Terms & Conditions
TERMS AND CONDITIONS
Effective Date: August 22nd, 2024
These terms and conditions (the "Terms and Conditions") govern the use of www.designsbykaliyah.com (the "Site"). This Site is owned and operated by DBK Media Company LLC. This Site is an e-commerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of DBK Media Company LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
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Harass or mistreat other users of our Site;
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Violate the rights of other users of our Site;
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Violate the intellectual property rights of the Site owners or any third party to the Site;
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Hack into the account of another user of the Site;
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Act in any way that could be considered fraudulent; or
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Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
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Photos;
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Videos; and
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Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. Your profile will be public and able to be viewed by other users and site visitors.
Accounts
To create an account you must provide an email address and password to our Members Area to be able to log in.
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When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up-to-date, accurate, and truthful, and you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
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Digital Graphic Design Services;
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Digital Documents including but not limited to downloadable stationery, templates, forms; and
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Video products i.e courses.
The following services are available on our Site:
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Graphic Design & Media-related Services
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The services will be paid for in full when the service begins, halfway through the service ( where applicable ), and when the service is completed.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
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Payments
We accept the following payment methods on our Site:
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Credit Card;
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Zelle;
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PayPal;
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Debit;
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Cashapp;
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Venmo; and
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Cash ( in-person ).
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds for Goods
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No refunds for goods because these are digital products..
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Refunds for Services
We provide refunds for services sold on our Site as follows:
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The fee for work is refundable pending only upon Kaliyah’s breach of contract or inability to complete the project. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Kaliyah Mosley. If the project has already started and work has been completed, the deposit or fee will NOT be refundable if the client decides to cancel Kaliyah's services for any reason.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Promotional emails and content
If you consent you agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
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Limitation of Liability
DBK Media Company LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless DBK Media Company LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Georgia.
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Preference of law and dispute resolution
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Georgia, United States, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the Municipal Court of Atlanta. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
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designsbykaliyah@gmail.com
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You can also contact us through the feedback form available on our Site.