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TERMS OF SERVICE

TERMS OF SERVICE

TERMS OF SERVICE

Terms Of Service

Terms Of Service

Effective date: 4th February 2026
Last updated: 4th February 2026

These Terms of Service (“Terms”) govern your access to and use of Updesigners, operated by Pincombe Group Ltd (“we,” “us,” “our”). By accessing or using https://updesigners.com/ (the “Website”) and any related services (the “Services”), you agree to be bound by these Terms.

If you do not agree, you must not use the Services.

1. About Updesigners

Updesigners is a subscription-based creative service providing design and creative support on an ongoing basis. Services are delivered remotely and accessed via our Website and associated platforms.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years old

  • Have authority to bind yourself or the business you represent

  • Provide accurate and complete information

3. Accounts

To access the Services, you may be required to create an account.

You are responsible for:

  • Maintaining the confidentiality of login details

  • All activity under your account

  • Ensuring information provided is accurate and up to date

We reserve the right to suspend or terminate accounts that breach these Terms.

4. Subscription Plans & Services

4.1 Subscription Model

Updesigners operates on a monthly subscription basis. Each plan provides access to a defined number of design hours or service capacity per billing period.

Details of plans, inclusions, and pricing are displayed on our Website or provided in writing.

4.2 Scope of Work

Work is delivered based on:

  • Submitted briefs

  • Available subscription hours

  • The agreed turnaround expectations

We do not guarantee:

  • Unlimited revisions

  • Immediate turnaround

  • Output beyond the scope of your active plan

4.3 Fair Usage

Subscriptions are intended for reasonable, ongoing creative support.

We may apply fair usage limits to prevent abuse, including (but not limited to):

  • Submitting an excessive number of concurrent requests

  • Attempting to “bank” hours indefinitely

  • Usage patterns inconsistent with normal operational needs

Where fair usage limits are reached, we may:

  • Queue requests

  • Slow turnaround times

  • Recommend a higher-tier plan

4.4 Hour Rollover

Depending on your subscription plan, unused design hours may roll over into the following billing period (“Rollover Hours”).

Unless otherwise stated in writing:

  • Rollover Hours are capped at a maximum amount equal to one (1) billing period’s allocation

  • Rollover Hours expire automatically if the subscription is cancelled

  • Rollover Hours cannot be refunded, transferred, or exchanged for cash

  • Rollover Hours are used after current month hours unless otherwise specified

Rollover is designed to provide flexibility, not to allow indefinite accumulation. We reserve the right to limit or remove rollover where usage is excessive or inconsistent with fair usage.

5. Payments & Billing

5.1 Fees

Subscription fees are charged monthly in advance unless otherwise agreed in writing.

All fees:

  • Are exclusive of VAT unless stated otherwise

  • Must be paid on time to maintain access to Services

5.2 Failed Payments

If a payment fails:

  • Access to Services may be paused

  • Work may be halted until payment is resolved

5.3 Refunds

All payments are non-refundable unless required by law or explicitly agreed in writing.

6. Pausing, Cancelling & Changes

6.1 Cancellation

You may cancel your subscription at any time via your account or by contacting us. Your subscription will remain active until the end of the current billing period.

No refunds are provided for unused time.

6.2 Plan Changes

You may upgrade or downgrade your plan subject to availability and billing adjustments.

7. Intellectual Property

7.1 Ownership

Upon full payment, you own the final, delivered creative work produced specifically for you, unless otherwise agreed.

We retain ownership of:

  • Drafts not delivered

  • Internal processes, tools, templates, and methodologies

    Where Services are provided on a white-label basis, ownership of final deliverables passes to the subscribing agency, who may assign ownership to their end client as part of their own agreement.

7.2 Licence

You grant us a non-exclusive licence to showcase completed work for:

  • Portfolio use

  • Case studies

  • Marketing purposes

Unless you request otherwise in writing.

8. White-Label & Agency Use

8.1 White-Label Services

Marketing agencies and consultants may use Updesigners on a white-label basis unless otherwise agreed in writing.

Under white-label use:

  • All creative work may be delivered under the client’s brand

  • Updesigners will not communicate directly with the agency’s end clients

  • All instructions, approvals, and feedback must come via the agency

8.2 Client Ownership & Responsibility

The agency or primary account holder remains fully responsible for:

  • Accuracy of briefs

  • Client approvals and sign-off

  • Ensuring they have the right to use all supplied content and assets

Pincombe Group Ltd is not responsible for disputes between agencies and their end clients.

8.3 No Circumvention

You agree not to:

  • Attempt to hire, solicit, or contract Updesigners staff or designers directly

  • Introduce Updesigners to your end clients without prior written consent

This restriction applies during the subscription term and for 12 months after termination.

9. Client Responsibilities

You agree to:

  • Provide clear, accurate briefs

  • Respond to queries and feedback promptly

  • Supply content and assets you have the right to use

Delays caused by missing information or approvals may impact delivery timelines.

10. Prohibited Use

You must not use the Services to:

  • Create unlawful, harmful, or misleading content

  • Infringe third-party intellectual property rights

  • Harass, abuse, or exploit others

  • Attempt to reverse engineer or misuse our systems

We reserve the right to refuse work that breaches these Terms.

11. Confidentiality

Both parties agree to keep confidential information private unless:

  • Disclosure is required by law

  • Information is already public

  • Disclosure is agreed in writing

12. Termination

We may suspend or terminate your access to the Services if you:

  • Breach these Terms

  • Fail to make payment

  • Misuse the Services

Termination does not affect any outstanding payment obligations.

Upon cancellation or termination, any unused hours (including Rollover Hours) are forfeited and will not be carried forward or refunded.

13. Disclaimers

The Services are provided on an “as is” and “as available” basis.

We do not guarantee:

  • That Services will be uninterrupted or error-free

  • Specific commercial outcomes or performance results

14. Limitation of Liability

To the maximum extent permitted by law, Pincombe Group Ltd shall not be liable for:

  • Indirect or consequential losses

  • Loss of profits, revenue, or data

  • Business interruption

Our total liability shall not exceed the fees paid by you in the three (3) months preceding the claim.

15. Indemnity

You agree to indemnify and hold harmless Pincombe Group Ltd against any claims, losses, or damages arising from:

  • Your misuse of the Services

  • Breach of these Terms

  • Infringement of third-party rights

16. Changes to These Terms

We may update these Terms from time to time. Updated versions will be posted on the Website with a revised effective date. Continued use of the Services constitutes acceptance.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

18. Contact Details

If you have any questions about these Terms, contact us at:

Company: Pincombe Group Ltd
Email: jordan@updesigners.com
Website: https://updesigners.com/