Terms & Conditions
Last updated: 2023-09-01
THIS TERMS & CONDITIONS AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Hurricane Works, JSC (Legal entity code: 306436349), a company organized under the Laws of Lithuania (“Design Hurricane”) and the client, whether personally or on behalf of an entity (“Client”), regarding access and use of Design Hurricane’s website: https://www.designhurricane.com (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website. The Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Design Hurricane shall cease, except for any obligation of Client to pay Design Hurricane for services rendered.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Design Hurricane. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Design Hurricane. They are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Lithuania and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. No part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Design Hurricane’s express prior written permission. Design Hurricane reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
All design and original source files created on Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Design Hurricane to become the owner of a Project, in whole or in part, rather than the Client, Design Hurricane irrevocably and perpetually assigns its entire interest in the Project to the Client. The Client warrants that any materials provided to Design Hurricane during the design process are owned by the Client and do not infringe on any third party’s rights. Design Hurricane reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed upon.
3. Third-Party Fonts
If any Project incorporates fonts that are not owned by Design Hurricane and require a commercial license, Design Hurricane will inform the Client. The Client will need to purchase the necessary licenses for the fonts to legally reproduce, distribute, or publicly display the Project. The Client assumes all responsibility for any consequences resulting from a failure to purchase the necessary licenses.
4. User Representations
By using the Website, the Client represents and warrants that they have the legal capacity to comply with these Terms & Conditions, will not access the Website through automated means, will not use the Website for any illegal purpose, and that their use of the Website will not violate any applicable law or regulation.
Additionally, Client represents and warrants that (i) they are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) they are not listed on any United States government list of prohibited or restricted parties.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which it is made available. The Client agrees to refrain from unauthorized use of the Website, retrieving data for database creation, circumventing security features, unauthorized framing or linking, tricking or misleading Design Hurricane or other users, interfering with the Website or Design Hurricane’s networks, using the Website to compete with Design Hurricane, reverse engineering any part of the Website, uploading or transmitting harmful material, disparaging Design Hurricane, or using the Website inconsistently with applicable laws.
6. Client Feedback
Any feedback or submission from the Client shall be the sole property of Design Hurricane. Design Hurricane shall be the exclusive owner of all rights related to the feedback, except where rights are granted to the Client. The Client agrees that they have the right to provide the feedback and waives all claims against Design Hurricane for its use.
7. Management and Oversight
Design Hurricane reserves the right to monitor the Website for violations and to take appropriate legal action. Design Hurricane may restrict or deny access to the Website or disable the Client’s use of the Website at its sole discretion.
8. Privacy Policy
By accepting these Terms, the Client authorizes Design Hurricane to collect, use, keep and otherwise process the personal data that the Client has submitted to Design Hurricane or that Design Hurricane has obtained as a result of the provision of the Services without violating the applicable personal data protection regulations. The detailed procedure of collection, use and keeping of the Client’s data is described in the Privacy Policy, which the Client may access here.
The Company may collect the data about the Client’s use of the Services, and use this data as evidence in case of a dispute.
9. Returns, Refunds and Termination by Client
Design Hurricane reserves the right to exercise its discretion in denying refunds. All refund requests will be individually evaluated. Should a refund be determined to be appropriate within the initial month of service, all materials generated by Design Hurricane shall remain the exclusive property of the company and may not be utilized by the Client. A 25% fee may be levied on the remaining billable period for approved refunds. Any violation of this provision may result in legal action being pursued against the Client.
In the event of service termination with Hurricane Works, the Client must provide notice no less than 5 business days prior to the commencement of the subsequent month.
9.1 Termination of Service by Design Hurricane
Design Hurricane reserves the right to suspend or terminate your subscription and services for any of the following reasons:
(a) You have materially breached these Terms and failed to remedy the breach within 30 days after Design Hurricane has notified you in writing.
(b) You cease your business operations or become subject to insolvency proceedings, and such proceedings are not dismissed within 90 days.
(c) You fail to make payment for services within 30 days past the due date.
