DESIGNFLOATER TERMS OF SERVICE


Latest version: 13-06-2017

1. Overview

DesignFloater BVBA is a company established under the laws of Belgium, having its offices at 9000 Gent, Lousbergskaai 106/20 and his headquarters at 1600 Sint-Pieters-Leeuw, Victor Nonnemanstraat 56 2.1, registered with the BCE under the company number 0633.828.583 “DesignFloater”.

DesignFloater offers a design platform via their website located at www.designfloater.com (the “Website”). DesignFloater creates a network between designers and manufacturers and tries to increase the possibility to realise designs.

DesignFloater provides the Website and its related services (”Service”) subject to your compliance with the terms and conditions (”Terms of Service”) set forth below.

2. Agreement to the terms of service

By using our Service (online), you agree to be bound by these Terms of Service. If you are accessing and using the Service on behalf of an organisation, a company or other legal entity, you represent and warrant that you have the authority to bind such organisation, company or legal entity. In such case, “you” or “your” will also apply to such organisation, company or legal entity.

These Terms of Service complement the Special Terms of Service as is stated on www.designfloater.com/pricing.

Violation of any part of the Terms of Service may result in termination of your account.

3. Changes to the terms of service

DesignFloater reserves the right to update and modify the Terms of Service at any time without providing you with a prior notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service on: www.designfloater.com.

4. Definitions

“Basic subscription for Manufacturers” means the right to add services, videos, projects to a business profile, build a reputation, receive messages from Designers, search for and communicate with Manufacturers, a one-time reference in DesignFloater’s newsletter and search for and work on Projects.

“Concept” means a production idea that is not yet in the production stage and still needs to be further developed.

“Basic package for Designers” is an Offline Service and means finding the suitable Manufacturer, supplying the production and material possibilities and providing 30 minutes of expert support for the Concept or Project.

“Paying User” means any natural person or legal entity that uses the Service against payment to offer Services to Designers and Manufacturers on the Website.

“The Special Terms of Service” are agreements that count for one specific contract and are stated on www.designfloater.com/pricing. In the Exceptional Provisions the Special Conditions are explained regarding the subscriptions for Designers and Manufacturers.

“Designer” means any natural person or legal entity that uses the Service to realize his Concepts and Projects.

“Services” means Services provided by a Manufacturer for a Designer or Manufacturer.

“Expert Package for Designers” is an Offline Service and means an extension of the Pro Package for Designers, with which the Designer can seek the assistance of DesignFloater in finding Outlets, Labels and in conducting Market Research.

“Expert Package for Manufacturers” is an Offline Service and means an extension of the Pro Subscription for Manufacturers, with which Manufacturers can appeal for the Offline Services of DesignFloater.

“Manufacturer” means any natural person or legal entity that uses the Services to offer Services to Designers and Manufacturers on the Website.

“Project” means making a product description on the Website, regarding a Project that is in the making or that is already realized.

“Free User” means any natural person or legal entity that uses the Service to realize his Concepts and Projects.

“Free Online Service for Designers” means the right to publish, free of charge, an online profile and portfolio on www.designfloater.com and to make a Project and a Concept. This Service includes the right to search online for and communicate with Designers and Manufacturers, to manage one or more Projects and to realize Concepts with the help of the automatic search function for Concepts.

“Free Online Service for Manufacturers” means the right to publish, free of charge, a business profile on www.designfloater.com.

“Label” means any natural person or legal entity, with which DesignFloater has contact and can bring Designers in contact with, with the aim of putting the Project on the market.

“Offline Services” means providing Offline Services to Manufacturers and Designers by DesignFloater.

“Agreement” means the concision of the will of the parties to make a commitment.

“Pro Subscription for Manufacturers” means the right to add Services, videos and Projects to a business profile, build a reputation, receive messages from Designers, search for and communicate with Manufacturers and Designers, a one-time reference in DesignFloater’s newsletter and search for and work on Projects, to receive professional reviewing and become the “Manufacturer of the week” on DesignFloater and its social media.

