DESIGNERS JOINT USER AGREEMENT
This User Agreement (“Agreement”) sets out the terms governing access to and use of Designers Joint, available at designersjoint.com (the “Site” or “Service”).
Designers Joint is a product owned and operated by BrandGo Technologies, a company based in Kenya. BrandGo Technologies owns, develops, operates, and manages the Designers Joint platform. Throughout this Agreement, “BrandGo Technologies,” “we,” “us,” or “our” refers to the company responsible for the Designers Joint service, while “Designers Joint” refers to the platform, website, marketplace, and related services operated by BrandGo Technologies.
By visiting designersjoint.com, registering an account, purchasing products or services, uploading content, or otherwise using the Site, you (“you” or “your”) agree to be bound by this Agreement and the policies incorporated into it by reference. If you do not understand or agree to these terms, you must not use the Site or its services.
Designers Joint provides a marketplace connecting clients who wish to purchase graphic design assets, including logos (“Customers,” “Clients,” or “Buyers”), with graphic designers who wish to sell their original graphic design assets and logos (“Designers” or “Sellers”).
In this Agreement, “User” refers to any person using the Site, whether as a Client, Designer, or both. “IPR” means intellectual property rights recognized under applicable laws in any country or jurisdiction, including copyrights, trademarks, and other rights relating to creative works.
BrandGo Technologies operates Designers Joint as its product and is responsible for the platform’s administration and management, subject to this Agreement and applicable law.
1. Eligibility
Only persons who can lawfully enter into binding legal contracts may use Designers Joint and its services.
By using designersjoint.com, you represent and warrant that you are at least eighteen (18) years old, have the legal capacity to enter into binding agreements, and are legally permitted to use the Site in your jurisdiction.
We reserve the right, subject to applicable law, to refuse, restrict, suspend, or terminate access to the Site or its services.
2. Use of the Site
You agree to use Designers Joint and its related services only for lawful purposes and in accordance with this Agreement.
Specifically, you agree that you will not:
- Submit graphic design assets or logos to Designers Joint that are also available for sale elsewhere on the Internet, unless an alternative arrangement has been approved by Designers Joint in advance.
- Register under a false name or provide false, misleading, invalid, or unauthorized contact information.
- Access another User’s account without permission.
- Submit graphic design assets or logos that are not your own original creations or that you are not legally entitled to sell.
- Impersonate another person or participate using a false identity.
- Violate any applicable law, third-party rights, or the rights of BrandGo Technologies or Designers Joint.
- Fail to deliver the agreed final graphic design assets or logo files to a Client.
- Circumvent or manipulate the Site’s fee structure, billing process, commissions, or other amounts owed.
- Post false, inaccurate, misleading, defamatory, libellous, fraudulent, or unlawful content.
- Manipulate or undermine the feedback or ratings systems.
- Use the Site to distribute spam, unsolicited bulk messages, or other abusive communications.
- Distribute computer viruses, malware, or other harmful code through the Site.
- Place an unreasonable or disproportionate load on the Site’s servers or technical infrastructure.
- Copy, modify, reproduce, or distribute Site content, software, branding, or intellectual property without authorization.
- Create derivative works from graphic design assets, logos, or other Site content without the required permission.
- Harvest or collect information about Users, including email addresses, without the required authorization or lawful basis.
- Reverse engineer or attempt to reverse engineer the Site’s algorithms, software, systems, processes, or other protected components, except where such restriction is prohibited by applicable law.
We reserve the right to report suspected unlawful or fraudulent conduct to law enforcement and cooperate with lawful investigations.
2.1 Intellectual property violations and prohibited uploads
Designers Joint maintains a zero-tolerance policy toward copyright infringement and other intellectual property violations.
Where a Designer sells or attempts to sell any of the following, BrandGo Technologies and Designers Joint may take appropriate action, including removing the content, restricting the account, withholding disputed funds where reasonably necessary, terminating the account, or permanently preventing further use of the Site, subject to applicable law:
- Another person’s copyrighted material without authorization.
- Material substantially copied from another copyrighted work.
- Material reasonably suspected of infringing third-party copyright or other intellectual property rights.
