in part. Page headers, customer graphics, button icons, and scripts are all protected by copyright. These elements are also service marks, trademarks, and trade dress of us, our affiliates, or our licensors, and they cannot be copied, imitated, or used in whole or in part without the prior written consent of the relevant party.
VII. Record Retention
- We advise you to frequently backup your information. We do not guarantee your detail and other information you provide will be backed up.
VIII. Payments, Refunds, Charges
- Payment Method. By placing an order, the buyer enables Tecvak to deduct the service fees from the payment method they have chosen. By using any payment method and/or providing payment details, you represent and warrant that: (a) you are legally able to provide such information; (b) you are able to make payments using the payment method(s); (c) if you are an employee or agent of a business or person that owns the payment method, you are permitted to use the payment method to make payments to Tecvak by that business or person; and (d) such actions do not contravene any law.
- Payment: Any service that the Buyer orders must be paid for upfront using one of the preferred payment options offered by Tecvakdesign.com. The chosen Package(s) will be invoiced to the Buyer. All information required to begin the design process will be provided by the Buyer to Tecvakdesign.com.
- If the Buyer is dissatisfied with the designer handling his order at the moment, he may ask for the order to be transferred to another designer.
- Service fees and charges. Buyer shall pay Teckvak accrue charges or fee based on desired service or package(s) selected by buyer in the order page (the "Subscription Fee" and "Subscription," respectively), or the agreed-upon custom offer sent for a particular service. The fees or charges are subject to change at any moment, and any such change will take effect upon renewal. Tecvakdesign.com maintains the right to do so. All fees must be paid in advance unless otherwise specified in writing.
- Non-cancelable and Non-refundable. There are no refunds or cancellations for the Service Fee or Charges. Unless Tecvakdesign.com terminates or ends your Contract for a cause other than your breach or non-execution, any payment made will not be subject to a refund if the initial design and concepts have been delivered and approved or a revision is requested. We aim for complete customer satisfaction, hence we will continue to make corrections until we achieve it. Your Satisfaction is Our Priority! However, you can request a refund from Tecvak. All refund claims must adhere to our Refund Policy. The Service Fee is not cancelable nor refundable in any other circumstances than those specified in this section. See our Refund Policy.
- Taxes. Taxes (including without limitation, value added tax, sales tax, excise, goods and services tax, etc.), levies, or duties that may be levied with regard to the Services are not included in the service, charge, or fee.
- Promotions and Discounts. If the buyer got a special discount or other promotional offer, unless explicitly stated otherwise, the buyer understands that it applies to that particular order and that the subsequent order will renew at the full applicable fee or charges.
- Order Forms. If you complete, execute, and submit to Teckvak an ordering document in the form that was provided to you by Teckvak (hereinafter referred to as a "Sales Order"), Teckvak may agree to offer you exceptional Service conditions. The kind, description, and related costs for the Services being ordered are all specified in each Sales Order. Sales orders will only be legally binding after being accepted in writing by Tecvak.
- Unless a Sales Order specifically states otherwise, these Terms shall control in the case of a discrepancy between these Terms and a Sales Order. The provision of any service or commodity that is not specified in the relevant Sales Order shall not be the responsibility of Tecvak. To be clear, these Terms nevertheless apply even in the absence of a Sales Order if you are using the Services on ordinary terms as described on the Website.
IX. Communications
- Electronic Communications. You accept to receiving notices, disclosures, electronic records, and other communications from us, our affiliates, and third-party providers by email, chat options, SMS, social media platforms, chat rooms, and/or traditional mail as we see fit. Updating your contact information with us is your duty. You acknowledge that any correspondence sent to an email address you've updated will be regarded as delivered if it is sent to the email address we have in our records with electronic confirmation of receipt.
- Email. You submit your name, email address, and password when you set up an account as a Buyer. You accept that Tecvak will email you occasionally with our marketing communications. You can decide not to get our promotional emails by simply unsubscribing from those emails. Regardless of your settings, Tecvak will email you under certain circumstances including: to advise you on the status of your Order especially if you have not responded to communication regarding your placed order
- Chat. With the help of Tecvak direct messaging, Buyers can communicate with Project Managers directly. Those messages remain between the Project Manager and the Buyer. The content and tone of these communications are not under the control of Tecvak, who is also not accountable for them.
X. Social Media
- Tecvak enables you to seamlessly create profile using your social media accounts from Tecvakdesigns.com Signup page. This functionality is provided for your convenience so that you can readily signup. Tecvak does not control your social media accounts nor have any access to those accounts.
- Your log-in details won't be used by Tecvak to change your social media profiles. Tecvak has no affiliation with the various social media platforms, does not work in partnership with them, and has no influence over how they utilize your data. These social media platforms have their own set of rules and terms Before choosing to use a single login, please take the time to carefully consider those. You may change your social media links in the account settings of your profile and account.
