IDeezign – Terms & Conditions

We are IDeezign LLC (“IDeezign”) incorporated in the UAE under license number 152320CS. These are our terms and conditions. They tell you what we do and how we do it.

By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

1. General terms & conditions

IDeezign operates a platform linking Designers to Buyers.

Services

Services are offered on IDeezign through either projects, which are fixed price services; or custom projects, which can be fixed price, price per hour or price per item. Services delivered in these ways on IDeezign are collectively referred to in these terms as “projects”. Whether or not a project is offered and/or accepted is entirely at the discretion of the Designer / Buyer. IDeezign has no control over this process. Services are provided by Designers directly to Buyers, who determine the deliverables, price and all other requirements.

On Commencement of a project the Buyer pays funds into the Escrow Account, and the Buyer must confirm their requirements upfront in the Workspace.

The Designer must provide regular progress updates and respond within one (1) working day to all messages from the Buyer, in the Workspace.

Designers must deliver work within the delivery times either defined in their project, or agreed with the Buyer upfront in the Workspace for custom projects. Designers’ rankings will be penalized for late delivery.

Designers must fulfill their projects and Buyers agree to pay for work delivered. Users will be penalized for cancellations or refunds caused by them, without just reason. Designer must provide, and be given the opportunity by the Buyer to provide, at least two further iterations on the work delivered if the Buyer is not initially satisfied.

Once the project has been completed the designer will raise a request to receive payment, including the release of funds held in the Escrow Account. designers must not request payment upfront before work has been completed. Buyers must pay within the 7 day payment terms.

Please read the terms and conditions carefully as they contain important information. By signing up on Ideezign you agree on the terms and conditions of Ideezign.

Ideezign offers designers an opportunity to close deals with a wide range of clients and the platform is considered a long-term partner with designers. In case a designer contacted a client directly this will result in a ban from using Ideezign for a period that ranges between six months and two years. Additionally, Ideezign does not guarantee and payments or any outcome in case there was a direct contact between the designers and the design seekers.

The same terms and conditions apply for deign seekers, Ideezign does not acknowledge or guarantee any outcomes in case there was a direct communication with the designers this will result in a ban from using Ideezign for a period that ranges between six months and two years.

The design seekers have the right to request up to two revisions on the design free of charge. The designers have to agree on accepting to submit up to two revisions without applying any additional charge(s).In case the design seeker requests more than two revisions ,it is up to the designer whether to accept them free of charge or to charge additional fees for additional revision(s). All the communications, transactions and payments for additional revisions have to be through Ideezign.The same terms and conditions apply. Designers have to consider Ideezign`s administrative fees while selecting the pricing category. The cost mentioned by the designer should allow for Ideezign`s administrative fees which will be processed to Ideezign before transferring the payment(s) to the designer. The payment received by the designer will not be the full amount mentioned on the costing category, the designer will receive the payment after deducting Ideezign`s administrative fees.

Posting any sort of contact details whether the phone number(s), email address (es), website(s) and address (es) is not allowed and will be removed. Repetitive behavior(s) of posting any sort of contact details, inappropriate content or delay in design submissions will lead to taking the necessary measures which might include suspending the account for a certain period of time. Please refer to the payment terms and conditions for more details regarding the delays in the design submissions.

Funds

IDeezign IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of designers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. IDeezign reserves the right to apply Admin Fees or write downs to dormant balances until they are withdrawn or become zeroed. Funds held by IDeezign on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. IDeezign hold the funds in a separate client account.

Payments

IDeezign acts as an Agent of Payment between the Buyer and Designer. In return for full invoice payment by the Buyer for the project, IDeezign agrees to discharge the Buyers obligations relating to debts owed to the Designer under this agreement. IDeezign agrees to make such funds available to the Designer balance with 24 hours, subject to fraud an AML procedures. Designers are then able to withdraw those funds subject to the setting up of a valid withdrawal account. IDeezign takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Designers if fraud or money laundering is suspected. All payments for work completed must go via IDeezign unless IDeezign has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of IDeezign will lead to sanctions not limited to immediate account suspension. Users must immediately report to IDeezign any offers to pay outside of IDeezign made by their Buyer or Designer.

Rights

Once payment has been made, Buyers are granted all rights for the delivered work.