- Material also offered for sale or published elsewhere on the Internet in breach of the Site’s exclusivity rules, unless prior approval or an alternative arrangement has been granted.
- Illegal content, including unlawful images.
Where a violation is established, available account funds may be applied toward appropriate refunds, chargebacks, or other amounts legally recoverable. Any remaining funds may be withheld or forfeited only to the extent permitted by applicable law and the circumstances of the violation. Users retain any rights that cannot lawfully be excluded.
2.2 Remember-me functionality
Designers Joint may offer an optional “Remember Me” login feature. When enabled, the Site may place a cookie or similar technology on your device to recognize your browser during a subsequent visit.
Using this feature on a shared or public computer may increase the risk of unauthorized account access. You are responsible for logging out and protecting your account credentials when using shared devices.
2.3 Submission of information and materials
By submitting information, designs, files, or other materials to the Site, you acknowledge and agree that:
- Designers Joint may display submitted materials on the Site and, where permitted by the applicable licence and privacy requirements, use them in promotional materials, social media, print, or other media.
- Sold graphic design assets and logos may remain in the Designers Joint catalogue or portfolio indefinitely, subject to the Site’s retention policies, applicable intellectual property rights, and applicable law.
- Submitted materials may receive comments, feedback, or criticism from Designers Joint or other Users. You may remove eligible content that has not been sold, subject to the Site’s rules and legal obligations.
- Files and information submitted to an Internet-connected service may be exposed to security risks. BrandGo Technologies will take reasonable measures to protect information as required by applicable law but cannot guarantee that unauthorized access will never occur.
Nothing in this section removes rights or remedies that Users have under applicable data protection, consumer protection, or intellectual property laws.
3. Reservation of Rights
BrandGo Technologies and Designers Joint reserve the right, but are not obligated, to take appropriate action to protect the Site, its Users, and its operations.
Such action may include:
- Stopping, preventing, cancelling, or removing a project or transaction.
- Removing, restricting, or declining to publish User-submitted material.
- Suspending or restricting access to the Site or any of its features.
- Reviewing reported content and taking action against suspected fraud, abuse, or intellectual property violations.
- Changing or removing the title, keywords, description, or other listing information of a design to comply with Site rules.
- Cancelling an order and issuing a refund where appropriate.
3.1 Content approval and third-party rights
Designers Joint may review graphic design assets and logos before publication. Such review does not constitute a guarantee that the material is original, legally compliant, or free from third-party rights.
Buyers are responsible for conducting appropriate checks before using a purchased design in circumstances requiring trademark clearance, commercial exclusivity, or other legal verification. This provision does not exclude any duty that cannot lawfully be excluded.
Designers Joint does not endorse every design, opinion, recommendation, or statement submitted by Users. To the extent permitted by applicable law, BrandGo Technologies disclaims responsibility for User-generated content while retaining the right to review, restrict, or remove it.
3.2 Content selection and moderation
Designers Joint retains discretion over the acceptance, publication, rejection, or removal of submitted content. Community voting, reviews, or other User feedback do not oblige Designers Joint to publish or remove any particular material.
Designers Joint may reject content at any time, including after initial approval, where it considers rejection appropriate under its policies or applicable law. Where reasonably appropriate, we may provide an explanation, but we are not required to disclose confidential moderation systems or proprietary selection criteria.
3.3 Additional design services
Designers Joint may arrange additional design work when requested by a Client. This may include revisions to existing designs, custom designs, or work based on selected pre-designed assets.
Such work may be assigned to Designers Joint or to a Designer selected by us. Where appropriate and consistent with the Privacy Policy, we may contact Clients to offer additional support, products, or services.
3.4 Portfolio retention
Designers Joint may retain or display sold graphic design assets and logos in its collective portfolio to demonstrate the work available through the platform.
Such display is subject to the intellectual property provisions of this Agreement, any agreed confidentiality arrangements, and applicable law. Designers Joint may remove, delete, or archive sold designs at its discretion.
3.5 Intellectual property enforcement
BrandGo Technologies and Designers Joint may take reasonable steps to prevent infringement, including investigating complaints, removing allegedly infringing content, restricting accounts, and cooperating with rights holders or relevant authorities.
