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Welcome you to Divine Technologies!

 

The website located on https://www.thedivinetech.com, its materials (including, but not limited to, the logos, designs, texts, graphics and other files) and the arrangement pattern is copyrighted work belongs to TheDivineTech. No part of this website may be transmitted, distributed or reproduced in any form or by any means without the prior written permission from thedivinetech.com. If we discover that any Third Party has used/is using our copyright materials in any form, we may bring legal proceedings seeking monetary damages and an injunction to stop infringement of materials.

This terms of use ("Agreement") set forth the legally binding terms for the use of thedivinetech.com website and its Services as a Customer. The terms, "We" and "Our" as used in this Agreement refer to thedivinetech.com. By registering/subscribing/obtaining for Services, you (as a Customer or a User) are accepting this Agreement, and you represent & warrant that you have the right, authority, and capacity to enter into this Agreement. So please read all terms and conditions carefully before you proceed. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

 

Definitions

  • "Agreement" means a negotiated and legally enforceable understanding between two or more legally competent parties that is intended to be enforceable by law.
  • "Party" means a person or business entity who has executed this Agreement. The parties to this Agreement are the Customer (User who has purchased any of the services offered by thedivinetech) and thedivinetech.com ("Site").
  • "User" means any user of thedivinetech.
  • "Delivered Design(s)" is (are) the design(s) created and delivered by thedivinetech.com to the Customer as per the obligations set out in the User Agreement.
  • "Order Marked as Completed" - If a Customer does not take any action within 14 days from last Delivered Design(s), then the order will be considered as "Completed" Automatically.
  • "Sold Design" means the Final Design selected by the User for his/her particular order
  • Custom Offers are exclusive proposals that TheDivineTech creates in response to specific requirements of a Buyer.
  • "Permitted Commercial Purposes" means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose or use.
  • "Graphic Design Orders" means any of the orders for Logo Design, Stationery Design, Banner Design, Social Media Design, Business Card, Book Cover, Signage Design, Label Design and T-shirt Design category and their services.
  • "Final Design" means design which is finalized for the order.
  • "lifetime" in any of the plans or on website means product lifetime. We reserve the right to discontinue a product for any reason at any time.
  • For any package or in PREMIUM, "Unlimited Revision Rounds" implies that you can request unlimited revisions for the designs you receive from us within a time period of 30 days from the date of the order and after which revision requests will not be entertained.

Agreement

  • Your privacy is critically important to us. It is our policy to respect your privacy regarding any information we may collect while operating our website(s), so please read Privacy Policy carefully before proceeding.
  • Customers at their discretion will directly choose the service from available different service packages and by obtaining the service they are accepting this Agreement.
  • Only registered Users may buy services on thedivinetech.com. Registration is free. In case Users are buying services without doing registration, they will be registered automatically with provided email ID(s) by them.
  • By registering or obtaining services from thedivinetech, you are giving us rights to contact you and send coupons, surveys, updates and other promotional emails, however the Customer will be able to unsubscribe promotional emails at any time.
  • Orders are the formal Agreement between a Customer and the Site.
  • Customers will make payment to thedivinetech.com in advance to place an order or to obtain any services and Payment will be routed through our third party payment processing partner, and you may be required to provide details which are necessary to complete the purchase. Payment processing fees will be collected additionally from the Customers.

Graphic Design Orders

  • While placing an order, the Customer must clearly specify his/her requirement so that we clearly know the criteria on which design should be created and finalized. Once details are provided by the Customer, he/she cannot change the requirement scope completely.
  • Designs will be transferred/delivered to the Customer in accordance with the obligations set out in the User Agreement.
  • Modification Rounds for changes in the designs will be provided to the Customers as per the package or offer selected by the Customer. Customers at their discretion may purchase additional Modification Rounds/additional services.
  • A Customer will get perpetual, exclusive, non-transferable, worldwide license to use the Sold Designs for Permitted Commercial Purposes. A Customer has no rights or licenses to use any Delivered Design concept or any design concepts being displayed on thedivinetech other than Final Design for the particular order.
  • If the Customer holds any Intellectual Property Rights of a third party and wish to incorporate into the designs, then Customer shall disclose the same while placing the order itself or immediately after placing the order and all further responsibilities of Intellectual Property Rights of the third party in the Delivered Designs shall be of the Customer.
  • Customer will be deemed to have accepted the designs unless Customer provides notice of rejection to thedivinetech within 14 days of delivery of the designs.
  • thedivinetech.com shall display the Delivered Designs as their portfolio or can use for marketing and promotion purposes, along with other required details, as thedivinetech retains the right to use all delivered works and details provided by the Customer for the order. If the Customer does not wish to display the same, it has to be notified in prior or can ask us to remove the same by sending an email on [email protected].
  • If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be canceled as well and you will no longer be able to use the Stock Image Extra on the same Order.
  • You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
  • No ownership or copyrights to Stock Images are granted to you.
  • Once the payment is received, the service must be utilised within 45 days from the payment date. After this period, no further revisions or new design requests will be accommodated.

Who owns the designs?

  • The copyright of all designs provided by TheDivineTech are owned by us, until that design has been selected as the finalized design.
  • When you buy a design from TheDivineTech, ownership of that design transfers to you. Note that you do not own all the designs submitted to you by TheDivineTech, you will get ownership only the design that you eventually select, purchase and download & finalize. Note that before you select a design, the copyright of the designs is held by TheDivineTech. 
  • Social media Cover, brochure and other non-logo designs may include components/artwork for which the copyright remains with the TheDivineTech only.  These designs may include photos, icons or artworks that the TheDivineTech has purchased the right to use (i.e. they do not own the copyright) or that the TheDivineTech owns but publishes elsewhere.  The copyright of these components may remain with the TheDivineTech or the original "third-party" designer.  In such a case, we will ensure you have the right to and you will be granted a right to display those designs.  
  • Logo designs should not include third-party stock or vector components.  Any fonts used in logos should be owned by TheDivineTech such that there is no impediment to transferring ownership of the design to the client.  TheDivineTech should clearly identify any elements of their design (fonts, graphics or other elements) where ownership cannot be automatically transferred to the client as part of the purchase.
  • If the Customer does not wish to display designs, it has to be notified in advance or can ask us to remove the same by sending an email on [email protected].
  • If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be canceled as well and you will no longer be able to use the Stock Image for your commercial or personal usage.
  • You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
  • No ownership or copyrights to Stock Images are granted to you.

Review / Testimonial

  • We will display testimonials of Customers on the website or we will use it for marketing or promotional purposes of TheDivineTech. If you choose to provide a testimonial on the Site, we may post your testimonial along with other required details.

Disputes and Cancellations

  • In case any inconsistency prevails between the terms of this Agreement and any other Agreement between Customer and Site, then those documents will be read in the following order of precedence.
    • First, the Services Agreement (This Agreement) will take precedence over all other documents; and
    • Second, any separate Agreement between the Customer and the Site will take precedence over this Agreement.
  • The Customer is eligible to cancel the order or get a refund. Please refer to the Refund Policy to know more.
  • For Graphic Design Orders
    • Once thedivinetech delivers the First Set of design(s), a Customer can ask for the edits/updates for the provided design(s), but the redesign from scratch won't be possible.
    • If the Customer does not take any action(s) within 14 days from the delivery of design(s), then the Order will be considered as Completed and a Customer can not cancel the order and can not ask for more designs.

Governing Law

  • This Agreement will be construed by and governed in accordance with the laws of the State of Gujarat in India. The Parties submit to the exclusive jurisdiction of the courts of Rajkot, Gujarat, India.

Miscellaneous

  • We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
  • It is also agreed that in the event any article or provision or part thereof this Agreement is held to be unenforceable or invalid then other remaining articles or provisions shall remain in full force and effect.

Indemnification

  • You agree to defend, indemnify and hold thedivinetech.com harmless from any events and against indirect, consequential, exemplary, incidental, special or punitive damages, all claims, costs, and expenses, including, but not limited to, attorneys' fees, arising from or related to your use of our Website or any contracts or any Services you purchase through it.

Refund Policy

  • A Refund Policy is an Agreement where Customers are informed about refund policies.
    • The Customer is eligible to get a refund
      • If the customer request for the refund prior to initial order delivery / first set of designs than only refund can be issued.
    • The Customer will not be eligible for a refund in case
      • A Customer has already asked to/is asking to update/edit the First set of designs he/she has received for the order then it is considered as acceptance of provided designs hence refund, or cancellation will not be possible after that point.
      • If a Customer does not take any action(s) within 14 days from the delivery of designs then the Order will be considered as “Completed” Automatically and he/she will not be eligible for the refund.
  • How will Customers receive the refund (credit or replacement)?
    • The amount shall be refunded to the Customer by the same mode through which the original payment was made for purchase or via any other method specified by TheDivineTech.
    • Customer acknowledges - Once refund process is initiated or refund is made, a Customer agrees that
      • He/She will not use the any of the earlier Delivered Designs, and he/she gives up the right to use designs.
        • Usage of such design(s) shall make infringement of User Agreement.
        • He/She will avoid any dispute or increased costs to thedivinetech.
      • Who pays/bears payment processing fees?
        • Payment gateway processing fees shall be borne by the Customer. The amount shall be refunded after deducting processing fees/charges.

Promo Codes

  • From time to time we may offer you promo codes for purchasing services offered on the Site, on special discounts. Promo Codes are valid only for purchases on TheDivineTech and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. TheDivineTech reserves the right to modify or cancel promo codes at any time.

Taxes

  • TheDivineTech may be required by applicable laws to charge users with indirect taxes such as Sales Tax, VAT or GST, TheDivineTech will be required to collect text amount with the purchase amount or any other fees payable by the Buyer, as required by applicable laws.
  • Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment. 
  • Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

 We reserve the rights to cancel the order at any time

  • In case of breach of any term or clause of this Agreement, TheDivineTech reserves the right to cancel the order/purchase at its sole discretion without giving prior notice to the Customer regarding the same.