“Pro Subscription for Designers” is an Offline Service and means finding the suitable Manufacturer for a Concept or Project, supplying the production and material possibilities, requesting quotations and providing 60 minutes of expert support.

“Set up” means the creation of an account by DesignFloater for a Designer or Manufacturer.

“Selling Points” means any natural person or legal entity with which DesignFloater has contact and can bring Designers in contact with, with the aim of selling the Projects of the Designer.

5. Use of the service

5.1 Your account as a Designer.

You must provide your full legal name, a valid email address, and any other required information to create an account. Via your account you are granted access to the network of DesignFloater whereby you can set up your own Profile and Portfolio. Subsequently, you have the chance to create your Concept and search for Manufacturers and Services via DesignFloater in function of materials or editing possibilities. Via your account you can come in contact with other members of DesignFloater and easily communicate with them. You are responsible for maintaining the privacy and security of your account. DesignFloater will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. DesignFloater has the right to modify, improve and edit information from your Profile and Portfolio. In case that DesignFloater makes such changes, you will be informed about it within a reasonable timeframe. In addition, you are responsible for all activity occurring under your account and you accept to indemnify DesignFloater in that respect.

5.2 Your account as a Manufacturer

You must provide the full company name, the company address, company number, the full legal name of a representative of the company, a valid email address, and any other required information to create an account. By creating an account on the Website, you have the chance to attract new customers that reach you via your profile. Subsequently, you can easily manage and connect potential clients with Designers. By realizing Projects you can further develop your image. You are responsible for maintaining the privacy and security of your account. DesignFloater will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. DesignFloater has the right to modify, improve and edit information from your Profile and Portfolio. In the case that DesignFloater makes such changes, you will be informed about it within a reasonable timeframe. In addition, you are responsible for all activity occurring under your account and you accept to indemnify DesignFloater in that respect.

6. Prohibited use

Activities expressly prohibited include but are not limited to the promotion or support of hate crime, physical threats to individuals or groups, exploitation of children (sexually or otherwise) or dangerous or illegal activities. In addition, you may not: (i) resell, duplicate, reproduce or exploit any part of the Service without the express written permission of DesignFloater. (ii) use the service to store, host, or send unsolicited email (spam) or SMS messages. (iii)use the service to transmit any viruses, worms, or malicious content or commit internet fraud. (iv) access the service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

7. Communication

DesignFloater may communicate with you via email regarding your account, system updates, or other issues related to your account. Any questions regarding the Terms of Service or the use of the Service should be addressed to support at helpdesk@designfloater.com.

8. Refusal

DesignFloater may refuse service to anyone for any reason at any time.

9. Liability

9.1 The Manufacturer who provides Services will enter directly into a separate agreement with a Designer. DesignFloater is not a party to such separate agreement between the Manufacturer and the Designer. DesignFloater only functions as an intermediary and cannot be held responsible if the Manufacturer does not meet the requirements of the Designer and vice versa. DesignFloater does not guarantee a (successful) sale of the Projects that are put into production via DesignFloater.

9.2 Neither DesignFloater, nor its partners, affiliates and sponsors are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, including lost profits, loss of data, service interruption, computer damage or system failure, arising out of or relating in any way to your use of the Service.

10. Links

The Website contains links to other websites. DesignFloater is not responsible or liable for the processing of personal data by these websites. Our Privacy policy is therefore, not applicable to these certain websites.

11. Specific modalities

Obligation of the Designer when using Offline Services:

The Designer is responsible and liable for supplying the information below before DesignFloater can start its Offline Services:

  1. Plans, technical drawings, sketches
  2. Photos of the prototype or finished product
  3. Any contacts that were already made with (possible) Manufacturers
  4. Production prices and quotations that were already set up
  5. Possible known production errors

12. Termination

12.1 Termination by the User

As a Free User you can terminate your account at any time by contacting our helpdesk on the following address helpdesk@designfloater.com. This is the only way to cancel your account. Other email or phone requests to cancel your account will not be deemed cancellation.

