Terms and Conditions

Effective Date: 09/20/2024

Email: hello@becausedesign.co

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Because Design (operated by Emerald Hawk Designs LLP), a limited liability partnership registered in Bulandshahr, Uttar Pradesh, India (“Company,” “We,” “Us,” or “Our”), and the client, whether acting personally or on behalf of an entity (“Client” or “You”), regarding the use of the website: becausedesign.co (the “Website”), as well as any related services, media, or applications.

By accessing the Website or engaging with any of the services offered by Because Design, you agree to comply with these Terms. If you do not agree with all of these terms, you must immediately discontinue your use of the Website.

  1. Intellectual Property Rights

    Unless otherwise stated, the Website, its content (including but not limited to text, images, graphics, designs, databases, and source code), and the trademarks, logos, and service marks (the “Marks”) are owned by Because Design and are protected by copyright and trademark laws in India, as well as international conventions. All such content and Marks are provided "As-Is" for your personal, non-commercial use only. You may not copy, reproduce, distribute, transmit, or otherwise exploit the content or Marks for any commercial purpose without the prior written consent of Because Design.

  2. Ownership of Materials

    Upon full payment, all design work, projects, and original source files created by Because Design for the Client (“Projects”) become the sole property of the Client. In the event that any operation of law would make Because Design the owner of a Project, we irrevocably assign all rights to the Client without limitation.

    The Client guarantees that any materials they provide to Because Design for use in a project are their own intellectual property or licensed for use. The Client is responsible for ensuring that such materials do not infringe on any third party’s rights.

    Because Design reserves the right to showcase completed design work publicly on our portfolio, website, and social media unless otherwise agreed upon in a separate Non-Disclosure Agreement (NDA).

  3. Third-Party Fonts and Assets

    If any project incorporates third-party fonts, assets, or materials that require commercial licenses (e.g., fonts, stock images), Because Design will notify the Client in writing. It is the Client’s responsibility to purchase the necessary licenses for any third-party assets used in the final deliverables. Because Design assumes no liability for any unlicensed use of third-party materials by the Client.

  4. User Representations

    By using the Website, you represent and warrant that:

    • You have the legal capacity to agree to these Terms.
    • You are not a minor under the jurisdiction of your residence.
    • You will not use the Website for illegal or unauthorized purposes.
    • Your use of the Website complies with all applicable laws and regulations.

  5. Prohibited Activities

    You agree not to engage in any of the following activities:

    • Use the Website for any purpose other than those permitted by Because Design.
    • Circumvent, disable, or otherwise interfere with security-related features of the Website.
    • Use the Website to compete with Because Design or harm its reputation.
    • Reverse engineer or attempt to discover the source code of the Website.
    • Upload or transmit malicious software, such as viruses or Trojan horses.
    • Engage in any activity that imposes an unreasonable load on the Website's infrastructure.

  6. Client Feedback and Submissions

    Any suggestions, feedback, or submissions provided by the Client to Because Design are deemed to be non-confidential and will become the sole property of Because Design. We reserve the right to use such feedback without any obligation to compensate the Client.

  7. Payment Terms

    Because Design operates on a full upfront or subscription payment model, depending on the scope of work. Payment terms will be outlined in the invoice provided to the Client. All payments must be made in accordance with the terms specified.

    No Refunds: There will be no refunds for any services rendered, as all payments are considered final once work begins. Any outstanding payment obligations from the Client must be fulfilled, even after the termination of services.

  8. Service Interruption

    Because Design does not guarantee uninterrupted access to the Website or its services. Service interruptions due to technical issues, maintenance, or unforeseen events may occur, and Because Design is not liable for any disruptions or losses arising from such interruptions.

  9. Modifications to the Website and Services

    Because Design reserves the right to modify or discontinue the Website or any part of its services at any time without prior notice. We will not be held liable for any changes, updates, or discontinuation of services.

  10. Limitation of Liability

    To the fullest extent permitted by law, Because Design and its partners, affiliates, employees, or contractors will not be liable for any indirect, incidental, or consequential damages arising from your use of the Website or services. This includes loss of revenue, data, or business opportunities.

  11. Indemnification

    You agree to indemnify and hold Because Design, its affiliates, officers, employees, and contractors harmless from any claims, losses, or damages arising from your use of the Website or violation of these Terms.

  12. Governing Law and Jurisdiction

    These Terms are governed by and construed in accordance with the laws of India, specifically under the jurisdiction of Bulandshahr, Uttar Pradesh. Any disputes arising from these Terms shall be resolved exclusively in the courts of Bulandshahr, Uttar Pradesh.

  13. Electronic Communications

    By using the Website, you agree to receive electronic communications from Because Design. You acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

  14. Termination

    We reserve the right to terminate or suspend access to the Website or services at any time, with or without cause, and without prior notice. Upon termination, all rights granted under these Terms shall cease, and any outstanding payment obligations must be fulfilled.

  15. Changes to Terms and Conditions

    Because Design reserves the right to revise or update these Terms at any time. Any changes will be posted on this page with an updated effective date. Continued use of the Website after such changes constitutes your agreement to the revised Terms.

  16. Miscellaneous

    These Terms constitute the entire agreement between the Client and Because Design. Failure by Because Design to enforce any part of these Terms will not be considered a waiver of any right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be in effect.

  17. Contact Information

    For any questions or concerns regarding these Terms and Conditions, please contact us at:

    Email: hello@becausedesign.co

    Website: becausedesign.co