Term of Use
TERMS OF SERVICE
OVERVIEW
This website is operated by Platinum Design Agency. Throughout the site, the terms “we”, “us” and “our” refer to Platinum Design Agency. Platinum Design Agency offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you engage in any services with Platinum Design Agency, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS, REFUND POLICY, CLAIM REFUND, COMMUNICATION POLICY, N.D.A. & REPUTATION MANGEMENT POLICY, DELIVERY POLICY, QUALITY ASSURANCE POLICY
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
REFUND POLICY
Platinum Design Agency offers a 100% Refund on all its design services; however it is not an unconditional 100% refund and certain conditions still apply.
Platinum Design Agency’s Refund Policy will be Voided if; It meets these criteria below.
You have chosen a special or a custom package.
The primary design concept (for any service) has been approved.
The Logo has been finalized.
The website has been designed, developed and deployed live.
You have demanded revisions.
The cancellation has been made due to reasons non-related to the project.
The company has not been contacted for more than 2 weeks.
Company’s policies, or policy, have been violated.
Other company or designer has been approached for the same project.
The creative brief is lacking in required information.
A complete design change has been demanded.
The claim has crossed the given ‘request for refund’ time span.
The business is closing or changing name or business.
Reasons such as ‘change of mind’, ‘disagreement with partner’ or other reasons that do not pertain to the service will not be subject to refund under any circumstances.
Once a client has accepted multiple sets of revisions (for any service),
The client may be entitled to claim 50% of the refund after discussion with their Project Manager.
The refund approval will be at discretion of Platinum Design Agency's Management.
Management's decision on the matter will be final.
If a client subscribes for a service bundle and happens to be dissatisfied with a particular service, refund will only be applicable on that particular service and ‘not’ the entire bundle.
Cancellations of orders prior to project initiation due to reasons unrelated to the design service itself for any number of reasons will be subjected to a 33% cancellation administrative fee.
Note: Platinum Design Agency hold all the rights to reject any project or cancel the contract whenever it deems necessary. After the refund, you will not have any rights to use the designs for any purpose; they will be the sole property of Platinum Design Agency. The company will be the rightful owner of the designs.
Services not related to design services are not eligible for refunds under any circumstances. They are not covered under our 100% money back guarantee. If such a service is acquired as part of a Package Deal of any kind, they cannot be used to request a refund on the entire package. Examples of such services are as follows:
Copyrights Protection Certificates.
Website & Emails Hosting Services.
Website SSL Certificates
Website Domain Purchase.
Website Maintenance Plans.
Website SEO Plans.
Social Media Marketing
Google AdWords Campaigns
For services that are not covered under the 100% refund policy in case of dissatisfaction the Platinum Design Agency management after review the project may choose to offer a partial refund to the client.
CLAIM YOUR REFUND
To claim your refund, please follow the following steps
Please contact us by filling the Form Request refund Form
Sending us an Email: info@platinum-design-agency.com to initiate a refund.
As soon as we receive your refund request, we will respond to it at our earliest, once the required analysis is completed, we will initiate the process according to our refund policy stated above.
To cancel a project prior to project initiation due to reason unrelated to the service itself the refund request must be made within 24 hours of order placement in order to receive a full refund. Failing to do so will cause in receiving a service fee charge if a cancellation is requested after the initial 24 hours.
After you have received your refund, you will not have any rights to any designs submitted by Platinum Design Agency, unless mutually agreed with by the company and the customer through written communication. The information will be submitted the Copyright Acquisition of the Government Copyright Agencies to maintain legality.
COMMUNICATION POLICY
All Feedback requests or Revisions Requests, Refund Requests or any other instructions that pertain to the order need to be done through the Clickup Project management platform in order to be considered official.
Platinum Design Agency will not be responsible for any communication done via any other platform than Clickup Project Management or any phone numbers not provided by us or given on our official website.
Emails Sent back and forth through official emails that is "...@Platinum-Design-Agency.com" are to be only considered forms of valid communication.
We are not responsible for any damages, issues or delays caused due to contacts made through means of communication not provided by us.
We take full responsibility of all the information provided through our official domains.
100% Satisfaction Guarantee
We rework the ordered design and keep on revising it until you are 100% satisfied (depending upon your package).
N.D.A. & REPUTATION MANGEMENT POLICY
Platinum Design Agency, does not share the customer information with regarding their project or contact details with anyone. The client's person and project information is kept confidential at all points.
Once the project is completed successfully. Both parties Platinum Design Agency and The Client agree not to intentionally defame or otherwise disparage the other with respect to matters arising after project completion.
Once the project is completed successfully. Each Party agrees to refrain from (and Platinum Design Agency shall take reasonable steps to cause its officers and directors to refrain from), either directly or indirectly, hereafter making any defamatory comments of any type or nature whatsoever to anyone about the Client (and in the case of the Company, its employees, officers, directors, agents, consultants, affiliates, investors or business partners).
DELIVERY POLICY
The complete order will be sent to the mentioned account on the date stated on Order Confirmation as well as a confirmation email will also be sent.
The turnaround time will be according to the package, the minimum time required is 3-4 business days.