XI. Third Party Websites
- Links to other websites are available on the website. We disclaim all responsibility for verifying the authenticity or accuracy of any other website's content, and we disclaim all liability and duty for any other party's or third party's websites, materials, products, or services. Any loss or damages resulting from the use or purchase of products, services, resources, material, or any other transactions made in connection with the websites of third parties are not our responsibility. Before engaging in any transaction, please carefully review and ensure that you understand the policies and practices of any other party's website. Any claims, grievances, queries, or issues relating to third parties should be addressed to those parties.
XII. Limitation of Liability
- Under any contract, negligence, strict liability, or other theory, Tecvak will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including, without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of our website or services, or the use of our services by any third party (including a Buyer or website user).
- We won't be responsible for any losses of any kind brought on by your or third part's use of—or inability to utilize—our website or services.
- We won't be held responsible for any illegal access to, use of, or disclosure of any information about you that is kept, managed, or in the possession of any third party. This includes any security breach involving information about you that a third party may have.
- Our maximum liability for all losses, whether in contract, tort (including negligence), or otherwise, will be the total amount, if any, of fees, paid by you to us in the 1 months preceeding the occurrence giving rise to such liability or fifty dollars, whichever is greater. If you reside in a jurisdiction where such limits are prohibited, some or all of these limitations may not apply to you.
- Any claim you make against us must be made no later than one (1) month after the date of the cause of action giving rise to it such claim first arosed.
XIII. Indemnification
- You agree to defend, indemnify, and hold Tecvak harmless from any and all third-party claims, actions, demands, costs, and expenses, including attorneys' fees, arising from your use of this website and our services, claims that Tecvak, its subsidiaries, and affiliates have used information that might violate a third party's intellectual property rights, and any illegal or improper actions taken by you or anyone with access to your account while using our website and our services.
- You agree to cooperate with us in advancing any applicable defenses in the event that we exercise our right to exclusive control and defense of any matter that would otherwise be subject to indemnification by you. Without our prior written approval, you are not permitted to resolve any legal disputes or claims on our behalf.
XIV. Errors, Inaccuracies, and Omissions
- Typographical mistakes, inaccuracies, or omissions that may pertain to us may appear in the Website or in our Services. Even if you have provided Information, we reserve the right to change or rectify any such errors at any time without prior notice and/or to stop providing the Service altogether.
XV. Disclaimer of Warranties
- We make no promises regarding the continuity, accuracy, or compatibility of this website's operations with any software, hardware, or other devices, including computers. The website is offered "as is," together with any accompanying services. We do not guarantee that the services will be error-free, uninterrupted, or that they will produce the desired outcome.
- We do not guarantee or indicate that the material displayed is accurate or that our third-party service providers have provided their services in a correct, legitimate, or ethical manner.
- With regard to any of our services, we expressly disclaim any warranties of any kind, whether they be express, statutory, or implied, including but not limited to the warranties of merchantability, appropriateness for a particular purpose, title, and non-infringement of third parties' rights.
XVI. Miscellaneous
- Complete Agreement. Any changes to these Terms must be made in writing or according to the other provisions of this Term, which are not subject to change. Ambiguities must not be used against the drafter in any way.
- Modification. The Terms are subject to modification at any moment deem fit by Tecvak. The revised Terms will be uploaded here. The features of this website and the services offered are subject to change at any time, at Tecvak's discretion. In the event that you violate any of the conditions of these Terms, Tecvak maintains the rights to limit your account, cancels it, or terminate it for any reason in Tecvak's sole business discretion.
- Assignment. Except for when we may assign our rights or delegate any of our obligations to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets, neither party may assign any of its rights or obligations under this agreement without the other party's prior written consent.
- Disputes. Any disputes relating to these Terms and our relationship (whether the claims are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether they arise during or after the termination of these Terms) shall be addressed by giving the other party Thirty (30) days' notice in order to try to cure or resolve the dispute.
- After the initial ten (10) day notice period has passed, the parties will try mediation within thirty (30) days. A side may request judicial intervention if mediation is ineffective (this is referred to as a "Action" collectively).This dispute resolution procedure only deviates if injunctive relief is required.
- You further accept that merging individual processes without the approval of all parties is not permitted, nor are class actions, class-wide arbitration, private attorney general actions, or any other proceedings where someone acts in a representative role.
- No Beneficiaries of Third Parties. These Terms do not benefit any third parties.
- Severability. If a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, such invalidity or unenforceability shall not impact, impair, or render invalid or unenforceable any other term of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that most closely expresses the intention of such invalid or unenforceable provision.
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