Terms of Service Agreement
1. Acceptance of the Terms of Service
2. Changes to the Terms of Service and the Website
fig Design reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on fig Design, and you will be able to track the changes for any new version. Your continued use of the website following the publishing of updated Terms of Service means that you accept and agree to the changes.
The employees or agents are not authorised to make any representations or claims concerning the Goods ( its ownership) unless confirmed by the seller in writing. In entering into the contract the buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
Any typographical, clerical or other accidental errors or omissions in sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by fig Design shall be subject to correction without any liability on the part of fig Design.
No order submitted by the buyer shall be deemed to be accepted by fig Design unless and until confirmed in writing by an authorised representative of fig Design.
The specification for the Goods shall be those set out in fig Design a sales documentation.
fig Design reserves the right to make changes in the specification of the Goods.
3. Accessing the Website, Security and Privacy
The content of the pages on the website are for general information and use only. It is subject to change without notice.
Neither fig Design nor any third party provides any warranty or guarantee to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose.
fig Design shall not be in any way liable for any inaccuracy, error, defect or fault related to the information and materials found or offered on the website.
Use of any information or materials on the website is entirely at User’s own risk, for which fig Design shall not be liable.
It shall be User’s own responsibility to ensure that any product, service or information available through the website meets the User’s requirements.
Unauthorised use of the website may give rise to claim for damages and/or it will be a criminal offence punishable under the applicable penal law.
4. Purchase of the fig Design Service
If you agree to pay the fee for access to the applicable fig Design Service, such fee will be charged by the company designated by fig Design in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the fig Design Websites are inclusive of any applicable sales taxes and fees. fig Design accepts a variety of different payment methods, so please check the fig Design websites for the best way for you to pay.
Subject to any special terms agreed in writing or published on the web site fig Design, fig Design shall invoice the buyer for the net sum due to the goods on or at any time after dispatch of the Goods.
The buyer shall pay the price of the Goods on the payment date started in the Contract or if no express provision for the time of payment is contained in the Contract within 10 days after the date of invoice not withstanding the delivery may not have taken place and/or that the property in the Goods has not passed to the buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
Except as expressly provided in these conditions, fig Design shall not be liable to the buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the contract, for any direct or consequential loss or damage sustained by the buyer (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of fig Design, its servants or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by the buyer.
The buyer shall ensure that, except to the extent that instructions as to the use or sale of the goods are contained in the packaging or labelling of the goods, any use or sale of the goods by the buyer is in compliance with all applicable statutory and other regulatory requirements and that the storage and handling of the goods by the buyer is carried out in accordance with directions given by fig Design or any component governmental or regulatory authority and the buyer will indemnify fig Design against any liability loss or damage which fig Design might suffer as a result of the buyer failure to comply with this condition.
If the buyer fails to make any payment of the due date then, without prejudice to any other right or remedy available to fig Design, fig Design shall be entitled to:-
Cancel the order or suspend any further deliveries to the buyer;
Appropriate any payment made to the buyer to such of the goods (or the goods supplied under any other contract between the buyer and fig Design) as fig Design may think fit (not withstanding any purported appropriation by the buyer) Charge the buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3 per cent per annum above RBC Royal Bank Canada (or such other bankers as fig Design may notify) base rate from time to time, until payment in full is made (a part of a month being treated as full month for the purposed of calculating interest); and
If the Client halts work and applies to us for a refund within 30 days of the signing of a contract or first payment made, work completed shall be billed at the hourly rate stated in the termination clause of such contract ( if not stated would be at 45 USD an hour ), and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated in the contract ( or if not stated would be 45 USD an hour ) between client and fig Design. No portion of this initial payment will be refunded unless written application is made within 30 days of signing a contract.
fig Design may change the price for the fig Design paid service from time to time. In respect of the fig Design paid service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to your fig Design paid service you may terminate your subscription of your fig Design paid service in accordance with Section 8 (Term and termination). Your continued use of the fig Design paid service after the communication of such price change to you constitutes an acceptance of such new price.
6. Automatic subscription renewal
Your subscription to the fig Design paid service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 8 (Term and termination). Such renewal will always be for a 2 year subscription term. At the time of renewal the payment method you have designated to be charged for the purchase of the fig Design paid service will automatically be charged our then current fees for the applicable subscription.
7. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of fig Design is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the website. Because the website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
8. Term and termination
This agreement will become effective in relation to you when you create a fig Design account or when you start using the fig Design service and will remain effective until terminated by you or fig Design. You may cancel your subscription of the fig Design paid service at any time by sending an email to email@example.com. fig Design paid service needs to be canceled 90 days prior to the renewal date of the fig Design paid services. If the services do not get cancelled 90 days prior to the renewal date, the paid services will be renewed for another 2 year term. fig Design will not refund any remaining portion of subscription fees you have already paid for. fig Design reserves the right to terminate this agreement or suspend your fig Design account at any time in case of unauthorized, or suspected unauthorized use of the fig Design service whether in contravention of this agreement or otherwise. If fig Design terminates this agreement, or suspends your fig Design account for any of the reasons set out in this section, fig Design shall have no liability or responsibility to you, and fig Design will not refund any amounts that you have previously paid.
9. Intellectual property
fig Design respects intellectual property rights, and expects you to do the same. The fig Design service and the content provided through the fig Design service is the property of fig Design or fig Design ‘s licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the fig Design service (including but not limited to its content) in any manner not covered by the agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the fig Design service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the fig Design service.
10. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the fig Design websites are infringing copies of your work, please let us know. Pursuant to firstname.lastname@example.org. A notification of claimed copyright infringement must be addressed to fig Design ‘s copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; specific identification of each copyrighted work claimed to have been infringed; a description of where the material believed to be infringed is located on fig Design service or the fig Design websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); contact information for the complaining party, such as a complete name, address, telephone number, and email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Domain Ownership
fig Design will be the owner of any customer domain. The ownership will continue after the termination of the fig Design services. The customer can purchase ownership of any domain name after cancellation of the fig Design services for a fee of USD 300.00
Whenever an existing customer domain will be transferred to fig Design services, the ownership of the domain will automatically be transferred to fig Design. The customer can purchase re-ownership of any domain name after cancellation of the fig Design services for a fee of USD 300.00
12. Content Ownership
Any content (text, pictures etc) sent by the customer to fig Design as part of the contract for fig Design services will automatically transfer the copyright of these contents to fig Design. The customer allows fig Design to use the sent contents in any possible way needed to fulfill the contract between the customer and fig Design. Furthermore, the contents sent by the customers can not be used on any other paid web service other than fig Design.
fig Design is not responsible for any copyright infringements caused by contents sent by the customer.
13. Technology limitations and modifications
fig Design will make reasonable efforts to keep the fig Design service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. fig Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the fig Design service with or without notice.
fig Design may assign this agreement or any part of it without restrictions. You may not assign this agreement or any part of it to any third party.
15. Entire agreement
Should for any reason or to any extent any provision of this agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
17. Advertising & Sponsorship
The site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the site complies with international and national laws. We will not be held responsible for any error or inaccuracy in advertising material.
18. Governing Law
Use of this website and any dispute arising out of its use are subject to the laws of Panama. Any legal action or proceedings related to or arising out of this Terms and Conditions shall be settled in the courts and/or tribunals in Panama City, Panama.
19. English version prevails
In the event that this agreement is translated into other languages and there is a discrepancy between the two language versions, the english language version shall prevail to the extent that such discrepancy is the result of an error in translation.