Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the Services (Services) contained in Protectyourdesign.com (PYD/our site) to you. Please read these terms and conditions carefully before agreeing to subscribe and upload any designs. You should understand that by agreeing to upload your works, you agree to be bound by these terms and conditions we do advise you to print a copy for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use the Services.

Information about us

Protectyourdesign.com is a site operated by Lawdit Solicitors (we). We are registered in England and Wales under company number 4714251 and with our registered office at 1 Brunswick Place Southampton SO15 2AN. Our VAT number is VAT NUMBER is GB 780 9109 15

We are regulated by the Solicitors Regulation Authority which can be found at http://www.sra.org.uk/

Service availability

Our site is intended for use by people resident across the globe. However please note that in the event of a dispute the laws of England and Wales shall apply at all times.

PYD is a databank where designers and companies can manage and maintain their designs, copyrights.

Your status

By placing an order through our site, you warrant that:

  1. You are legally capable of entering into binding contracts; and
  2. You are at least 18 years old;

How the contract is formed between you and us

If you are an individual, you will first need to register with our site and log in using your email address and password. PYD allows you to upload any of your designs. After uploading the designs you will receive an e-mail from us acknowledging that we have received your design with its own unique reference number. All designs are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Design has been successfully uploaded (the email Confirmation). The contract between us (Contract) will only be formed when we send you the email Confirmation.

The Contract will relate only to those Designs which you have uploaded.

Price and payment

Using our Services is not free and details of the fees can be found on our site from time to time. These prices include VAT Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email Confirmation.

Our fees are as follows

If you are an individual we have the following payment terms

  1. For each design uploaded £3.00
  2. Annual fee with unlimited uploads £1,500.00

If you are a company with less than 10 employees

  1. For each design uploaded £3.00
  2. Annual fee with unlimited uploads £1,500

If you are a company with more than 10 but less than 50 employees

  1. For each design uploaded £3.00
  2. Annual fee with unlimited uploads £1,500

If you are a company with more than 50 employees

  1. For each design uploaded £3.00
  2. Annual fee with unlimited uploads £1,500.00

Payment for use of the Services must be by credit or debit card. We accept payment with all the major credit cards.

1.Warranties

Each of the parties warrants to the other that it has full power and authority to enter into and perform these Terms.

We shall perform the Services with reasonable care and skill.

Nothing in this agreement shall operate to exclude or limit the Host's liability for:

death or personal injury caused by its negligence; or

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

fraud; or

any other liability which cannot be excluded or limited under applicable law.

PYD shall not be liable to you for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

2.Intellectual property rights

You are advised to read and understand clause 8. It is important.

You retain all Intellectual Property Rights in the uploaded designs and grants PYD a licence to such Intellectual Property Rights to the extent required to perform its obligations pursuant to this agreement.

All Intellectual Property Rights in any Works arising in connection with the performance of the Services by PYD shall be the property of PYD, and PYD hereby grants to you an non-exclusive licence to such Intellectual Property Rights for the purposes of providing the services to you.

You shall indemnify PYD against all damages, losses and expenses arising as a result of any action or claim that your Works infringe any Intellectual Property Rights of a third party.

You understand and accept that when you upload your Work to a designated company you will be provided with a unique 6-character key which allows the Company to view and review your designs. You grant these Companies a licence to see the Designs.

3.Data protection

In this clause 1.13, Personal Data has the meaning given in the Data Protection Act 1998.

We warrant that, to the extent it processes any Personal Data it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.

4.Term and termination

This terms and conditions shall continue until you send an email cancelling your annual fees.

Such cancellation must take place within 14 days of the expiry of your annual membership.

On cancellation your designs will be remain on the site but shall not be viewed by any party. If you wish to obtain your designs at any point you must pay a fee of £50.00. It is advisable and important that you take a back up of all your works.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to Lawdit Solicitors Limited at info@lawdit.co.uk or through our address at the top of the page. We may give notice to you at either the e-mail or postal address you provide to us when uploading your designs. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

Law and jurisdiction

Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.