Contacting

For purposes of service messages, notices, offers and news about IDeezign, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. If you do not want to receive newsletters, announcements, or other communications and/or services from our Site, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please click on the relevant link inserted in our communications. In every Interesting and Important e-mail communication sent to you, we provide you the opportunity to discontinue receiving future communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in these emails. For the orderly operation of the platform, users cannot opt-out from Essential emails such as when receiving an invoice or when a buyer requests a refund.

All transactions and payments have to be through Ideezign. Ideezign holds no responsibility whatsoever and does not guarantee and payment(s) in case there was a direct communication(s), transaction(s) or payment(s) between the design seeker and the designer. Additionally, this will result in a ban from using Ideezign for a period that ranges between six months and two years.

Ideezign encourages the design seekers to carefully check and select the designers before assigning the job to them. Designers` ratings and reviews might assist in selecting the designer, however the final choice of the designer is solely up to the design seeker. Ideezign allows two revisions of the design free of charge. In case the design seeker asks for more revisions it is up to the designer to submit them for free or to charge for them. The transactions for the design revisions should be through Ideezign. The same terms and conditions apply.

Once the design seeker selects the designer, upload the project`s brief and confirm the transaction the full payment(s) will be transferred to Ideezign. However, it will not be transferred to the designer except after seven working days from the date of receiving the first design submission. Ideezign allows up to two revision per project free of charge. In case the design seeker requests revisions on the design and the designer accepts them, Ideezign will transfer 50% of the payment(s) to the designer after seven days from the date of receiving the first design submission by the design seeker. The balance 50% will be transferred after seven days from the date of receiving the revised design submission(s) by the design seeker. The selection of the designer is solely the decision of the design seeker, once the designer is selected, the transaction is confirmed and the design is received by the design seeker, the design seeker has no right to claim for a refund or any deductions from the payment(s).The only case the design seeker has the right to claim a refund is if the design was not submitted. In case there was a delay in the design by the designer Ideezign allows for a time extension for submissions of additional 25% from the timeline agreed between the design seeker and designer (which should be agreed clearly during the transaction and notified to Ideezign).The time extension is calculated based on working days for example if the agreed time of submission between the design seeker and the designer is ten days ,Ideezign allows for a maximum of 2.5 more working days for the first design submission. Both the original timeline and the extension are calculated based on working days and not calendar days. In case the designer exceeds the allowed time extension, the designer has to agree with the designer seeker of any further time extension. In case the design seeker does not notify Ideezign that there is any problem, delay or complain regarding the submission time line ,Ideezign will consider that further time extensions are agreed between the designer and design seeker. Once the design seeker notifies Ideezign that there is a delay in the design submission beyond the permissible time extension, Ideezign will allow for seven working days to reach an agreement between the designer and the design seeker and in case there was no agreement or further approved time extensions Ideezign will process the refund for the design seeker without notifying the designer. In that case Ideezign`s administrative fees might apply. The processing time of the refund varies from case to case. Repetitive behavior(s) of delay in the design submission will result in taking the necessary measures which might include suspending the account for a certain period of time. Designers have to consider Ideezign`s administrative fees while selecting the pricing category. The cost mentioned by the designer should allow for Ideezign`s administrative fees which will be processed to Ideezign before transferring the payment(s) to the designer. The payment received by the designer will not be the full amount mentioned on the costing category, the designer will receive the payment after deducting Ideezign`s administrative fees.

2. User accounts

To access the full IDeezign site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and Designer undergo the same account registration process.

Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

The information that Users supply in the public profile of their account must comply with IDeezign profile policies.

IDeezign reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, warn other Buyers and Designer of your actions or issue you a warning if:

you breach the letter or spirit of these terms and conditions or the referenced policies;

we are unable to verify or authenticate any information you provide to us;

we believe that your actions may cause any loss or liability to our Users or to us

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using IDeezign immediately.

As per UAE AML regulation, IDeezign is unable to support users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and Region of Crimea.

3. Project delivery

3.1 Projects

On purchase of a project the Buyer’s funds will be held in the Escrow Account.

The Buyer will then need to provide their requirements (as specified in the project description page) in the Workspace so that the Designer can get started.

Once the requirements are provided in the Workspace by the Buyer, the designer must:

respond in the Workspace within one (1) working day to confirm work has started otherwise the Buyer may request and will be entitled to a refund in accordance with Section 6;provide regular progress updates in the Workspace and respond within one (1) working day to all messages from the Buyer;complete the project within the delivery timescales indicated in their project description including handover of all deliverables in the Workspace. Failing to deliver within those timescales may mean the Buyer requests and is entitled to a refund in accordance with Section 6;Late or non-delivery will negatively affect the Designer’s rankings on IDeezign.

