Terms And Conditions
Welcome to Lead Designs and thank you for visiting our website.
When you use our products and services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.
ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and this website, you hereby agree,
(a) that you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations, or policies of Lead Designs, as each may be amended or supplemented from time to time in our sole discretion without notice.
(c) that your use of our products and our website shall comply with all applicable federal, state, and local laws, rules, or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant you ownership of any illustrations, graphics, content, software, code, data, or materials you may access on the site.
PROHIBITED CONDUCT
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers.
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts.
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes.
- Not to solicit personal information of another person or request or obtain access to an account of another person.
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious, or discriminatory.
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack.
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website.
- Not to facilitate or encourage any violations of these Terms and Conditions.
- Not to issue chargeback disputes against us.
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property.
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server.
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site, or any portion thereof.
STYLE & CONSISTENCY
You have spent a satisfactory amount of time reviewing Lead Designs’ work and have a reasonable expectation that Lead Designs will perform the Services in a similar manner and style unless otherwise specified.
Lead Designs will use reasonable efforts to ensure the desired Services are produced in a style and suggestions made by you. However, you understand and agree that dissatisfaction with Lead Designs’ aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
PROOFING
Custom designs include unlimited rounds of proofing. Collection pieces are accompanied with 3 rounds of proofing. Please note, the more rounds or proofing, the completion date will be pushed back. If proofs or information are not turned around in a timely fashion, your workflow may be subject to interruption by other standing projects. If at any time, the project changes to an extent that substantially alter the specifications as described in the original proposal, a proposal revision memo will be sent to you and a revised fee will be agreed upon by both Vendor and Client before project moves forward. You will receive a digital design board proof of the project. The design board will illustrate the finished product. You understand that final approval of the design board proof acknowledges that the client has thoroughly reviewed it for accuracy including but not limited to wording, spelling, dates/times, design, and all other content and style, and has confirmed that it is error free and has met all your requirements. Please note that once approval has been given, you will bear the final responsibility for the design and typographical elements of the order. The Designer may make slight formatting adjustments without notice. You will be solely responsible for all costs for reprinting due to errors identified after your approval of the proof. Refunds will not be given once production has started. No final print work will be started until you have confirmed acceptance of the proof in writing.
PAYMENT AND PRICES
Prices for products are quoted on the item listing. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery fee, which will be as stated when you pay for the product.
Product descriptions, typographic, pricing, and photographic errors are unintentional and subject to correction. We regret but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
REFUND ON CUSTOM PRODUCTS
Due to the custom nature of our services, we do not allow returns or exchanges on stationery. Failure to download digital products from your order will not qualify you for a refund. New downloads can be sent for missing downloads upon receipt of proof of purchase.
Cancellation is allowed only if work on your design has not started
Upon receiving your goods, please inspect them carefully and let us know if there’s a mistake within 7 days from receiving it. If there is a printing error made on our part, we will either reprint the paper goods or provide a credit for the misprint. If there is an error with the wording that was approved by the client, the costs of reprinting must be covered by the client.
If Lead Designs is unable to complete your order because of an emergency, your payment will be refunded in full.
REFUND ON NON- CUSTOM PRODUCTS
If you are not entirely satisfied with your purchase, we're here to help. You have 15 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
REFUSAL OF YOUR ORDER
We make an earnest effort to make sure that products listed on our website is available in stock and that the prices shown are correct. In the unlikely event when we’re not able to send your order or replacement due to unavailability of the product in our warehouse, we will inform you within a maximum of 7 working days from the date you place the order.
PERSONAL RESPONSIBILITY
You understand and acknowledge that special requests are not binding instruction, although every effort is made to comply with the client’s wishes. Lead Designs will do its best to honor the requests but do not undertake to guarantee any specific requests.
DIGITAL FILE QUALITY
We are committed to provide high-quality products. Unless otherwise specified, we may deliver, and client agrees to accept, the digital encoded in an industry-standard data format that we may select, at a resolution that Lead Designs determines will be suitable to the subject matter of the digitals and the reproduction technology and use for which the digital is licensed.
Due to variances in monitor calibrations, software, and computer platforms, digital files may display differently on different monitors.
USING OUR SERVICES
You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of digital products. You may regularly need to update our applications to access our products. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and are to be procured at your own cost.
LIMITED LICENSE
You may access and use the products on your computer or other internet compatible device for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.
DISPLAY RIGHTS
You understand and allow Lead Designs to display any product covered by this T&C and to generally promote the business in advertising, social media, brochures, magazine articles, websites, sample albums etc.
ONLINE PAYMENTS
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
FEEDBACKS AND REVIEWS
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a user. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
EXTERNAL LINKS
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we can remove a link that may have gone 'bad'.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS ON USE
You may not reproduce, resell, or distribute our products for any purpose unless you have been specifically permitted to do so under a separate agreement with us You may not sell or enable any third parties to resell the products purchased by You, display on any website or otherwise publish the services or any content obtained from a service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our products.
All design, images, fonts, and concepts are subject to copyright and may not be reproduced, copied, printed, or used for any other reason without express consent by Lead Designs. Any concepts created throughout the design process, whether they are used in the final product or not, remain the intellectual property of Lead Designs. We reserve the right to use such concepts in both digital and physical portfolios, including, but not limited to, use on Lead Design’s website and social media, promotional items, or as samples.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our directors, officers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMER OF WARRANTIES
WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR SERVICES (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the products or services at any time. We may restrict, suspend, or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with Canadian laws, and the courts of Ontario will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
COPYRIGHT
©2022 Lead Designs Co. All rights reserved. All materials presented on this site are copyrighted and owned by us or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
ACCEPTING THIS TERMS OF USE
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable, and just given the matters set out under this agreement and you waive all rights to have any claims against us on grounds set out above.