In addition to the above, Design Hurricane may limit, suspend, or terminate the services provided to you if:
(i) You fail to comply with these Terms.
(ii) Your use of the services causes legal liability to Design Hurricane or disrupts the use of services by others.
(iii) Design Hurricane is investigating suspected misconduct by you.
Should we limit, suspend, or terminate the services you receive, we will make reasonable efforts to provide you with advance notice and an opportunity to obtain a copy of your content from that service. However, certain time-sensitive situations may necessitate immediate action without prior notice. Design Hurricane will make commercially reasonable efforts to minimize the scope and duration of any limitation or suspension as needed to resolve the underlying issue.
Please note that Design Hurricane has no obligation to retain your content upon termination of the applicable service.
10. Modification
Design Hurricane reserves the right to change, modify, or remove any content on the Website at its sole discretion. The company may also modify or discontinue all or part of the Website without prior notice.
11. Connection Interruptions
Design Hurricane does not guarantee uninterrupted access to the Website. Interruptions or errors beyond the company's control may occur. The Client agrees that Design Hurricane is not liable for any inconvenience caused by such interruptions.
12. Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law principles.
13. Litigation
Any legal action related to these Terms & Conditions shall be brought in the appropriate courts of Lithuania. Both parties’ consent to the jurisdiction of such courts and waive any objections to the venue.
14. Disclaimer
The Website is provided on an "as-is" and "as-available" basis. The Client acknowledges and agrees that the use of the Website and its Services is solely at the Client's own risk. Design Hurricane expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Design Hurricane does not make any representations or warranties regarding the accuracy, completeness, or reliability of the Website's content or any content on linked websites.
Design Hurricane shall not be held liable for any errors, inaccuracies, or omissions in the content and materials on the Website; any unauthorized access to or use of Design Hurricane's secure servers and/or any personal or financial information stored therein; any interruption or cessation of transmission to or from the Website; or any malicious software, such as bugs, viruses, or Trojan horses, that may be transmitted to or through the Website by any third party. Furthermore, Design Hurricane assumes no responsibility for any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available on the Website.
Design Hurricane does not endorse, warrant, or assume responsibility for any product or service advertised or offered by third parties through the Website or any linked website, nor does Design Hurricane have any affiliation with websites or mobile applications featured in any advertisements.
15. Limitations of Liability and Indemnification
Design Hurricane, including its directors, employees, members, contractors, agents, and affiliates, shall not be held liable to the Client or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenue, lost data, legal fees, court costs, or any other losses arising from the Client's use of the Website or its Services.
The Client agrees to defend, indemnify, and hold harmless Design Hurricane, its parent companies, subsidiaries, affiliates, and all respective directors, officers, members, agents, partners, employees, and contractors against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
· The Client's use of the Website;
· Any breach of these Terms & Conditions by the Client;
· The Client's failure to adhere to any representation or warranty provided herein;
· The Client's infringement upon the rights of any third party, including intellectual property rights.
Design Hurricane retains the right, at the Client's expense, to assume the exclusive defense and control of any matter subject to indemnification by the Client. The Client agrees to cooperate fully with Design Hurricane in asserting any available defenses in such cases.
16. User Data
The Client is responsible for all data they transmit or generate while using the Website. Design Hurricane is not liable for any loss or corruption of such data.
17. Electronic Communications
The Client acknowledges and consents to engage in electronic communications with Design Hurricane. This includes, but is not limited to, receiving agreements, notices, disclosures, and other essential communications via email or directly through the Website. The Client affirms that such electronic communications fulfill any legal obligations equivalent to written communications.
Furthermore, the Client agrees to:
· Utilize electronic signatures, contracts, orders, and other records, recognizing their legal equivalence to traditional written forms.
· Accept electronic delivery of notices, policies, and records of transactions initiated or completed by Design Hurricane via the Website or other electronic means.
The Client expressly waives any rights or requirements present in any jurisdiction that necessitates the use of non-electronic signatures, the delivery or retention of non-electronic records, or the execution of transactions through non-electronic methods.