All direct communication between Buyer and Designer must go via the Workspace to keep both parties protected in case of a Dispute.

Once the project has been completed the Designer will raise an invoice and:

the Buyer is then able to leave feedback for the Designer, upon which the funds held in the Escrow Account will be automatically released to the Designer as payment;

alternatively, if the Buyer is not satisfied with the deliverables they can reject the invoice and provide the Designer with detailed feedback on what work remains outstanding. The Designer must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer;

if the Buyer does not either i) leave feedback for the Designer, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Designer as payment after seven (7) days.

if the funds held in the Escrow Account are released to the Designer in accordance with a) or c) above, IDeezign and the Designer will be entitled to assume that the Buyer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

3.2 Custom Projects

The Designer’s payment for custom projects are either agreed as fixed price, price per item or as a per hour rate project:

for a per hour rate custom project the Buyer agrees to pay the Designer based on the time spent, not on the real or perceived quality of any deliverables provided. The Designer must provide the Buyer, on request, with a breakdown of their billed hours as evidence;for a fixed priced custom project the Buyer agrees to pay the Designer based on deliverables. The parties should agree upfront in the Workspace whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom project will only be invoiced on full completion of all deliverables.

for price per item custom project the Buyer agrees to pay the Designer for all items delivered.

On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.

The Buyer must then provide their detailed requirements in the Workspace so that the Designer can get started. These requirements should include (but not be limited to):

timeframe for delivery of the project or milestones;

description of any subjective elements of the project like aesthetics providing similar examples;

breakdown of all expected deliverables;

any other expectations for the work.

Once requirements have been received from the Buyer, the Designer must:respond in the Workspace within Three (3) working daya to confirm commencement of work. Failing to respond within Three (3) working days may mean the Buyer requests and will be entitled to a refund in accordance with Section 6;provide regular progress updates in the Workspace and respond within three (3) working days to all Workspace messages from the Buyer;complete the project, including handover of all deliverables in the Workspace, within the delivery timescales agreed with the Buyer,if missing a previously agreed deadline is unavoidable then the Designer must inform the Buyer immediately in the Workspace and provide a revised delivery date.failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the custom project and will be entitled to a refund of any funds in the Escrow Account.

late or non-delivery of a project will negatively affect the Designer’s rankings on IDeezign.

All direct communication between Buyer and Designer should go via the Workspace to keep both parties protected in case of a Dispute.

When the Custom project is completed (or an agreed milestone has been reached) the Designer will raise an Invoice:

the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a custom project the Designer may need to propose a change to a previously agreed price. This must be explicitly agreed in the Workspace before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost; the Buyer must pay the Invoice within seven (7) days of the Invoice being raised;(The buyer should pay in the escrow account once the designer is selected & budget are selected)alternatively, if the Buyer does not agree that the project has been completed then the Buyer can reject the Invoice. The Buyer must then provide the Designer with detailed feedback in the Workspace on what work remains outstanding. The Designer must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;

if the Buyer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period IDeezign will provide assistance to the Designer to chase payment and may temporarily or permanently restrict the Buyer’s account. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the Buyer. If after 24 hours the Buyer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be automatically processed and will remain at the discretion of IDeezign for approval.

if the Buyer pays the invoice or funds are utilized in accordance with d) above, IDeezign and the Designer will be entitled to assume that the Buyer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

3.3 Per Hour Contracts

The Designer’s payment for Per Hour Contracts is set as a per hour rate project using the per hour rate as stated on the Designer’s profile at the time of the Per Hour Contract setup. The Buyer agrees to pay the Designer based on the time spent, not on the real or perceived quality of any deliverables provided.

On acceptance of a Per Hour Proposal and on hire request, the Buyer must place a valid payment method on file and gives authorization to IDeezign to charge it repeatedly per IDeezign’s Terms and Conditions.

Every seven (7) days an invoice will be automatically raised by the system on behalf of the Designer according to the number of hours tracked by the Designer during the last seven (7) days and the per hour rate of the Per Hour Contract.

Upon invoice raise:

The Buyer can pay the Invoice manually within three (3) days of the Invoice being raised.