Where a User submits material that is determined to infringe third-party rights, we may suspend or terminate the relevant account and take other lawful action. Any obligations that cannot lawfully be excluded remain unaffected.
3.6 Commissions and fees
Designers Joint may charge commissions on sales and may revise its commission rates or fee structure. Changes will be communicated or published in advance where required by applicable law and the Site’s applicable policies.
3.7 Order cancellation
Designers Joint may cancel and refund an order where appropriate, including where a listing contains a material error, the transaction is fraudulent, the design cannot be delivered, or a legal or policy issue arises.
Following a valid cancellation and refund, the Buyer must not continue using the design as though the cancelled purchase remained valid. Any intellectual property rights or remedies that cannot lawfully be excluded remain unaffected.
3.8 Protection of the platform
BrandGo Technologies and Designers Joint may take proportionate measures to protect the platform, its reputation, Users, and technical systems. Measures may include account restrictions, content removal, transaction reviews, suspension, termination, and legal action where appropriate.
4. Legal Relationships and Obligations
4.1 Marketplace role
Designers Joint provides a venue through which graphic designers and logo designers may offer original work for sale to Clients.
Unless expressly agreed otherwise, the Designer remains responsible for the design work and the delivery obligations associated with the transaction. BrandGo Technologies operates and administers the marketplace.
4.2 Transactions involving Designers Joint
Designers Joint may buy or sell graphic design assets and logos through an account identified as “Designers Joint.” BrandGo Technologies or persons associated with the platform may also participate in transactions, provided that applicable disclosure requirements are observed.
4.3 Delivery of final files
When a sale occurs, the Designer must deliver the agreed final graphic design assets or logo files in at least EPS and JPG formats, unless the listing or transaction specifies otherwise.
The Designer must make agreed revisions and provide additional file formats where required by the applicable order.
Failure to fulfil these obligations may result in the project being reassigned to another Designer, subject to this Agreement.
4.4 Responsibility for delivery
The Designer is responsible for delivering the purchased design and ensuring that the Client can access, open, and use the supplied files in accordance with the agreed specifications.
Where Designers Joint must undertake design or support work because the Designer has failed to fulfil their obligations, the project may be reassigned in accordance with this Agreement.
4.5 Turnaround times
Designers agree to a standard turnaround time of one (1) business day, Monday through Friday, for requested revisions and delivery of final files after the Client approves the design.
This is the standard expected turnaround, subject to the scope of work, the information supplied by the Client, and any agreed exceptions. Repeated or material failure to meet agreed deadlines may result in project reassignment.
4.6 Professional conduct
Designers must act professionally when dealing with Designers Joint, other Designers, and Clients.
Unprofessional conduct may result in account restrictions or project reassignment. Professional conduct includes:
- Refraining from abusive language, harassment, and personal insults.
- Understanding the basic design process and the operation of the Site.
- Communicating clearly and responding to reasonable requests.
- Avoiding unnecessary delays or deliberate sabotage.
- Working constructively to resolve disagreements.
- Making reasonable efforts to complete revisions and deliverables.
4.7 Language requirements
Designers Joint primarily operates in English. Designers must be able to communicate sufficiently in English to understand Client instructions, respond to feedback, and complete projects.
Where communication difficulties materially prevent a project from progressing, Designers Joint may reassign the project to another Designer.
4.8 Revision deadlines and additional work
Clients should request included revisions within thirty (30) days of the sale, unless the applicable listing or order provides otherwise.
Revisions requested after this period may incur additional charges. Work outside the original scope, including extensive customization, may also incur additional fees.
Any additional charges must be disclosed and agreed upon before the additional work begins.
4.9 Taxes and legal obligations
Each User is responsible for complying with applicable tax, reporting, registration, and other legal requirements in their jurisdiction.
4.10 No employment or partnership
Nothing in this Agreement creates an employment relationship, agency, joint venture, franchise, or partnership between BrandGo Technologies and a User, or between Users, except where a separate written agreement expressly provides otherwise.
4.11 User-submitted content
You are solely responsible for the content you upload and the consequences of submitting it.
By uploading a design or other material, you represent that you have the necessary rights, permissions, and authority to offer it through the Site.
