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WillDesignDS LLC (WillDesignDS) provides a digital subscription service that allows our subscribers to obtain certain digital design services ("Design Services") online.

The Design Services are provided to you by WillDesign DS. By subscribing to the Design Services, You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Design Services", "our service" or "the service" means the service provided by WillDesignDS, its affiliates, subcontractors or assignees for designing digital content including but not limited to fliers, videos, social media content, blogs, websites, mobile applications etc. as well as any related content as may be requested by You. References to ‘you’ in these Terms of Use indicate the subscriber who signed-up for the WillDesignDS design package and whose payment method is charged.

Membership:

Your WillDesignDS membership will continue and automatically renew until terminated. To use the WillDesignDS services, you must have internet access and email access as well as provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).

We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your WillDesign membership by visiting WillDesignDS website.

Covered Services:

You must be at least 18 years of age to subscribe to the WillDesignDS package. WillDesignDS service’s are restricted to a single business (as defined in the sign-up).

You agree to use the WillDesignDS design service, in accordance with all applicable laws, rules and regulations, or other restrictions on the use of the service or content therein.

The following specific services are included in the basic design package. WillDesign reserves the right to utilize one or more employees, contractors or affiliated individuals, sub-contracted entities, artificial intelligence at WillDesignDS’s discretion to assist with providing requested services which are included in the covered services.

• Web design: Assist with providing initial design or making periodic text/image or video updates to a pre-established website using content to be provided by the subscriber.

• Mobile web design: Assist with providing initial design or making periodic text/image or video updates to a pre-established mobile website using content to be provided by the subscriber.

• Digital marketing: Provide a recommended marketing plan/strategy considering local market considerations.

• Logo design: Assist with producing 2-3 logo options based on the subscriber provided prompt.

• Flier design: Design flier based on subscriber prompt.

• Image editing: Edit images content provided by subscriber.

• Blog content (Intermediate / Advanced Package only): Draft or create original blog content covering 250 – 300 words.

• Social media management (Intermediate / Advanced Package only): Generate social media strategies and sample posts for client. Assist with scheduling social media posts and assisting increasing engagement.

• Advertisement management (Advanced Package only): Assist with determining advertising strategy based on a pre-defined budget.

• Video editing (Advanced Package only): Edit video content provided by subscriber.

Subscription to the WillDesign Design package is subject to the following Standard Terms and Conditions. The Standard Terms and Conditions are detailed below. Through-out the text, the terms of WillDesign Digital Solutions LLC (“Consultant”, “WillDesign”, “we” or “our”) agreement with New York Pizza Kitchen (“Client” or “you”) to assist you with performing Web Design services. The following sections describe our engagement, the services we will provide, and our professional arrangements.

Subscription service charges do not reflect applicable federal, provincial, or other goods and services or sales taxes or duties whether presently in force or imposed in the future. Any such taxes or duties shall be assumed and paid by you without deduction from the fees and charges hereunder.

During the course of our work we may incur certain expenses which are reasonable and necessary with respect to the services to be provided. Any individual expense over $30 or aggregate expenses over $200 within an invoice period must be pre-approved by Client.

Term: This Agreement will begin on the Effective Date (i.e., the initial subscription date) and is effective for the full duration of the subscription.

Termination: Either Party may terminate this Agreement at any time with or without notice.

Relationship of the Parties: We do not have the authority to bind the Client to any contracts or commitments without the Client’s express written consent.

Independent Relationship: The Consultant is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party.

Exclusivity: The Parties understand this Agreement is not an exclusive arrangement. Each Party is eligible to enter into other similar agreements with other parties.

Product Rights: All work product created by our team in connection with performing the Services is the exclusive property of the Client and the Client is free to use such work product without restriction.

Confidentiality: We understand that during the terms of the Engagement we may obtain access to certain confidential information. We agree to use the Client’s confidential information solely for the purpose of performing the Services. Client confidential information will not be shared with any third-party else unless required by law or Client has provided express written approval to share such information.

Dispute Resolution: In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation. If the Parties are unable to achieve a mutually agreed upon resolution, either Party may initiate mediation or binding arbitration in the State of New York. In the case of Mediation, the Mediators findings are binding on each party and the prevailing party may recover any attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.

Limitation of Liability: Consultant shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Client in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Consultant in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. In all matters the liability of the Client and Consultant to one another, on account of any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the services performed under the Agreement shall be limited to three times (3X) the amount of fees paid or owing to us under the Agreement for a period not to exceed one year.

In no event shall any of the Client, Consultant or our related parties be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs). For avoidance of doubt, any damages awarded against any of the Client Parties or us and/or our related parties based on a third-party claim subject to indemnification hereunder shall not be subject to the disclaimer in the previous sentence. The provisions of this Paragraph shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss asserted, whether in contract, statute, tort (including but not limited to negligence) or otherwise.

Promotional Offers: We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by WillDesign DS at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members WillDesignDS may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent WilDesignDS membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Amendments: This Agreement may be modified from time to time as needed at the sole discretion of WillDesign. To make a modification, WillDesign will notify Client of the modification by emailing the required notice to the email address provided by the Client. The Client may cancel their subscription if the updated terms and conditions are not acceptable. Continued use of the subscription service and/or failure to cancel the subscription services will be considered an acceptance of the modified terms and conditions.

Billing and Cancellation:

Billing Cycle. The membership fee for the WillDesignDS service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on a monthly basis. The date of your payment will be consistent with the original sign-up date (i.e., signing-up on August 18 will result in subsequent payments being deducted on the 18 of future months). Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month (e.g., February 29). We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.

Payment Methods.

To use the WillDesignDS services you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. Additionally, WillDesignDS reserves the right to restrict use of any digital content produced during a subscription period if payment is not received with respect to the subscription agreement.

Updating your Payment Methods. You can update your Payment Methods by providing the WillDesignDS team by email (info@willdeisgnds.com) with updated payment information. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

Cancellation: You can cancel your WillDesignDS membership at any time. Access to WillDesignDS Services will be terminated as of the date of cancellation. To cancel, please email WillDesignDS (info@willdesignds.com).

Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Complete Agreement: The standard terms and conditions outlined in this Agreement constitutes the Parties entire understanding of their rights and obligations. This Agreement supersedes any other written or verbal communications between the Parties, whether they were made before or after signing this Agreement. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.

Disclaimers of Warranties and Limitations on Liability:

The WillDesignDS service and all content and software associated therewith, or any other features or functionalities associated with the Design service, are provided as is with all faults and without warranty of any kind. WillDesignDS does not guarantee, represent, or warrant that your use of the Design Service. We will endeavor to ensure that designs produced adhere to your specific guidance/requests, however, WillDesignDS reserves the right to cease updating or revising any requested service at our sole discretion.

To the extent permissible under applicable laws, in no event shall WillDesignDS, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.

Depending on your subscription plan, WillDesignDS may assist with generating marketing content or alternative strategies. WillDesignDS does not endorse or sponsor any advertised products or services and takes no responsibility for the products or services provided by You. Additionally, any interactions with customers, including through engagement with suggested marketing content, are at your own option and risk and you agree that WillDesignDS is not liable for any damages that you may incur as a result of such utilizing such marketing content or strategies. You are solely responsible for using, approving any content issued.

Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you.

Severability: If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.

Waiver: Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing. If any provision, right, or obligation is waived, it’s only waived to the extent agreed to in writing.

Notices: All notices under this Agreement must be sent by email with read receipt, or by certified or registered mail with return receipt requested. Notices must be sent to: admin@willdesigns.com