At Designviva, we offer a distinctive online platform that facilitates seamless communication between two major players: our valued customers seeking to purchase designs and our creative designers eager to provide exceptional design services. Our goal is to ensure customer satisfaction by connecting them with the best-suited designers from our pool of talented professionals. The provision of Services is carried forth through various means such as Design Contests, Partner Integrations, Project Services, and related services. Additionally, Adobe Stock is made available to users. The term User refers to any individual who utilizes the Site or Service, whether they are a Designer or Customer. The term Sold Design refers to the victorious Design Concept (as outlined in Section 2(a) underneath) that has been procured, the bought Design Template (along with its tailored version), or the design that has been traded via the Project Service. Sale denotes the pertinent exchange. The term IPR encompasses all forms of intellectual property rights acknowledged by the legislation of any given country, including but not limited to, trade secrets, copyrights, trademarks, mask work rights, and patents. The term Adobe Stock refers to all images owned by Adobe and licensed to Designviva, along with any resulting derivatives, modifications, enhancements, or extensions created at any point in time.
The commencement of a Design Contest can be initiated by the customer, via the creation of a comprehensive Design Brief. The payment of the designated Customer Payment to Designviva, along with adherence to all site instructions, is mandatory for eligibility. It is imperative that the Design Brief unambiguously communicates the prerequisites for the Design Contest, to ensure that Designers are well-informed about the regulations and standards that will be considered while assessing their Design Concepts. At present, there exist two categories of Design Contests: (1) the conventional Pre-Paid Contest, and (2) the Guaranteed Contest. Designers, at the invitation of Designviva (as determined solely by Designviva), are welcome to participate in a Design Contest by submitting their Design Concepts, which should be formatted according to Designviva's specifications and instructions. To ensure compliance with the Design Brief, please adhere to all guidelines as provided. (b) In the event of Guaranteed Contests, it is imperative that the Customer selects a winning Design Concept(s) within the allotted time as determined by Designviva. Should there be no clear winner in the qualifying or final round, Designviva will securely hold onto the Customer Payment while ensuring the Designer Fee is distributed accordingly. In the circumstance that a Guaranteed Contest's final round yields no victor, Designviva is authorized to keep the Customer Payment. Meanwhile, the Designer Fee will be disbursed among the finalists who meet the requirements determined by Designviva at its exclusive legal discretion, in the form of Designviva Credits pro rata. Upon reaching the concluding stage of the Guaranteed Contest, Designviva will distribute a portion of the Designer Fee to participants who have successfully met its established criteria. It is important to note that once this distribution occurs, the Customer forfeits any entitlements to both reimbursement and utilization of the Design Concepts. The decision to award such prizes will be made solely at the discretion of Designviva. In order to participate in a Pre-Paid Contest, it is mandatory for the Customer to choose one or more Design Concepts that they deem as winners before the closure of the said contest. The Customer is permitted to withdraw from the Pre-Paid Contest (with the exception of a Guaranteed Contest) and receive a refund of their Payment before the final round and before the contest draws to a close. Within 60 days of payment for a Pre-Paid Contest, customers have the option to request a refund on their Customer Payment. This is only valid if finalists were not selected by the customer and pertain solely to Pre-Paid Contests (not Guaranteed Contests).
Designviva will issue the refund to the customer using the payment method originally utilized by the customer in making payment to Designviva. In the event that an alternate payment method is deemed appropriate by Designviva, it may be selected at its discretion. Should a refund be necessary and a credit card chargeback ensues, Designviva bears the responsibility of fully addressing such a situation. (a) It is imperative that the Designer remunerate Designviva for the relevant fee charged (the compensation will be primarily obtained from the Designviva Credits owned by the Designer, and any outstanding amount must be paid by the said Designer to Designviva upon request). (b) Upon receipt of the Customer Payment, the Designer Fee will be deducted from the amount and paid to the Designer. The Designviva will reimburse the Designer Fee to the Customer only when the Designer has made the payment to the Designviva. The Designviva may refund Customers for various reasons, including but not limited to incomplete or unsatisfactory work by the Designer, the delay in project completion, or the breach of contract by the Designer. Our utmost priority is to ensure that the Customer receives the best possible service and satisfaction with the work delivered. 1. The design that was sold has been deemed faulty. 2 Additionally, Designviva acknowledges the legal obligation or perceived legal obligation to disclose this information. 3. After careful consideration, Designviva has come to the conclusion that providing a refund to the Customer would be the most effective approach for avoiding any potential disputes or additional costs to our platform. 4. Designviva shall refund the Customer in compliance with the prevailing refund policy established by Designviva at any given time. 5. Upon examination, it has been determined that the request submitted by the customer is deemed fraudulent. 6. Due to an inadvertent error, the customer unintentionally placed a request or order that was duplicated. 7. According to Designviva's exclusive judgment, it is deemed probable that reimbursement would be required to evade a credit card chargeback. A design that has been sold will be categorized as Defective.