Where a User is found to have offered material they were not legally entitled to sell, Designers Joint may remove the material, restrict the account, suspend payments reasonably connected to the investigation, terminate the account, or permanently prohibit further sales, subject to applicable law.
We may temporarily limit an account while investigating a complaint and may give the Designer an opportunity to respond where appropriate. A restricted account may be prevented from uploading new designs or receiving payments while the review is ongoing.
Where a violation is established, the handling of proceeds from affected transactions will be determined in accordance with this Agreement and applicable law.
4.12 Email notifications
Designers Joint may send automated email notifications when a sale occurs or Client feedback is received.
We may send follow-up messages to Designers who have not responded, but are not obligated to do so. Email delivery may be affected by spam filters, provider outages, incorrect addresses, or other circumstances outside our control.
Designers should sign in to their accounts regularly to review sales, messages, and outstanding tasks.
4.13 Identity verification
Designers must provide their real name and surname where reasonably required for identification, payment administration, or intellectual property documentation.
Designers Joint may request reasonable identity verification documents, subject to applicable data protection law. Failure to provide required information may result in account restrictions, payment delays, or removal of listings.
4.14 Revisions and customization
Following a sale, the Designer must make the revisions included in the order.
Included revisions may cover text, fonts, colours, and minor changes to design elements, such as changing a letter, adding a circle, or removing a small element.
Full customization or substantial redesign is not automatically included. If a Client requests work beyond minor customization, Designers Joint may determine whether the request falls within the original scope and communicate its decision to the parties.
Any additional work outside the agreed scope must be separately agreed upon before it begins.
4.15 Direct contact feature
Designers Joint may offer a feature allowing prospective Clients to contact Designers through the Site. The feature may be disabled by default.
Designers who enable it acknowledge that they may receive unwanted messages, spam, or harmful content. Users must not use this feature unlawfully or abusively.
BrandGo Technologies may apply reasonable security measures, but cannot guarantee that every message will be safe or legitimate. This does not exclude responsibilities that cannot lawfully be excluded.
4.16 Permitted use of purchased designs
Purchased graphic design assets and logos may be used for the purposes permitted by the applicable purchase and intellectual property terms.
Where a purchased logo is presented to a Client, entered into a competition, or submitted to a third party for approval, the Buyer must accurately represent authorship and must not claim to have created the original design unless that is true.
Unless a separate written agreement provides otherwise, purchasing a design does not automatically transfer authorship. Any copyright transfer, licence, or other rights are governed by Section 10 and the terms of the specific transaction.
A refund is not guaranteed merely because a third party rejects a design or the design does not win a competition.
4.17 Refund conditions
Refunds are governed by the Designers Joint Refund Policy and applicable law.
Where a Client has approved a design preview or ordered a design “as is,” the order may be considered fulfilled in accordance with the applicable purchase terms. Refund eligibility will depend on the Refund Policy, the circumstances of the transaction, and any mandatory consumer rights.
Nothing in this Agreement excludes a right to a refund or withdrawal that cannot lawfully be waived.
4.18 File storage and backups
Designers Joint may retain backups of uploaded JPG, EPS, SVG, and final ZIP files, but does not guarantee indefinite storage or availability.
Users are responsible for maintaining their own local copies and backups of uploaded and downloaded files.
Final ZIP files may ordinarily remain available for approximately three (3) months, but the period may be shorter for large files or where technical or operational circumstances require earlier removal. Files larger than 2 MB may not be retained for extended periods.
After a file is removed, a Client may contact the Designer to request another copy. However, we cannot guarantee that the Designer will remain available or be able to provide a replacement.
4.19 Feedback and ratings
Designers Joint may invite Clients to provide feedback and ratings at the end of a project.
Providing feedback is optional. Where feedback is published, it may be displayed with the Client’s username without publicly displaying their real name or contact information, subject to applicable law and the Privacy Policy.
Designers must not pressure, threaten, or improperly incentivize Clients to provide particular ratings or feedback.
4.20 Copyright representation and enforcement
Where permitted by applicable law, Users authorize BrandGo Technologies and its appointed representatives to act as their agents for the limited purpose of assisting with copyright enforcement concerning designs posted on Designers Joint.