If not paid manually by the Buyer within three (3) days, the invoice will be automatically paid by the system charging one of the payment methods of the Buyer on file at any time.

3.3.1 Protection for Designers

In the rare event that a Buyer refuses payment for legitimate services performed by a Designer, IDeezign will provide limited payment protection to the Designer as mentioned below (“Per Hour Payment Protection”). Per Hour Payment Protection will be provided only if all of the following criteria are met.The Buyer should estimate the number of required hours and pay in advance to the escrow account and in case of extension the same should apply.

Buyer must have an Account in good standing and at least one valid and authenticated Payment Method, and Buyer must agree to automatically pay for hours billed by the Designer.

Designer’s Account must be in good standing.

The number of hours billed must not exceed the weekly limit of hours as defined in the Per Hour Contract.

Within ten (10) days after invoice raise, if the invoice is rejected the Designer must submit a Dispute specifically identifying the details of the work that should be paid. Within ten (10) days after invoice raise, if the invoice is not rejected and not paid the Designer must contact IDeezign Customer Support identifying the details of the work that should be paid.

Per Hour Payment Protection is available with a maximum rate per hour protected by IDeezign to Designer the lesser of

the rate defined in the Per Hour Contract terms;

the usual per hour rate billed by Designer on the Site across all Buyers; and

the going rate for the same skills on the Site in Designer’s area (such determination to be made in IDeezign’s sole discretion).

3.3.2 Protection for Buyers

IDeezign will adjust the invoice to Buyer for work that is not clearly related to either the project requirements or Buyer instructions in the Workspace and within the hours authorized for the week, subject to and conditioned on the following terms:

Buyer must have an Account in good standing and at least one valid and authenticated payment method, and Buyer must agree to automatically pay for hours billed by the Designer.

Designer’s Account must be in good standing.

The Buyer rejects the invoice within three (3) days of the Invoice being raised identifying the time billed and screenshots of the Designer’s screen that are not clearly related to either the project requirements or Buyer instructions in the Workspace.

3.4 Quality

All Designers on IDeezign must strive to deliver a high standard of work, appropriately meeting their Buyer’s needs.

Specifically, Designers must ensure that all deliverables are:

error free;

fully address each of the Buyer’s defined requirements;are a complete set of deliverables as defined in the project description or as agreed in the Workspace as part of the requirements for custom projects;

and, for projects, are of a standard consistent with the level of expertise indicated in the Designer’s profile and proposals.

3.5 The heavy but important bits:

The Buyer and Designer decide on the type of project, Hourly, custom or fixed price. They determine the terms and conditions of “projects” , including deliverables, any specific requirements, and for “projects” the price, directly between them. The Buyer and Designer create a direct service contract between themselves and IDeezign are not party to that contract (‘the Service Contract’).

Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a project and any intellectual property rights therein, will be assigned to the Buyer upon successful payment to the Designer. If the Buyer and Designer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and Designer should negotiate and document these terms in the project Workspace.

Subject to variation in the Service Contract, the terms and conditions of each project shall be deemed to incorporate a term that in consideration of the fee paid for the project the Designer thereby assigns to the Buyer absolutely with full title guarantee the following rights throughout the world: the entire copyright and all other rights in the nature of copyright subsisting in the project any database right subsisting in the project and all other rights in the project of whatever nature, whether now known or created in the future, to which the Designer is now, or at any time after the date of Commencement of the project may be, entitled by virtue of the laws in force in the United Arab Emirates and in any other part of the world,in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the project.

You promise that:

You are able to pay for the services if you are a Buyer and perform the services if you are a Designer;

you are not in breach of any applicable laws, rules or regulations or obligations to any other person;

you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;

you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, project, or Proposal on or through the services IDeezign provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

4. Payments

Payments are made as described in Section 3, for a project agreed by the Buyer as successfully completed. The payment terms are fifteen (15) days from the date of approving the submissions.

For projects, the Designer must not request a release of funds from the Escrow Account prior to project completion and buyer`s approval; the purpose of funds being held in the Escrow Account is to provide the Designer with the security needed for them to undertake the work. Buyers must report such cases immediately. In such cases the Designer’s account may be temporarily or permanently suspended.

IDeezign provides this facility solely to simplify the payment process. Use of this facility does not alter the nature of the relationship between IDeezign and its Users or between Buyers and Designers.

