Terms & Conditions
These Terms and other applicable conditions and notices contained herein govern your use of the Luckydesign service and website. By using, visiting, or browsing the Luckydesign Website, you accept and agree to be bound by these Terms of Use. These Terms of Use are an ongoing contract between you and Luckydesign and apply to your use of the Luckydesign service and website. These Terms of Use affect your rights, and you should read them carefully. Please read them carefully before you use the services of this site.
You should not use this site in an unlawful manner; you must respect website terms and conditions and follow the privacy policy. Under no situations or circumstances, the company will be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any content made available via our products, services, or various resources such as email, blog, etc.
Our services are free to any user with access to the internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fees. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
You will be required to use login credentials for some of the sections on the site, and the company reserves the right to block access to our services for any user who does not follow these conditions. We make sure that users get uninterrupted access to our service, but there is no obligation to do so. Luckydesign is not responsible and is not obligated for issues in your network or server beyond certain limits.
Website Usage Guidelines
- Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others.
- Do not publish, post, distribute, or disseminate any defamatory, infringing, indecent, offensive, or unlawful material or information.
- Do not upload, install, or transfer files that are protected by Intellectual Property laws or software which affect other computers.
- It’s prohibited to edit HTML source code, reverse engineer, or attempt to hack.
- Do not run Spam services/scripts or anything which could affect infrastructure, and in turn, users.
- Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- You may not copy, distribute, or indulge in plagiarism with website content or user-submitted content.
Content
All website content or information that can be seen, heard, or otherwise experienced on the Site is copyrighted and belongs to Luckydesign. You may use the Site, the Service, and the Content for your own personal, non-commercial use only.
You may download and print the available material for your own personal, non-commercial use only. You will not transfer any information from the website or produce derivative work which you can display, distribute, or transmit.
Intellectual Property Right
Intellectual Property Right means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business, and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered, including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
The Contract
The Order constitutes an offer by the Client to purchase the Services in accordance with these Terms. The Client shall ensure that the terms of the Order and any relevant Specification are complete and accurate.
The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, or when the Company has started to provide the Services having received the Order, whichever happens first, at which point the Contract shall come into existence. The Contract constitutes the entire agreement between the Company to provide the Services to the Client and for the Client to purchase those Services, in accordance with these Terms.
The Client acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Company which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other contract between the Company and the Client for the supply of Services.
A Quotation for the supply of Services given by the Company shall not constitute an offer. A Quotation shall only be valid for a period of 14 Business Days from its date of issue.
For any White Label Work, the Client understands and agrees that the Company has no contractual relationship and therefore no liability in respect of the ultimate client with whom the Client agrees to perform the White Label Work.
Company Obligations And Warranties
The Company warrants that it will provide the Services as stipulated in the Order using reasonable care and skill to conform in all material respects with the Specification. The Company shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only, and time shall not be of the essence for the provision of the Services. The Company shall not be liable for any delay in delivery of the Services caused by a Force Majeure event or the Client’s failure to provide the Company with adequate delivery instructions or any other instructions relevant to the supply of the Services. The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law. The Company shall be entitled to use a Group Company or other subcontractors for the provision of the Services, provided always that the Company shall remain liable to the Client for the performance of the Services as if it had carried them out itself.
Clients Obligations And Indemnities
The Client shall provide assistance and technical information to the Company, as reasonably required by the Company, in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones. The Client shall have sole responsibility for ensuring the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Client’s employees assisting in the execution of an Order have the necessary skills and authority.
The Client shall be obliged as quickly as possible and within the agreed deadline to comment on and/or approve materials provided under the Services, including (without limitation) advertising copy, search terms, and graphic material submitted by the Company. In addition, the Client shall be obliged as quickly as possible and within the agreed deadline to implement changes on websites, in IT systems, or where it may otherwise be required by the Company.
The Client shall be obliged to inform the Company immediately of changes of domain names, websites, technical setup, and any other material information regarding the technical infrastructure which may affect the Services delivered by the Company.
In the event that the Client fails to undertake those acts or provide those materials required under this clause 5 within any agreed deadline (and at least within 15 Business Days of the date requested by the Company), the Company shall be entitled to invoice for the Services that it has supplied and the remaining Services specified in the Order whether or not the Company has been able to deliver them.
The Client shall indemnify and keep the Company indemnified fully against all liabilities, costs, and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract, or for defamation.
The Client undertakes to comply with all applicable rules, regulations, codes of practice, and laws relating to its use of the Services, including without limitation its obligations under the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Competition Act 1998, and the E-Commerce Directive and equivalent legislation and hereby agrees to indemnify and to keep the Company indemnified in respect of any and all costs, claims, or proceedings whatsoever brought against the Company by any third party in connection with any breach of the same by the Client.
As standard across the Services, and unless otherwise notified, the Client shall be exclusively responsible for implementing the optimisation changes recommended by the Company. As notified by the Company, in certain cases for amendments to existing optimisations, the Client shall allow the Company use of the site’s FTP or content management system’s username and password in order to gain access to add in keywords.
The Company requires that prior notice be given for any alterations relating to the Client’s website(s) that may affect the services supplied by the Company. If alterations are made by the Client or a third party to the Client’s site(s), search engine placements may be affected and the Company cannot be held responsible.
The Company advises that regular, fresh content added to the site will help to improve the stability of rankings within search engines, and the Client understands that regular, unique content plays an important part in the success of a website, and failure to add unique content will lessen the impact of SEO services.
In respect of all White Label Work, the Client shall indemnify the Company against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with the contract between the Client and their client for the White Label Work.
Payment
The Company shall invoice the Client monthly, either in advance or following Services delivered.