1.1 These Terms and Conditions govern your use of our digital UX design services ("Services") and form a legal agreement between you ("Client") and Lightning UX Ltd., a company registered in England, with the registered address at Lightning UX Ltd., Unit A, 82 James Carter Road, Mildenhall, Suffolk, England, IP28 7DE ("Lightning UX Ltd", "we", "us", "our").
1.2 By using our Services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Services.
2. Services
2.1 Lightning UX Ltd. provides digital UX design services on a subscription basis. By purchasing our subscription, you agree to receive our design services for the duration of your subscription.
2.2 Lightning UX Ltd. provides the Client with design assets, one-by-one.
2.3 Lightning UX Ltd. does will not work on multiple design requests for the Client at the same time. Once the Client is satisfied with the outcome of their request, the next request will begin being worked on.
2.4 Lightning UX Ltd. will provide a maximum of 40 hours of work to the Client per month, regardless of how many requests the Client has provided.
2.5 Lightning UX Ltd. will inform the Client of any anticipated periods of time where work will not take place (for example, public holidays, staff annual leave or sick leave) in as much advanced notice as possible, so arrangements can be made between the two parties.
2.5.1 Lightning UX Ltd. will work with the Client to agree upon a suitable solution to "leave" periods, for example work being completed in advance of a holiday period, the time period of the subscription being offered as a discount on the next period's subscription or a suitable contractor being used to complete work in any absence.
2.5.2 Lightning UX Ltd. staff are entitled to a maximum of 32 days of annual leave per year (excluding UK public holidays), in line with UK Government guidelines. Regardless of where the Client is based, this leave period will not change for Lightning UX Ltd. staff.
3. Refund Policy
3.1 If you request a refund and have not requested any work, you can get a partial refund of 80%. Partial refunds are offered due to the time it will take us to perform the administrative work to cancel your subscription and undo the work we would've done setting up your account.
3.2 If the Client has requested work, then Lightning UX Ltd. does not offer refunds due to the time commitment already made towards delivering the Client's design assets.
3.3 Lightning UX Ltd. does not offer refunds if you are unhappy with a design. Lightning UX Ltd. will work with the Client to ensure the design meets their needs, which is why unlimited revisions and iterations are offered.
4. Intellectual Property and Copyright
4.1 The design work that the Client has requested is the property of the Client. Lightning UX Ltd. claims no ownership of the design assets that the Client has requested.
4.2 The Client is the owner of the copyright of the designs.
4.3 In the event that any operation of law would cause Lightning UX Ltd. to become the owner of a Project, in whole or in part, rather than Client, Lightning UX Ltd. irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation.
4.4 The Client warrants that any and all materials provided to Lightning UX Ltd. as examples or as material to be incorporated into a project are owned by the Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity.
5. Feedback
5.1 Feedback shared from Client to Lightning UX Ltd is the property of Lightning UX Ltd, and we are not obliged to keep feedback private.
6. Website and Terms Changes
6.1 Lightning UX Ltd reserves the right to change its website and these terms at any time with no consent required from clients.
6.2 By subscribing or continuing to subscribe to a Lightning UX design subscription, the Client agrees to these terms and conditions.
7. Client Responsibility
7.1 The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using our Services. Lightning UX Ltd. shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Lightning UX Ltd. from any such loss or corruption.
7.2 The Client is responsible for conducting themselves in a professional manner. Lightning UX Ltd. reserves the right to cancel any subscriptions that the Client has if the Client does not conduct themselves responsibly. This includes but is not limited to: verbal abuse, physical abuse, threatening behaviour and harassment. Refunds will not be issued to the Client if they have their subscription cancelled due to unprofessional conduct.
8. Publicity
8.1 Lightning UX Ltd. reserves the right to share design work on digital channels, including social media, websites, portfolios, blogs, podcasts or videos, unless otherwise agreed upon. The Client reserves the right to issue a Non-Disclosure Agreement (NDA) between themselves and Lightning UX Ltd., which in turn would void the right of Lightning UX Ltd. to share or discuss the Client's work publicly.
9. Governing Law
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10. Contact
10.1 If you have any questions or concerns about these Terms and Conditions, please contact us at Lightning UX Ltd., Unit A, 82 James Carter Road, Mildenhall, Suffolk, England, IP28 7DE.