As a Paying User you can only terminate your account when the subscription has expired. When dissatisfaction with the Service occurs, DesignFloater will not be required to refund any fees paid by you and you will remain liable for all amounts due hereunder

12.2 Termination by DesignFloater

DesignFloater reserves the right to discontinue the Service in full or in part, at any time for any reason without prior notice to you. Violation of any part of the Terms of Service may result in suspension or termination of your account. In the event of such a violation of these Terms of Service, DesignFloater will not be required to refund any fees paid by you and you will remain liable for all amounts due hereunder.

13. Representations and warranties

The use of the Service, including any content, information or functionality contained within it, is provided “as is” with no representations or warranties of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, DesignFloater makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) the uninterrupted availability of the Service (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.

14. Protection of personal data

Please refer to our Privacy Policy for information on how we collect, use and disclose information of our users.

15. Confidentiality

Parties are obliged to take into account strict secrecy, regarding all Confidential information, with which parties or persons come in touch during the execution of the Offline Services. Confidential information is all materials, documents, ideas, data or other information that:

  1. is in relation with research and development, company secrets or company information of another party;
  2. is marked as confidential

and that is entrusted to the other party in the context of the execution of these Offline Services.

Confidential information is not the information that:

  1. was already known with the other party before the execution of the Offline Services
  2. is generally known or will become without this being due to the receiving party;
  3. is legally obtained by the receiving party by a third party that by this means has not violated the obligation of secrecy with respect to the other party;
  4. was independently developed by the receiving party

16. Copyright and ownership

DesignFloater and its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation, as well as the lay-out and structure of the Website. Information provided by the Service remains the sole property of DesignFloater. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble or use in any way any aspect of the Service which DesignFloater or its suppliers own. DesignFloater claims no intellectual property rights over the content you upload or provide to the Service. In principle the Designer retains the copyrights and other intellectual property rights to the Project and the Concept. By using the Website the Designer bears the risk regarding to possible copying, imitating or steeling of his Project and Concept, model, idea or other right to intellectual property. When DesignFloater posts a Project in the name of and for the Designer or communicates with Manufacturers, Selling Points and Labels, he is fully responsible for the Project in which DesignFloater does not bear any responsibility. By using the Service you agree that others may view your content and that DesignFloater may use your content for its own promotional purposes. By uploading content to the Website, you grant DesignFloater a fully paid-up, worldwide, irrevocable, non-exclusive, transferable license to use such content.

17. Payment

All prices displayed on the Website are in Euros and excluding VAT, other taxes or levies. Payment can be made either via credit card, debit card, PayPal or bank transfer. However, DesignFloater reserves the right to offer less than the abovementioned range of payment options. By calling for DesignFloater’s paying Service you agree with the tariffs mentioned on the website. Invoices must be paid within 14 calendar days of receipt. Payments after this period shall by operation of law and without prior notice of default carry an interest of 10% per year, as well as a compensation of 10% on the invoice value (with a minimum of 25,00 EURO as compensation).

Should you terminate the Agreement or cancel or if the Agreement cannot take place by your doing, you owe DesignFloater a damage claim of 20% of the invoice value for which the Agreement was set up.

18. Other provisions

If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. The failure of DesignFloater to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and DesignFloater as to the Service and supersedes any prior agreements between you and DesignFloater (including, but not limited to, prior versions of the Terms of Service).

19. Dispute resolution

Any dispute that comes forth out or is related to the Terms of Service supplemented with the Special Terms and the use of the Service or a violation thereof will be exclusively governed by Belgian law for all claims, without taking account of law, rules or principles chosen elsewhere. Any dispute related to the use of the Service will be adjudicated exclusively by the courts of Brussels, Belgium.