18. Showcasing Design Work
Unless otherwise agreed upon, Design Hurricane reserves the right to showcase design work on various digital channels. The Client reserves the right to issue an NDA between themselves and Design Hurricane, which in turn would void the right of Design Hurricane to share or discuss Client's work publicly.
19. Miscellaneous
These Terms & Conditions, along with any policies posted on the Website, constitute the entire agreement between the Client and Design Hurricane. Any changes or modifications to these terms must be in writing and signed by both parties.
20. Payment and Subscription Management
Payments for services provided by Design Hurricane shall be processed through Stripe, a third-party payment gateway. Customers can use their preferred payment methods available on Stripe. Upon successful payment, an invoice will be generated and issued to the customer. Customers have the flexibility to manage their subscriptions, including pausing or starting their subscriptions, through their Stripe client panel.
For those interested in Webflow development, it is mandatory to have an active design subscription with Design Hurricane before availing of the Webflow development service. This can be ordered via the Stripe client panel.
Should the client fail to make payment within the prescribed subscription term, Design Hurricane reserves the right to temporarily suspend services. Services will be resumed promptly upon receipt of the outstanding payment.
21. Design Requests and Communication
All design requests from clients shall be submitted through the Trello Kanban board. This platform will serve as the primary mode of communication and task management between Design Hurricane and its clients for design-related projects.
22. Services Offered
Design Hurricane offers a comprehensive range of design services, including but not limited to:
· SaaS designs
· Wireframes
· Billboards
· Mobile apps
· User journeys
· Email graphics
· Websites
· Slide decks
· Resumes
· Landing pages
· Pitch decks
· Business cards
· Brand guidelines
· Infographics
· Packaging design
· Brand strategy
· Brochures
· Lottie animations
· Design systems
· Social media creatives
· Simple motion graphics
Clients are advised to specify the exact nature of the design service they require when submitting a request to ensure timely and accurate delivery.
23. Service Limitations
While Design Hurricane strives to accommodate all design requests, the company reserves the right to refuse or prioritize certain tasks based on complexity, feasibility, and current workload. Clients will be informed in such cases, and alternative solutions or timelines may be proposed.
24. Contact Information
For inquiries or complaints regarding the Website, please contact Design Hurricane at:
[email protected], A.Žukausko Street. 17, Vilnius, Lithuania, LT-08234.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Design Hurricane. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Design Hurricane. They are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Lithuania and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. No part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Design Hurricane’s express prior written permission. Design Hurricane reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
All design and original source files created on Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Design Hurricane to become the owner of a Project, in whole or in part, rather than the Client, Design Hurricane irrevocably and perpetually assigns its entire interest in the Project to the Client. The Client warrants that any materials provided to Design Hurricane during the design process are owned by the Client and do not infringe on any third party’s rights. Design Hurricane reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed upon.
3. Third-Party Fonts
If any Project incorporates fonts that are not owned by Design Hurricane and require a commercial license, Design Hurricane will inform the Client. The Client will need to purchase the necessary licenses for the fonts to legally reproduce, distribute, or publicly display the Project. The Client assumes all responsibility for any consequences resulting from a failure to purchase the necessary licenses.
4. User Representations
By using the Website, the Client represents and warrants that they have the legal capacity to comply with these Terms & Conditions, will not access the Website through automated means, will not use the Website for any illegal purpose, and that their use of the Website will not violate any applicable law or regulation.
Additionally, Client represents and warrants that (i) they are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) they are not listed on any United States government list of prohibited or restricted parties.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which it is made available. The Client agrees to refrain from unauthorized use of the Website, retrieving data for database creation, circumventing security features, unauthorized framing or linking, tricking or misleading Design Hurricane or other users, interfering with the Website or Design Hurricane’s networks, using the Website to compete with Design Hurricane, reverse engineering any part of the Website, uploading or transmitting harmful material, disparaging Design Hurricane, or using the Website inconsistently with applicable laws.
6. Client Feedback
Any feedback or submission from the Client shall be the sole property of Design Hurricane. Design Hurricane shall be the exclusive owner of all rights related to the feedback, except where rights are granted to the Client. The Client agrees that they have the right to provide the feedback and waives all claims against Design Hurricane for its use.
7. Management and Oversight
Design Hurricane reserves the right to monitor the Website for violations and to take appropriate legal action. Design Hurricane may restrict or deny access to the Website or disable the Client’s use of the Website at its sole discretion.
8. Privacy Policy
By accepting these Terms, the Client authorizes Design Hurricane to collect, use, keep and otherwise process the personal data that the Client has submitted to Design Hurricane or that Design Hurricane has obtained as a result of the provision of the Services without violating the applicable personal data protection regulations. The detailed procedure of collection, use and keeping of the Client’s data is described in the Privacy Policy, which the Client may access here.
The Company may collect the data about the Client’s use of the Services, and use this data as evidence in case of a dispute.
9. Returns, Refunds and Termination by Client
Design Hurricane reserves the right to exercise its discretion in denying refunds. All refund requests will be individually evaluated. Should a refund be determined to be appropriate within the initial month of service, all materials generated by Design Hurricane shall remain the exclusive property of the company and may not be utilized by the Client. A 25% fee may be levied on the remaining billable period for approved refunds. Any violation of this provision may result in legal action being pursued against the Client.
In the event of service termination with Hurricane Works, the Client must provide notice no less than 5 business days prior to the commencement of the subsequent month.
9.1 Termination of Service by Design Hurricane
Design Hurricane reserves the right to suspend or terminate your subscription and services for any of the following reasons:
(a) You have materially breached these Terms and failed to remedy the breach within 30 days after Design Hurricane has notified you in writing.
(b) You cease your business operations or become subject to insolvency proceedings, and such proceedings are not dismissed within 90 days.
(c) You fail to make payment for services within 30 days past the due date.
In addition to the above, Design Hurricane may limit, suspend, or terminate the services provided to you if:
(i) You fail to comply with these Terms.
(ii) Your use of the services causes legal liability to Design Hurricane or disrupts the use of services by others.
(iii) Design Hurricane is investigating suspected misconduct by you.
Should we limit, suspend, or terminate the services you receive, we will make reasonable efforts to provide you with advance notice and an opportunity to obtain a copy of your content from that service. However, certain time-sensitive situations may necessitate immediate action without prior notice. Design Hurricane will make commercially reasonable efforts to minimize the scope and duration of any limitation or suspension as needed to resolve the underlying issue.
Please note that Design Hurricane has no obligation to retain your content upon termination of the applicable service.
10. Modification
Design Hurricane reserves the right to change, modify, or remove any content on the Website at its sole discretion. The company may also modify or discontinue all or part of the Website without prior notice.
11. Connection Interruptions
Design Hurricane does not guarantee uninterrupted access to the Website. Interruptions or errors beyond the company's control may occur. The Client agrees that Design Hurricane is not liable for any inconvenience caused by such interruptions.
12. Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law principles.
13. Litigation
Any legal action related to these Terms & Conditions shall be brought in the appropriate courts of Lithuania. Both parties’ consent to the jurisdiction of such courts and waive any objections to the venue.
14. Disclaimer
The Website is provided on an "as-is" and "as-available" basis. The Client acknowledges and agrees that the use of the Website and its Services is solely at the Client's own risk. Design Hurricane expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Design Hurricane does not make any representations or warranties regarding the accuracy, completeness, or reliability of the Website's content or any content on linked websites.
Design Hurricane shall not be held liable for any errors, inaccuracies, or omissions in the content and materials on the Website; any unauthorized access to or use of Design Hurricane's secure servers and/or any personal or financial information stored therein; any interruption or cessation of transmission to or from the Website; or any malicious software, such as bugs, viruses, or Trojan horses, that may be transmitted to or through the Website by any third party. Furthermore, Design Hurricane assumes no responsibility for any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available on the Website.
Design Hurricane does not endorse, warrant, or assume responsibility for any product or service advertised or offered by third parties through the Website or any linked website, nor does Design Hurricane have any affiliation with websites or mobile applications featured in any advertisements.
15. Limitations of Liability and Indemnification
Design Hurricane, including its directors, employees, members, contractors, agents, and affiliates, shall not be held liable to the Client or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenue, lost data, legal fees, court costs, or any other losses arising from the Client's use of the Website or its Services.
The Client agrees to defend, indemnify, and hold harmless Design Hurricane, its parent companies, subsidiaries, affiliates, and all respective directors, officers, members, agents, partners, employees, and contractors against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
· The Client's use of the Website;
· Any breach of these Terms & Conditions by the Client;
· The Client's failure to adhere to any representation or warranty provided herein;
· The Client's infringement upon the rights of any third party, including intellectual property rights.
Design Hurricane retains the right, at the Client's expense, to assume the exclusive defense and control of any matter subject to indemnification by the Client. The Client agrees to cooperate fully with Design Hurricane in asserting any available defenses in such cases.
16. User Data
The Client is responsible for all data they transmit or generate while using the Website. Design Hurricane is not liable for any loss or corruption of such data.
17. Electronic Communications
The Client acknowledges and consents to engage in electronic communications with Design Hurricane. This includes, but is not limited to, receiving agreements, notices, disclosures, and other essential communications via email or directly through the Website. The Client affirms that such electronic communications fulfill any legal obligations equivalent to written communications.
Furthermore, the Client agrees to:
· Utilize electronic signatures, contracts, orders, and other records, recognizing their legal equivalence to traditional written forms.
· Accept electronic delivery of notices, policies, and records of transactions initiated or completed by Design Hurricane via the Website or other electronic means.
The Client expressly waives any rights or requirements present in any jurisdiction that necessitates the use of non-electronic signatures, the delivery or retention of non-electronic records, or the execution of transactions through non-electronic methods.
18. Showcasing Design Work
Unless otherwise agreed upon, Design Hurricane reserves the right to showcase design work on various digital channels. The Client reserves the right to issue an NDA between themselves and Design Hurricane, which in turn would void the right of Design Hurricane to share or discuss Client's work publicly.
19. Miscellaneous
These Terms & Conditions, along with any policies posted on the Website, constitute the entire agreement between the Client and Design Hurricane. Any changes or modifications to these terms must be in writing and signed by both parties.
20. Payment and Subscription Management
Payments for services provided by Design Hurricane shall be processed through Stripe, a third-party payment gateway. Customers can use their preferred payment methods available on Stripe. Upon successful payment, an invoice will be generated and issued to the customer. Customers have the flexibility to manage their subscriptions, including pausing or starting their subscriptions, through their Stripe client panel.
For those interested in Webflow development, it is mandatory to have an active design subscription with Design Hurricane before availing of the Webflow development service. This can be ordered via the Stripe client panel.
Should the client fail to make payment within the prescribed subscription term, Design Hurricane reserves the right to temporarily suspend services. Services will be resumed promptly upon receipt of the outstanding payment.
21. Design Requests and Communication
All design requests from clients shall be submitted through the Trello Kanban board. This platform will serve as the primary mode of communication and task management between Design Hurricane and its clients for design-related projects.
22. Services Offered
Design Hurricane offers a comprehensive range of design services, including but not limited to:
· SaaS designs
· Wireframes
· Billboards
· Mobile apps
· User journeys
· Email graphics
· Websites
· Slide decks
· Resumes
· Landing pages
· Pitch decks
· Business cards
· Brand guidelines
· Infographics
· Packaging design
· Brand strategy
· Brochures
· Lottie animations
· Design systems
· Social media creatives
· Simple motion graphics
Clients are advised to specify the exact nature of the design service they require when submitting a request to ensure timely and accurate delivery.
23. Service Limitations
While Design Hurricane strives to accommodate all design requests, the company reserves the right to refuse or prioritize certain tasks based on complexity, feasibility, and current workload. Clients will be informed in such cases, and alternative solutions or timelines may be proposed.
24. Contact Information
For inquiries or complaints regarding the Website, please contact Design Hurricane at:
[email protected], A.Žukausko Street. 17, Vilnius, Lithuania, LT-08234.