All payments between Buyer and Designers must be processed through IDeezign as described in Section 3, both for work sourced on IDeezign and for any follow on work between the Buyer and Designer, either for the same project or another project. A Designer may seek express written permission from IDeezign to allow payment by alternative means for a specific invoice or payment if the Designer intends to issue proceedings or pursue legal action against the Buyer.

Payment (or attempt of) outside of IDeezign is a breach of these terms and conditions unless the prior express written consent of IDeezign has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Buyer and/ or Designer’s account. The Designer will be liable for any loss of business and legal expenses that IDeezign may incur in recovering it. IDeezign reserve the right to sanction funds held in the Designer’s Account in order to recover lost fees. Moreover, IDeezign will not mediate any Disputes or be liable to either the Buyer or Designer’s loss of business as a result of violation of this clause. Users must report attempts or project to make payment outside of IDeezign by their Buyer or Designer to IDeezign immediately.

Payments by Buyers are routinely checked by IDeezign for fraud prevention purposes, before any payments are released to the Designer. IDeezign aim to process these payments and credit funds to the Designer’s IDeezign User Account within Fifteen(15) working days, however IDeezign reserve the right to take up to twenty-one (21) working days.

To withdraw funds from their IDeezign User Account a Designer needs to request a withdrawal on an authorized withdrawal account. An authorized withdrawal account can be either:

a bank account under the user’s name as registered on his profile

a Paypal account with the same name and email address as registered on the user’s profile

a Paypal account with the same name as registered on the user’s profile and an email address that has been verified by the user

IDeezign process payments daily and will send the money to the Designer via their selected payment preference. Once IDeezign has processed payments, they are then subject to timescales imposed by the banking clearing system (BACS in the UAE).

For security reasons, IDeezign reserves the right to request additional information from Buyers and Designer, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

a copy of a Government issued ID (Passport, Driver’s License or National ID Card);

a copy of a recent utility bill showing your name and address (less than 3 months old);

For credit/debit card users (one of the following):

a copy of the front and back of the card used. For Security Compliance we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;

Credit or Debit Card Bank Statement of the card used on your IDeezign User account (less than 3 months old). For Security Compliance you must blank out the central 8 digits of the card number digits;

For PayPal users:

PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions.

For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account. Please see a complete listing of slow-to-pay countries.

In using the Escrow Account IDeezign act, subject to these terms and conditions, on the User’s behalf. IDeezign hold the funds in a separate client account. IDeezign IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Designers. We strongly recommend that all users do not hold balances on the platform. Funds held by IDeezign on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Users will not receive interest or other earnings on the funds in their Escrow Account or IDeezign User Account. IDeezign will endeavor to ensure that the funds in the Escrow Account or IDeezign User Account are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.

If IDeezign has to return funds to the Buyer due to the Buyer (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or Paypal then IDeezign will be entitled to recover any such amount from the Designer’s IDeezign User Account (and if insufficient monies are in the Designer’s Account), credit card or other previously made payment method if available. If IDeezign is unable to recover the amount returned to the Buyer from the Designer in full then the Designer agrees to pay to IDeezign any outstanding sums within 48 hours of IDeezign making a request.

To prevent funds being held indefinitely in the Escrow Account, IDeezign will notify the Designers in the event of funds being held in an Escrow Account for a project that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the Workspace for a period of one (1) calendar month or longer. Activity is defined as any action by the Buyer or Designer in the Workspace such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.

The Designer will be asked to confirm either i) that the project is still in progress by posting a message to the Buyer in the Workspace with an update on progress; ii) that the project has been completed by raising an Invoice in accordance with the terms defined in Section 3; or iii) that the project was cancelled and issuing the Buyer with a refund in accordance with the terms in Section 6.

If no action is taken by the Designer within seven (7) days it will be assumed that the project was not delivered by the Designer and the funds held in the Escrow Account will be automatically refunded back to the Buyer’s IDeezign User Account. In this event the Designer’s rankings will be affected in accordance with the terms in Section 6.

IDeezign uses third-party service providers including Adyen, Worldpay, Payoneer and Paypal to process payments by Buyers and to transfer funds to Designers. These third-party payment service providers are regulated and authorized to provide payment services in the countries where they operate. IDeezign may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.

All transactions and payments have to be through Ideezign. Ideezign holds no responsibility whatsoever and does not guarantee and payment(s) in case there was a direct communication(s), transaction(s) or payment(s) between the design seeker and the designer. Additionally, this will result in a ban from using Ideezign for a period that ranges between six months and two years.

