Terms of service
1. Introduction
1.1 Agreement: These Terms and Conditions ("Terms") constitute a legally binding agreement between Design Magic, hereinafter referred to as the "Company," and the user, hereinafter referred to as the "Subscriber," for the use of the design subscription service provided by the Company.
1.2 Acceptance: By accessing or using the Company's design subscription service, the Subscriber agrees to comply with and be bound by these Terms.
2. Subscription Service
2.1 Design Services: The Company offers a comprehensive range of design services, including but not limited to:
2.2 Design Services: The company does not offer 3D modeling, 3D design, 3D animation and offers limited 2D animation. If those services are required, the Company will recommend, or at the approval of the Subscriber, work with qualified 3rd party providers to accommodate the Subscriber’s needs.
2.3 Pricing and Commitments: Subscribers can choose from three subscription commitment plans:
Monthly: $5999.00 per month (No long-term commitment)
Quarterly: $5499.00 per month (3-month commitment)
Yearly: $4999.00 per month (1-year commitment)
2.4 Payment: Subscribers will be charged immediately at the time of subscription and will be charged on the same day each month following subscription.
2.5 Early Cancellation: For Subscribers on the quarterly or yearly plan, early cancellation requires the Subscriber to reimburse the Company the respective monthly discount for the number of months the service has been active. After reimbursement, the contract will be fulfilled.
2.6 Subscription Pause: Subscribers on the quarterly or yearly plan have the option to pause their subscription.
2.7 Failed delivery: If the Company fails to deliver an update to a Design Request within 1-2 business days, and the Subscriber is subscribed to a quarterly or yearly commitment plan, the Subscriber will not be required to pay the Company the respective monthly discount for the number of months the service has been active on the commitment plan.
2.8 Additional Service Costs: Subscribers should note that there will be additional charges for services that require the use of third-party platforms such as UserTesting.com, or for the procurement of images from stock photography sites. These costs will be communicated and charged when applicable.
2.9 Grandfather Pricing: We value our loyal clients. If you are an active paying subscriber and our prices increase, your subscription fee will remain at the rate at which you subscribed. However, if your subscription has been paused or canceled, and you wish to re-subscribe, the pricing will be adjusted to reflect our current rates.
3. Communication and Collaboration
3.1 Platform: All communication, collaboration, and transfer of design assets will be conducted through the Slack platform.
4. Ownership and Usage
4.1 Ownership: The Subscriber will own all design assets created by the Company for their projects.
5. Quality and Satisfaction
5.1 Service Quality: The Company commits to providing agency-quality design work.
5.2 Timeliness: Updates on design requests will be provided within 1-2 business days.
5.3 Satisfaction Guarantee: The Company offers a 100% satisfaction guarantee. If you are not 100% satisfied, the Company commits to revising designs until you are.
5.4 Deadline Flexibility: While we strive to meet larger project timelines that live outside of the standard 1-2 business day 'design update' window, Design Magic does not guarantee strict adherence to proposed deadlines. We are committed to collaborating with our clients to develop realistic plans aimed at closely aligning with their desired deadlines.
6. Cancellation
6.1 Subscriber's Right to Cancel: Subscribers have the right to cancel their subscription at any time. For Subscribers on the quarterly or yearly plan, early cancellation requires the reimbursement of the applicable monthly discount for the number of months the service has been active.
6.2 Failed delivery: If the Company fails to deliver an update to a Design Request within 1-2 business days, and the Subscriber is subscribed to a quarterly or yearly commitment plan, the Subscriber will not be required to pay the Company the respective monthly discount for the number of months the service has been active on the commitment plan.
6.3 Company's Right to Terminate: The Company reserves the right to terminate a Subscriber's subscription for any reason deemed worthy.
7. Refunds
7.1 Refunds: Refunds are only issued at the discretion of the Company and not the Subscriber.
8. Governing Law
8.1 Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the state of Texas. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the state of Texas.
9. Changes to Terms
9.1 Amendments: The Company reserves the right to amend these Terms at any time. Subscribers will be notified of any changes, and continued use of the service constitutes acceptance of these revised Terms.
10. Contact Information
10.1 Contact: For any questions or concerns regarding these Terms, Subscribers may contact the Company at admin@design-magic.co.
By accepting our Terms of service and subscribing to a the Company Designer Services plan, you acknowledge that you have read, understood, and agree to these Terms of Service.