Terms of Service

1. Acceptance of Terms

By accessing and using the uxuidesign website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service constitute a legally binding agreement between you and uxuidesign, a design and development company located at Ayala Avenue, Makati City, Metro Manila, Philippines. Our services are available during business hours Monday through Friday, 9:00 AM to 6:00 PM Philippine Standard Time.

2. Description of Services

uxuidesign provides comprehensive user experience design, interface design, and web development services. Our offerings include but are not limited to UX/UI design, website development, mobile application design, branding consultation, and digital product strategy.

All services are provided according to the specific project requirements agreed upon between uxuidesign and the client. We maintain the highest standards of professional excellence and are committed to delivering innovative design solutions that meet your business objectives.

3. User Responsibilities

Users of our website and services agree to use the platform responsibly and in compliance with all applicable laws and regulations. You are prohibited from using our services for any unlawful purpose or to solicit others to perform unlawful acts.

You agree not to use the service in any way that could damage, disable, overburden, or impair our servers or networks. You also agree not to attempt to gain unauthorized access to any part of the service, other accounts, or any of the systems or networks connected to the service.

When providing project requirements and materials, you warrant that you have all necessary rights, licenses, and permissions to use any content, images, or materials you provide to us for your project.

4. Intellectual Property Rights

All content on the uxuidesign website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of uxuidesign or its content suppliers and is protected by international copyright and trademark laws.

For client projects, uxuidesign retains ownership of design methodologies, processes, and general knowledge developed during the project. However, upon full payment, clients receive full ownership rights to the specific creative works, designs, and code developed specifically for their project.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

5. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. We encourage you to read our Privacy Policy carefully.

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. All client information is treated as confidential and is not shared with third parties without explicit consent.

For European users, we comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. You have the right to access, rectify, erase, restrict processing, and port your personal data in accordance with applicable law.

6. Payment Terms and Conditions

Payment terms for our services are specified in individual project agreements. Generally, projects require a 50% deposit to commence work, with the balance due upon project completion and client approval.

All invoices are due within 30 days of the invoice date unless otherwise specified in writing. Late payments may be subject to a 1.5% monthly service charge. Projects may be suspended for overdue payments exceeding 15 days.

Refunds for design services are subject to the specific terms outlined in our project agreements. Generally, refunds are not available once significant work has commenced, but we will discuss any concerns regarding project satisfaction on a case-by-case basis.

7. Project Deliverables and Timelines

Project timelines and deliverables are established at the beginning of each project and documented in project agreements. We strive to meet all agreed-upon deadlines and communicate promptly regarding any potential delays.

Client feedback and approval are crucial to project success. We provide designated review periods for each project phase, and client delays in providing feedback may impact project timelines. We reserve the right to adjust project schedules and fees accordingly.

Final deliverables include all source files, design assets, and documentation as specified in the project agreement. We maintain project files for a minimum of one year after project completion for potential future modifications.

8. Warranty and Disclaimer

uxuidesign warrants that our services will be performed in a professional and workmanlike manner consistent with industry standards. We strive for excellence in all our design and development work and stand behind the quality of our deliverables.

However, the information on this website is provided on an "as is" basis. To the fullest extent permitted by law, we exclude all representations, warranties, conditions and terms which but for these legal terms might have effect in relation to this website.

We do not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.

9. Limitation of Liability

In no event shall uxuidesign, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the service.

Our total liability to you for all damages arising out of or relating to these Terms of Service or the services shall not exceed the amount you paid to us for the services giving rise to the claim in the twelve (12) months preceding the claim.

We are not liable for any delays or failures in performance resulting from acts beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

10. Indemnification

You agree to defend, indemnify, and hold harmless uxuidesign and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification obligation will survive these Terms of Service and your use of the service. You agree that we have the right to assume exclusive defense and control of any matter subject to indemnification by you.

11. Termination

Either party may terminate these Terms of Service at any time. If you wish to terminate your account, you may simply discontinue using the service or notify us in writing. We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever.

Upon termination, your right to use the service will cease immediately. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

For ongoing projects, termination will be governed by the specific terms outlined in the project agreement. Any work completed up to the termination date will be billed according to the agreed payment terms.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms.

It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

13. Governing Law

These Terms shall be interpreted and governed by the laws of the Philippines. Any disputes arising from these terms or your use of the service shall be resolved in the courts of Makati City, Metro Manila, Philippines.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Contact Information

If you have any questions about these Terms of Service, please contact us using the information below:

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.