Ideezign encourages the design seekers to carefully check and select the designers before assigning the job to them. Designers` ratings and reviews might assist in selecting the designer, however the final choice of the designer is solely up to the design seeker. Ideezign allows two revisions of the design free of charge. In case the design seeker asks for more revisions it is up to the designer to submit them for free or to charge for them. The transactions for the design revisions should be through Ideezign. The same terms and conditions apply.

Once the design seeker selects the designer, upload the project`s brief and confirm the transaction, the full payment(s) will be transferred to Ideezign. However, it will not be transferred to the designer except after seven working days from the date of receiving the first design submission. Ideezign allows up to two revisions per project free of charge. In case the design seeker requests revisions on the design and the designer accepts them. Ideezign will transfer 50% of the payment(s) to the designer after seven days from the date of receiving the first design submission by the design seeker. The balance 50% will be transferred after seven days from the date of receiving the revised design submission(s) by the design seeker. The selection of the designer is solely the decision of the design seeker, once the designer is selected, the transaction is confirmed and the design is received by the design seeker, the design seeker has no right to claim for a refund or any deductions from the payment(s).The only case the design seeker has the right to claim a refund is if the design was not submitted. In case there was a delay in the design by the designer Ideezign allows for a time extension for submissions of additional 25% from the timeline agreed between the design seeker and designer (which should be agreed clearly during the transaction and notified to Ideezign).The time extension is calculated based on working days for example if the agreed time of submission between the design seeker and the designer is ten days ,Ideezign allows for a maximum of 2.5 more working days for the first design submission. Both the original timeline and the extension are calculated based on working days and not calendar days. In case the designer exceeds the allowed time extension, the designer has to agree with the designer seeker of any further time extension. In case the design seeker does not notify Ideezign that there is any problem, delay or complain regarding the submission time line ,Ideezign will consider that further time extensions are agreed between the designer and design seeker. Once the design seeker notifies Ideezign that there is a delay in the design submission beyond the permissible time extension, Ideezign will allow for seven working days to reach an agreement between the designer and the design seeker and in case there was no agreement or further approved time extensions Ideezign will process the refund for the design seeker without notifying the designer. In that case Ideezign`s administrative fees might apply. The processing time of the refund varies from case to case. Repetitive behavior(s) of delay in the design submission will result in taking the necessary measures which might include suspending the account for a certain period of time. Designers have to consider Ideezign`s administrative fees while selecting the pricing category. The cost mentioned by the designer should allow for Ideezign`s administrative fees which will be processed to Ideezign before transferring the payment(s) to the designer. The payment received by the designer will not be the full amount mentioned on the costing category, the designer will receive the payment after deducting Ideezign`s administrative fees.

5. Leaving Feedback

When the project is completed and the Designer has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on IDeezign. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both parties (Buyer and Designer) leave their feedback within the first 60 days since invoice payment (funds released / amount paid). In case 60 days have passed, any submitted review is disclosed and users that haven’t left any review will no longer be able to do so.

Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to IDeezign.

Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

6. Cancellations and refunds

6.1 Cancellation of a project

After the Commencement of a project, the Buyer may request a cancellation:

If there are funds in the Escrow Account and the Buyer believes they are entitled to a refund, the Buyer can notify IDeezign of the cancellation by requesting a refund using the “Request Refund” action on the Workspace.

6.2 Project Refund policy

A Buyer is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:no response: the Designer has not responded in the Workspace within one (1) working day of the Commencement of the project;

non-delivery:

for Projects, the Designer of a project did not deliver the scope of work within the delivery timescales indicated in the project.

for fixed price or price per item Custom projects, non-delivery means agreed scope of work was not delivered within the agreed timescales;

for per hour rate Custom projects no time has been spent.

poor quality: with the exception of per hour rate Custom projects, the deliverables provided by the Designer do not meet the terms defined in Section 3.2.

Buyer and Designer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by IDeezign, as defined in Section 6.2.1 .

Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the Buyer confirms that the project (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Buyer accepts that this money is non-refundable.

Buyers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyer’s account being automatically suspended.

6.2.1 Requesting a refund

A Buyer can request a refund of the funds held in the Escrow Account using the “Request Refund” action in the Workspace and specifying a reason for their request.

IDeezign will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If IDeezign reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations IDeezign shall not be obliged to make the refund.

6.2.2 Refund and cancellation penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the IDeezign marketplace as follows:

where the Designer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Designer status and rankings;

where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;

multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

7. Disputes

IDeezign encourage our Designers and Buyers to try and resolve any disagreements between themselves. However should that not be possible IDeezign Customer Services can provide Dispute resolution.

A Dispute can be raised:

by the Designer manually after a Buyer has rejected an invoice;

To raise a dispute, the Designer is required to pay a non-refundable fee as per section

8.2

Disputes are available to Designer that have qualified as trusted members of the IDeezign community.

For Invoice Disputes specifically, the amounts taken into consideration for the Dispute are the lower of the escrow balance or invoice amount.

If the amount disputed is USD 100 or above, IDeezign may reach out to both parties in order to mediate and try and bring the Dispute to resolution.

IDeezign will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the workspace, then the dispute will either be cancelled or resolved in line with the mutual agreement.

In the event of having to make a resolution decision, IDeezign will use only the communication in the Workspace as sole evidence, and consider:

if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the project;

if the project was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;

for Disputes concerning the quality of the work delivered: IDeezign will consider whether the Designer has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;

if the Buyer and Designer have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, IDeezign will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated

Users agree and accept that any payments and/or other actions made by IDeezign in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against IDeezign (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold IDeezign liable for a Buyer or Designer’s alleged actions or failures.

8. IDeezign fees

8.1 Buyer Fees

The Buyer fees are for the use of IDeezign as an intermediate platform, they do not reflect the outcome of any Designer collaboration and will not be refunded. Buyer fees are broken down as follows:

Payment method      Service Fee

Credit / Debit card    USD 1 + 20% (+* + **)

Apple pay      USD 1 + 20% (+* + **)

Android pay   USD 1 + 20% (+* + **)

We may make changes to our service fees from time to time. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.

* Payment gateway charges estimated at 2.3%

** Value Added Tax (VAT) estimated at 5%

NDA Fee

IDeezign shall make available, upon payment of an optional fee of USD 30, a non-disclosure agreement (NDA) for the Designer and the Buyer to use in relation to a project. In providing the NDA we exclude all warranties in respect of and all liability for the following:

The enforceability or otherwise of the non-disclosure agreement

The fitness of the NDA for the purposes of either the Buyer, the Designer or both

The compliance with the NDA by the Buyer or the Designer

Any breach of the NDA by the Buyer or the Designer

The storage and/or retrieval of the signed NDA by IDeezign

Any loss of the signed NDA.

8.2 Admin fee for inactive User accounts

IDeezign IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Designers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. If a User has held dormant funds in their IDeezign User Account for a period of sixty (60) days or more then IDeezign reserves the right to charge a monthly administration fee of USD 9.95 (excl. VAT) for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User’s IDeezign User Account starting from the sixty first (61st) calendar day. The collection of this fee will end when either i) funds held are less than 60 days old, ii) the balance is cleared.

8.3 Currency Conversion

If you require a transaction within the IDeezign site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. Exchange rates fluctuations are not under IDeezign control.

A Currency Conversion Fee of 2.5% will be applied every time IDeezign performs a currency conversion. When a currency conversion is available by IDeezign, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorizing the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.

9. Referral Programme

9.1 General

The IDeezign Referral Program is a program that allows Users to receive certain benefits in their User account (“Referral Reward”) if they refer a non- IDeezign user (“Referred User”) to IDeezign and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through IDeezign (“Referral Invitation”).

9.2 Referral Reward

Referred Users will receive a coupon of USD 35. Said coupon will be redeemable upon checkout for purchases of at least USD 50 or their currency equivalent.

Subject to the eligibility conditions in Section 9.3, Users who refer others will receive the following as a reward for every successful referral:

The equivalent of USD 30 will be credited to their IDeezign account. Said amount can only be used as a form of credit for purchases on IDeezign available upon checkout to users invited to IDeezign via our referral programme.

9.3 Eligibility

To be eligible for the Referral Reward:

you must have an active User account on IDeezign;

you may not refer yourself for the Referral Program;

the Referred User should not already have a User account (active or inactive) on IDeezign;

the Referred User should sign up for a User account using the activation link of the Referral Invitation;

the Referred User should have received and paid invoices within 730 days (365 days) from registration of at least USD 75. Payments from the Referred User towards the User account as well as from the Referred User towards other User accounts that got referred by the User account are excluded from this Billing calculation.

