Terms of Service

1. Acceptance of Terms

By accessing and using designlink's website (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") apply to all visitors, users, and others who access or use the designlink website and services. Our services are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this site.

2. Use License

Permission is granted to temporarily download one copy of designlink's website content for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials
• use the materials for any commercial purpose or for any public display (commercial or non-commercial)
• attempt to decompile or reverse engineer any software contained on the website
• remove any copyright or other proprietary notations from the materials
• transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by designlink at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Services and Deliverables

designlink provides web design, development, and digital marketing services. Our services include but are not limited to:

• Custom website design and development
• E-commerce platform development
• Content management system implementation
• Digital marketing consultation and strategy
• Brand identity and graphic design services
• SEO and online marketing services

All services are provided in accordance with the specific project agreement, proposal, or service description provided to the client. The scope of work, timeline, and deliverables will be clearly defined in writing before project commencement.

Designlink reserves the right to modify, suspend, or discontinue any aspect of the service at any time without prior notice. We also reserve the right to refuse service to any client for any reason.

4. Client Responsibilities

Clients are responsible for providing accurate, complete, and timely information necessary for the execution of projects. This includes but is not limited to:

• Content, images, and branding materials
• Technical specifications and requirements
• Feedback and approval within agreed timeframes
• Payment of invoices according to agreed terms
• Domain registration and hosting setup (if applicable)
• Maintenance and security of client accounts

Clients must ensure they have the necessary rights to all materials provided and that such materials do not infringe on any third-party intellectual property rights.

Failure to provide required information, content, or timely feedback may result in project delays and additional costs as outlined in our project agreements.

5. Payment Terms

Payment terms are as follows:

• Project Fees: 50% deposit required to commence work, remaining 50% due upon project completion and approval
• Hourly Services: Billed monthly in arrears based on hourly rates specified in project agreements
• Monthly Retainers: Due on the first day of each month for ongoing services
• Late Payments: A 2% monthly service charge will be applied to overdue accounts

All fees are quoted in USD unless otherwise specified. Clients are responsible for any bank fees, currency exchange fees, or other charges related to payment processing.

designlink reserves the right to suspend work on projects with overdue accounts and to withhold final deliverables until payment is received.

6. Intellectual Property Rights

Unless otherwise specified in writing, designlink retains full ownership of all design work, code, graphics, and other materials created during the project. Clients are granted a license to use the final deliverables for the intended business purposes.

designlink may use project work as examples for portfolio purposes and marketing materials unless explicitly requested in writing by the client to maintain confidentiality.

Third-party software, plugins, libraries, and assets used in projects remain subject to their respective licenses and terms of use.

Clients retain ownership of content, logos, and materials they provide for use in their projects. designlink does not claim ownership of client-provided materials.

7. Confidentiality

designlink respects the confidential nature of client information and business data. We maintain strict confidentiality regarding all client projects, business strategies, and proprietary information shared during the course of our professional relationship.

Confidential information includes but is not limited to:

• Business strategies and plans
• Technical specifications and requirements
• Marketing materials and campaigns
• Financial information and data
• Customer lists and contact information

This confidentiality obligation survives termination of the professional relationship and continues indefinitely unless disclosure is required by law.

8. Warranty and Disclaimers

designlink warrants that our services will be performed in a professional manner consistent with industry standards. We provide reasonable efforts to ensure the quality and functionality of our deliverables.

However, the service is provided "as is" without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

designlink does not warrant that the service will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from use of the service or as to the accuracy or reliability of any information obtained through the service.

Clients acknowledge that they rely on their own business judgment in using our services and that designlink shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the service.

9. Limitation of Liability

In no event shall designlink be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the service.

The aggregate liability of designlink to you for all claims relating to the service shall not exceed the amount you paid to designlink for the specific service giving rise to the claim during the 12 months prior to the claim.

designlink shall not be liable for any damages resulting from:

• Client-provided content or materials
• Third-party integrations or services
• Hosting or server issues beyond our control
• User error or misuse
• Security breaches or data loss

These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

10. Termination

Either party may terminate the professional relationship at any time with 30 days written notice. Upon termination, clients are responsible for payment of all work completed up to the termination date.

designlink reserves the right to terminate services immediately for:

• Non-payment of fees
• Breach of these terms and conditions
• Inappropriate or illegal content
• Harassment or unprofessional conduct
• Disclosure of confidential information

Upon termination, all licenses granted under these terms will terminate, and clients must discontinue use of designlink's intellectual property immediately.

Final project files, source code, and deliverables will be provided to clients upon receipt of final payment, subject to any payment disputes.

11. Force Majeure

designlink shall not be liable for any failure or delay in performance under these terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, insurrections, riots, civil disorders, rebellions, or other causes beyond our reasonable control.

This includes but is not limited to equipment failures, telecommunications failures, Internet service provider failures, and other similar events that are beyond our reasonable control.

12. Changes to Terms

designlink reserves the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after any such changes constitutes your acceptance of the new terms.

For material changes that significantly affect your rights or obligations, we will provide additional notice via email or website posting at least 30 days in advance of the effective date.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the Philippines, and you irrevocably submit to the exclusive jurisdiction of the courts in that state or location.

Any disputes arising from these terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI).