Terms & Conditions

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement between One Less Design ("One Less Design," "we," "us," or "our") and you, the client ("Client" or "you"), regarding your access and use of the One Less Design website: www.oneless.design (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected to it. By accessing and using our Website, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with these terms and conditions, you must not use the Website. Failure to agree to these terms and conditions will result in the express prohibition of your use of the Website, and you are ordered to discontinue use immediately. Thereafter, the relationship between you and One Less Design shall cease and be of no further force and effect between the parties, except that any obligation of you to pay One Less Design for services rendered shall remain and continue to be an ongoing obligation owed by you to One Less Design.

1. Intellectual Property Rights

1.1 The Website and all its content, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), as well as the trademarks, service marks, and logos displayed on the Website ("Marks"), are the exclusive property of One Less Design. All intellectual property rights, including copyright and trademark laws, protect the Content and Marks. The Content and Marks are provided "As-Is" for your information and personal use only.

1.2 You may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Website, Content, or Marks for any commercial purpose without the express prior written permission of One Less Design. All rights in the Website, Content, and Marks are reserved by One Less Design.

2. Ownership of Design Work

2.1 Any design and original source files created on your behalf ("Projects") belong to you, and you shall be the sole owner of the copyright for all Projects.

2.2 In the event that any operation of law would cause One Less Design to become the owner of a Project, in whole or in part, rather than you, One Less Design irrevocably and perpetually assigns its entire interest in the Project to you, without limitation.

2.3 You warrant that any materials provided to One Less Design during the design process are owned by you and do not infringe upon or misappropriate any third party's rights, including but not limited to all intellectual property rights and any right of publicity.

2.4 One Less Design reserves the right to showcase your design work publicly on digital channels, including but not limited to social media and our website, unless otherwise agreed upon in a separate Non-Disclosure Agreement (NDA) between you and One Less Design.

3. User Representations

By using the Website, you represent and warrant that:

3.1 You have the legal capacity and agree to comply with these Terms of Use.

3.2 You are not a minor in the jurisdiction of your domicile.

3.3 You will not access the Website through automated or non-human means.

3.4 You will not use the Website for any illegal or unauthorized purpose.

3.5 Your use of the Website will not violate any applicable law or regulation.

4. Prohibited Activities

You shall not access or use the Website for any purpose other than that for which the Website is made available to you. The Website may not be used in connection with any commercial endeavors except those related to the work performed by One Less Design on your behalf. Further, you agree to refrain from the following:

4.1 Making any unauthorized use of the Website.

4.2 Retrieving data or content for the purposes of creating or compiling a database or directory.

4.3 Circumventing, disabling, or otherwise interfering with security-related features on the Website.

4.4 Engaging in unauthorized framing or linking of the Website.

4.5 Trick, defraud, or mislead One Less Design or other users.

4.6 Interfering with, disrupting, or creating an undue burden on the Website or One Less Design's networks or servers.

4.7 Using the Website in an effort to compete with One Less Design.

4.8 Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Website.

4.9 Bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof.

4.10 Harassing, annoying, intimidating, or threatening any of One Less Design's employees, independent contractors, or agents providing services through the Website.

4.11 Deleting the copyright or other rights notice from any Content.

4.12 Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material, including anything that interferes with any party's use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website.

4.13 Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism.

4.14 Disparaging, tarnishing, or otherwise harming One Less Design.

4.15 Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

5. Client Feedback

You acknowledge and agree that any questions, comments, suggestions, or other feedback or submission ("Submission") shall be the sole property of One Less Design. One Less Design is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. One Less Design shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to you under Paragraph 2 ("Ownership of Design Work"). One Less Design shall, at its sole and unrestricted discretion, use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to you. You agree that you have the right to articulate and put forth the Submission, and you hereby waive all claims and recourse against One Less Design for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

6. Management and Oversight

One Less Design reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. One Less Design further reserves the right to restrict or deny access to the Website or disable your use of the Website. Such decisions shall be in the sole discretion of One Less Design, without notice or liability to you. All decisions regarding the management of the Website shall be at the sole discretion of One Less Design and shall be designed to protect One Less Design's rights and property.

7. Privacy Policy

By using the Website, you agree to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States that govern personal data collection, use, or disclosure. Your continued use of the Website and transfer of data to the United States constitutes express consent to the transfer and processing of data in the United States. One Less Design does not knowingly accept or solicit information from individuals under the age of 18. In accordance with applicable laws, upon receipt of actual knowledge that an individual under the age of 18 has provided personally identifiable information to One Less Design without parental consent, One Less Design shall delete that information as soon as reasonably practical.

8. Returns and Refunds

One Less Design reserves the right to deny refunds based on its own discretion and without notice or liability to you. Refund requests are assessed on a case-by-case basis. Should you request a refund during the first month of use, all materials produced by One Less Design are the ownership of the company and are prohibited from being used by you in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. One Less Design reserves the right to take appropriate legal actions against you for breach of this paragraph.

9. Modification

One Less Design reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. One Less Design reserves the right to modify or discontinue all or part of the Website without notice and without liability to you.

10. Connection Interruptions

One Less Design does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond One Less Design's control. You agree that One Less Design shall not be liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Website during any interruption in the connection or service.

11. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

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Any dispute arising from or relating to these Terms and Conditions, or your use of our service (whether it is contractual or non-contractual), shall be exclusively subject to the jurisdiction of the courts of England and Wales.

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12. Litigation

Any legal action of whatever nature shall be brought in the state courts of [County], [State], or in the United States District Court for the District of [State]. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

13. Disclaimer

The Website is provided on an as-is, as-available basis. You agree that your use of the Website and services are at your sole risk. One Less Design disclaims all warranties, express or implied, in connection with the Website and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. One Less Design makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. One Less Design assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of One Less Design's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like transmitted to or through the Website by any third party, and any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. One Less Design does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website or any website or mobile application featured in any advertising.

14. Limitations of Liability and Indemnification

One Less Design and its directors, employees, members, independent contractors, or agents shall not be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from your use of the Website. You agree to defend, indemnify, and hold harmless One Less Design and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth herein; (4) your violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, One Less Design reserves the right, at your expense, to assume control and defense of any matter for which you shall be required to indemnify One Less Design hereunder. You agree to cooperate with the defense of such claims.

15. User Data

You are solely responsible for all data transmitted to or relating to any activity you undertake using the Website. One Less Design shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against One Less Design from any such loss or corruption.

16. Electronic Communications, Transactions, and Signatures

You hereby consent to receive electronic communications from One Less Design, and you agree that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by One Less Design or through the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between you and One Less Design. Failure of One Less Design to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between you and One Less Design.

19. Contact Information

For any questions or complaints regarding the Website, please contact: hello@oneless.design.