Websites will only be made live once all dues have been cleared. Under no condition a website will be made live if there are any kind of dues outstanding.
In case of an urgent or rush order, contact our customer support team.
QUALITY ASSURANCE POLICY
Platinum Design Agency will do its best to meet your requirements and our designers do their best to fulfill your expectations. We believe in providing best designs and each of our designs is well researched and well crafted.
100% SATISFACTION GUARANTEE
Our unlimited revisions policy is to make sure that you are 100% satisfied.
We aim at exceeding your expectations and strive to accomplish it.
We do not stop our revisions until you are completely satisfied with your design (number of revisions will be according to your package).
TURN AROUND TIME
Platinum Design Agency has 3-4 days turnaround time for most Logo design services. This is not the complete time from start to finish for a project, only the turnaround time for a single iteration of a design stage. Depending on the kind of service the time required for revisions could be a minimum of 72 hours, this time means 3 working days, For example:
Logo Orders placed or Revisions Requested on a Monday will be delivered by Thursday
Logo Orders placed or Revisions Requested on a Friday will be delivered by end of day Wednesday.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Any hours in retainer agreements do not carry over – it is up to the discretion of Platinum Design Agency whether they honor these hours after the period has ended. This decision can be revoked at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING, ACCOUNT INFORMATION AND PAYMENT TERMS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to give accurate billing information for the generation of the initial invoice for the non-refundable deposit for services rendered. Any delay in payment caused by inaccurate information given will cause a delay in services delivered and Platinum Design Agency will not be held responsible.
You agree to pay all invoices in a timely manner. Any invoices which are not paid on time are subject to interest and administration fees. Any invoice outstanding more than 30 days will subject to a penalty of $50 or 1.5%, whichever is the greater. Any invoice outstanding more than 60 days will be subject to a penalty of $150 or 3.5%, whichever is the greater. Further delays will see the invoice be sent to a debt collection agency and a further $150 penalty will be added onto the invoice and interest will be accrued at 1.5% compound interest per month.
All retainer agreements require payments to be paid in full before any work is started. A direct debit should be started at the start of the retainer period to ensure timely payment. Work may be delayed should payment be late. Platinum Design Agency does not take any responsibility for delay to work caused by late payments. All retainer payments are non-refundable.
Invoices can be passed onto a debt collection agency as soon as it is overdue and does not need to exceed the 60-day limit.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may recommend third-party themes or plugins when building websites and should you agree to these recommendations, it is your responsibility to purchase the correct licenses for these products. We may provide themes or plugins for testing but once the website has been transferred to your live domain, you will need to purchase the license for any premium theme or plugin we do not hold a developer license for.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
All our deliverables must be checked for errors, inaccuracies or omissions before being signed-off. Once confirmed, any problems due to errors do not fall under our responsibility. For print products, we will not be responsible for the time and costs involved in re-printing materials if mistakes are found after the sign-off.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Platinum Design Agency, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Platinum Design Agency and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. Up until we receive written confirmation of this, the contract is deemed to be valid.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any deposit paid for services is non-refundable. In the event of a termination and if the deposit does not cover the cost of work done up to and including the date of the termination, you will be subject to additional costs.
Any unpaid fees can and will be subject to interest in accordance with UK law. If fees cannot be retrieved, the debt will be passed onto a debt recovery agency. Once your debt has been passed on, you will be liable for all administration fees, debt collection agency fees, interest and any further legal fees incurred.
SECTION 17 – CONTRACTORS
Platinum Design Agency reserves the right to use contractors for both client work and their own. The rate of the contractor will be pre-determined before any work is done. Payment can be done on a per project or per hour basis.
Platinum Design Agency does not take any responsibility for any taxes of contractors and the necessary paperwork should be filed to HMRC themselves. Contractors can request reasonable expenses to be reimbursed, which must be pre-approved before payment.
Platinum Design Agency reserves the right to refuse payment to any contractors who breach a contract and seek damages if there is a loss of earnings. There is no notice period for termination and contractors are not entitled to any holiday or sick pay.
A breach includes, but is not limited to, missed deadlines, disclosure of confidential information, breach of white-label agreement and misrepresentation of skills. Contractors all enter an immediate non-disclosure agreement when working with Platinum Design Agency and any information put on social media or in the public domain will be removed via legal action.
Contractors agree to delete any files and not store client information on their devices and comply with GDPR regulations.
SECTION 18 – HOSTING
Website hosting provided by Platinum Design Agency is under the Krystal brand. Any GDPR measures taken fall under theirs.
By taking out a package under Platinum Design Agency rather than directly at Krystal, Platinum Design Agency will manage the hosting and help with any technical problems included in the price.
Upon cancelling your contract with Platinum Design Agency, you will lose access to your files immediately and you are responsible for all loss of information. We give a 24 hour grace period where we keep your account active to retrieve any further information required. You will be receive an email notifying you of this period.
Once files have been removed from the server after a termination, Platinum Design Agency is no longer responsible for any data.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, 1968 S Coast Hwy, #1071. Laguna Beach, CA 92651
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@platinum-design-agency.com.