This authorization applies only to the extent necessary and lawful, and remains in force while the relevant design is hosted on the Site. Following deletion, any continuing authority will be limited to lawful actions relating to matters arising during the period of publication and any reasonable post-removal period.
This clause does not transfer copyright ownership to BrandGo Technologies or Designers Joint.
4.21 Multiple Designer accounts
Users may maintain more than one Designer account where permitted by Site rules.
Creating or using additional accounts to manipulate ratings, evade restrictions, conceal violations, or gain an unfair advantage is prohibited. Violations may result in account limitations or closure.
5. Fees and Payments
5.1 Fees and commissions
Browsing the Site and listing designs for sale are generally free unless a fee is disclosed in advance.
Designers Joint may charge Clients for products or services purchased through the platform and may deduct commissions from Designer sales where the applicable commission structure provides for them.
Commission rates, processing charges, and other applicable fees will be disclosed through the Site or the relevant policy before they apply, as required by applicable law.
5.2 Listing prices and additional work
The displayed price of a design represents the price for the product or service described in the listing.
Unless otherwise agreed, no additional royalties or compensation are payable to the Designer for a completed sale beyond the applicable transaction terms.
A Designer may charge for additional work outside the standard service, such as preparing extra versions or providing additional formats, provided that the extra charges are clearly disclosed and accepted by the Client before work begins.
5.3 Administration fees
Designers Joint may introduce reasonable administration fees where necessary to support the operation of the platform.
Any new or revised fee will be communicated before it applies to an affected transaction, account, or service, in accordance with applicable law.
5.4 Payment method and payout details
Under the current payment arrangement described in this Agreement, payouts to Designers are processed through PayPal.
Payments will be sent to the eligible User’s PayPal email address recorded in their Designers Joint account.
Users are responsible for maintaining accurate account and payout information and ensuring that their PayPal accounts are capable of receiving payments.
If a payment fails because of incorrect information, an unavailable payment account, or a restriction imposed by the payment provider, Designers Joint may attempt to resolve or resend the payment where reasonably possible.
5.5 Refunds, chargebacks, and account adjustments
A User’s account balance may be adjusted to reflect valid refunds, chargebacks, reversals, transaction corrections, or amounts owed under this Agreement.
Any deduction must be reasonably connected to the relevant transaction or obligation and handled in accordance with applicable law.
5.6 Payout requests
Eligible Users may request a payout through the available account functionality.
Subject to the applicable payout schedule, verification requirements, payment-provider processing, and any legitimate account review, eligible funds will be processed during the next scheduled payout cycle.
A payout may be delayed where there is a reasonable basis to investigate suspected fraud, a chargeback, a refund, or a material breach of this Agreement.
5.7 Failed or unclaimed payments
Designers Joint is a marketplace and payment administrator, not an escrow service, unless expressly agreed otherwise.
If a payout fails, we may carry it forward to a later payout cycle while attempting to resolve the problem.
Where funds remain unclaimed for twelve (12) or more payout cycles, or twelve (12) months, whichever occurs first, Designers Joint may take reasonable steps to contact the User and resolve the outstanding payment.
Any treatment of unclaimed funds, including possible forfeiture, will be subject to applicable law and any mandatory requirements relating to unclaimed property or payment obligations.
5.8 Negative account balances
If a User’s account shows a negative balance resulting from valid refunds, chargebacks, fees, or other amounts properly owed, Designers Joint may request repayment.
Where permitted, we may recover outstanding amounts from future earnings. Failure to resolve a valid outstanding balance may result in account restrictions or suspension.
5.9 Payment-processing fees
Third-party payment providers may impose processing, currency conversion, chargeback, or other transaction fees.
Where a User is responsible for such fees under the applicable fee structure, Designers Joint may deduct them from the relevant transaction proceeds or account balance. Applicable fees will be disclosed where required by law.
5.10 Finalization of projects
Payments to Designers are ordinarily processed after the project has been finalized.
A project is generally considered finalized when the agreed final files, including the required EPS file where applicable, have been made available to the Client through the platform.
If a Client becomes unresponsive, Designers Joint may attempt to contact the Client. If the project cannot be completed, we may determine whether to cancel and refund the order or finalize the project and release eligible funds, taking into account the evidence, transaction terms, and applicable law.