Each User can receive monthly maximum of USD 150 in referral rewards.

9.4 Discontinuance or modification

IDeezign reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. IDeezign will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.

9.5 Non-compliance

IDeezign reserves the right to not grant or to remove any previously granted Referral Reward from your User account should any of the IDeezign terms and conditions not be met. IDeezign reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of IDeezign.

10. Vouchers

Users may receive funds deposited directly in their IDeezign User Account as part of a promotion or as a Referral Reward (see Section 9); or alternatively receive a promotional code for a fixed or percentage discount on services purchased on IDeezign (“Vouchers”).

These Vouchers:

will be for the exclusive use of purchasing services on IDeezign, their monetary value will not be available for withdrawal from IDeezign.

where the voucher is a direct deposit of funds in the user’s IDeezign User Account, the currency of the voucher will be the one that corresponds to the highest balance in the User’s IDeezign User Account in case there is one that is higher than the other two or USD in any other case.

where the voucher is in the form of a promotional code, the code can only be used once even if the voucher is used in a transaction for less than the monetary value of the voucher.

11. General terms of website use

The IDeezign terms of website use define how Users may make use of IDeezign whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.

12. Privacy Policy

By proceeding to use the IDeezign service, Users consent that IDeezign may process the personal data (including sensitive personal data) that IDeezign collects from them in accordance with the IDeezign Privacy Policy and the terms of the UAE General Data Protection Regulation 2016/679.

IDeezign may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-users.

IDeezign is not a party to any Service Contract between Buyer and Designer. Any Service Contract between a Buyer and Designer shall be in accordance with such Designer’s privacy policy and the terms of the UAE General Data Protection Regulation.

13. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of UAE. The courts of UAE shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

14. Related Policies

The following policies are part of these terms and conditions and should be read carefully:

Terms of website use

Privacy Policy

Posting policies:

Projects posting policies

Profile policies

Workspace policies.

15. Definitions

In these terms and conditions:

‘Billing’ is the total invoices paid during the month;

‘Buyer’ means a person buying services from a Designer on IDeezign;

‘Commencement of the project’ means either the purchase of an project by the Buyer or acceptance of a Proposal for a custom project by the Buyer in the Workspace;

‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through IDeezign;

‘Custom Project’ is a piece of work that commences with the acceptance of a Proposal by a Buyer or the acceptance of a Hire request by a Designer. This work is agreed either after the Buyer has posted a request on IDeezign or in direct communication between a Buyer and a Designer in the Workspace. A custom project can also be agreed as a follow on piece of work after a project purchase;

‘Guest’ means an unregistered user of IDeezign;

‘Per Hour Contract’ is a piece of work that commences with a Buyer placing a valid payment method on file that can be charged repeatedly by IDeezign and the acceptance of a Per Hour Proposal by the Buyer or the acceptance of a Hire request by the Designer

‘Dispute’ means a dispute raised in relation to a rejected Invoice;

‘Escrow Account’ means the virtual account where money is deposited on Commencement of the project and is only released in accordance with these terms and conditions;

‘Project’ means a pre-packaged service, that is offered on IDeezign by a Designer for a fixed price and delivered within fixed timescales.

‘Invoice’ means a bill for a completed project which is raised by the Designer in the Workspace or in the IDeezign payments dashboard;

‘Project’ means a piece of work that a Designer and Buyer agree via IDeezign is to be provided by the Designer to the Buyer. Project refers to work either agreed when the Buyer purchases a project, or when a Proposal by a Designer is accepted by the Buyer for a custom project;.

‘IDeezign ‘ means the website with the domain name www.IDeezign.com or IDeezign LLC as the context so requires;

‘IDeezign User Account’ means a User’s IDeezign persona, profile, settings, activities, invoices, transactions and funds balance available for you to withdraw;

‘Proposal’ means an offer made by a Designer to a Buyer to provide a custom project and which must contain a fee quotation;

‘Designer’ means a person selling services to a Buyer via IDeezign;

‘User’ means any registered person who uses IDeezign;

‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the Workspace. User Content does not include any materials or deliverables, or intellectual property therein arising from a project, which shall be assigned to the Buyer on successful payment for the project. User Content is the sole responsibility of the person who originated it;

‘Workspace™’ is where all the communication between Buyer and Designer is conducted in private. Via the Workspace, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a project.

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