5.11 Payment eligibility and thresholds
Designers may be required to meet eligibility conditions before receiving payouts. These may include identity verification, minimum payout thresholds, account compliance, and other reasonable requirements published on the Site.
We may revise eligibility conditions prospectively and will communicate material changes where required. Individual accounts may be subject to additional verification where reasonably justified by fraud prevention, payment-provider requirements, or compliance obligations.
5.12 Payment reviews and delays
Designers Joint may delay a payout where there is a reasonable basis to suspect fraud, a likely refund, a chargeback, or another material payment risk.
Any review or delay will be proportionate to the risk and subject to applicable law. Funds will not be withheld indefinitely without a lawful basis.
5.13 Chargeback costs
Where a chargeback occurs, Designers Joint may recover applicable chargeback fees and transaction losses from the relevant account balance or future earnings to the extent permitted by the applicable payment rules and law.
5.14 Listing price accuracy
Designers Joint may provide tools for setting, editing, or bulk-editing the prices of unsold designs.
Designers are responsible for checking their listings after uploading or editing prices. If a technical error causes a price discrepancy, Designers Joint may review and correct the transaction, including cancelling and refunding an order where appropriate.
No provision in this section requires a Designer to fulfil an order at an erroneous price where applicable law or the circumstances permit cancellation.
5.15 Cancelled payment-provider transactions
A payment provider may reject, reverse, or cancel a payout because of incorrect account details, account restrictions, or other processing issues.
Designers Joint may make reasonable efforts to resend a cancelled payout but does not guarantee that the payment provider will accept it. Designers are responsible for maintaining valid payment details.
6. Project Reassignment
A project may be reassigned to another Designer where the original Designer materially breaches this Agreement, fails to deliver the agreed work, repeatedly misses applicable deadlines, behaves unprofessionally, or otherwise causes a project to fall outside the platform’s service requirements.
Where a project is reassigned, Designers Joint may adjust the original Designer’s payment to reflect the work completed, refunds, losses, and contractual obligations.
The original agreement provides for a payment of twenty US dollars (US$20) in exchange for the transfer of intellectual property rights where a project is reassigned. Any such transfer must be expressly documented and legally valid. The parties must establish what rights are transferred, what payment is due, and how the transfer affects the original Designer’s rights.
No copyright transfer will occur merely because Designers Joint reassigns a project unless the transfer is supported by a valid agreement or another lawful basis. Any deduction of transaction fees must be properly disclosed and permitted by law.
7. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
BrandGo Technologies and Designers Joint do not guarantee uninterrupted access, error-free operation, continuous availability, or that the Site will meet every User’s requirements.
We do not warrant the quality, originality, accuracy, legality, or reliability of every design, listing, statement, or service provided by a third party.
The Site may be affected by circumstances beyond our reasonable control, including Internet disruptions, hosting failures, cyberattacks, third-party service outages, and payment-provider restrictions.
To the maximum extent permitted by law, BrandGo Technologies, its officers, employees, contractors, and agents disclaim implied warranties that may lawfully be excluded, including certain implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Nothing in this section excludes any express warranty or statutory right that cannot lawfully be excluded or limited.
No oral or written advice provided by us creates a warranty unless expressly stated in a written agreement.
8. Release of Liability
You acknowledge that Designers Joint operates as a marketplace connecting Designers and Clients and does not control every aspect of the work, conduct, or content supplied by Users.
To the maximum extent permitted by applicable law, BrandGo Technologies and Designers Joint are not responsible for the independent acts or omissions of other Users, including the content they upload or their failure to perform contractual obligations.
Users should exercise reasonable caution when downloading files from the Internet. Files should be checked using appropriate security tools before being opened or used.
We may, but are not obligated to, assist with resolving disputes or arranging replacement design work where a Designer fails to fulfil their obligations.
Advice or information provided by BrandGo Technologies, Designers Joint, employees, or Users is provided for general assistance and should not be treated as guaranteed legal, financial, or professional advice.
If you have a dispute with another User, you agree to attempt to resolve it directly or through the platform’s available dispute-resolution process where appropriate.
To the maximum extent permitted by applicable law, BrandGo Technologies and Designers Joint will not be liable for indirect, incidental, special, consequential, or punitive losses arising from use of the Site, including loss of profits, business opportunities, goodwill, or reputation, except where such liability cannot lawfully be excluded.
Designers Joint is operated from Kenya. Users accessing the Site from other jurisdictions are responsible for complying with applicable local laws, subject to any mandatory legal protections that apply to them.
Nothing in this section excludes liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded or limited.
9. Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold harmless BrandGo Technologies, Designers Joint, and their respective officers, employees, contractors, and agents against third-party claims, losses, damages, costs, and reasonable legal expenses arising directly from:
- Your material breach of this Agreement.
- Your unlawful use of the Site.
- Your infringement of another person’s intellectual property, privacy, or other legal rights.
- Your fraudulent conduct or material misrepresentation.
- Content you submit that you do not have the legal right to publish or sell.
This obligation does not apply to the extent a claim results from the negligence, unlawful conduct, or breach of this Agreement by the party seeking indemnification.
Any indemnification obligation that lawfully survives termination will continue to apply after your use of the Site ends.
10. Intellectual Property
10.1 Ownership of designs
Unless a separate agreement provides otherwise, the Designer retains the copyright and other intellectual property rights in a design until a valid transfer or licence takes effect.
When a design is sold, the rights transferred to the Buyer will be those specified in the applicable listing, purchase terms, or separate written agreement.
Where the transaction expressly provides for a full copyright transfer, the Designer must complete the necessary transfer documentation and comply with applicable law. Unless otherwise agreed, authorship remains with the original Designer even where copyright ownership is transferred.
Purchasing a design does not automatically transfer ownership of the Designers Joint platform, its branding, or any third-party assets incorporated into the design under a separate licence.
10.2 Confidentiality during the design process
During the design and revision process, Designers and Designers Joint will treat project information as confidential to the extent required by the applicable transaction terms, any separate confidentiality agreement, and applicable law.
Once a design is finalized, the Designer and Designers Joint may display it in their portfolios under the licence terms in this section, unless the parties have agreed to confidentiality restrictions.
10.3 Licence to display submitted content
By submitting content to Designers Joint, you grant BrandGo Technologies and Designers Joint a worldwide, non-exclusive, royalty-free licence to host, reproduce, display, distribute, and promote that content as reasonably necessary to operate, market, and provide the Site’s services.
For sold designs, this licence may include displaying the design in portfolios, galleries, and promotional materials, subject to the rights granted by the content owner and any applicable confidentiality agreement.
This licence does not transfer ownership of the submitted content to BrandGo Technologies.
Any sublicensing or transfer of this licence will be limited to what is reasonably necessary to provide the services, operate the platform, or carry out authorized promotional activities.
10.4 Restrictions on copying
You may not reproduce, distribute, sell, modify, or otherwise exploit content from the Site without the permission required from the relevant rights holder.
This restriction applies to logos, graphic design assets, text, software, branding, and other protected content, subject to applicable exceptions under law.
10.5 BrandGo Technologies and Designers Joint branding
Designers Joint is a product owned and operated by BrandGo Technologies.
The Designers Joint name, logo, website, platform software, website design, systems, and original platform content are owned by BrandGo Technologies or the applicable licensors, as appropriate.
The Designers Joint name and logo may be protected by trademark or other intellectual property rights. Nothing in this Agreement grants a User ownership of those rights.
User-submitted designs and logos remain subject to the ownership and licensing arrangements applicable to those works.
10.6 Multiple orders for the same design
Where multiple Users attempt to purchase the same design at approximately the same time, Designers Joint may accept the first valid completed order and cancel and refund subsequent duplicate orders.
Once a design has been sold under terms requiring its removal from sale, it will no longer be offered for sale as the same exclusive listing, subject to any applicable licence or separate agreement.
10.7 Originality and trademark clearance
Designers must only offer designs they are legally entitled to sell and must not knowingly submit material that infringes third-party rights.
Designers Joint may manually review submitted designs but does not guarantee that every design is free from conflicting trademarks, copyrights, or other rights.
Buyers who intend to register a logo as a trademark should conduct appropriate searches and obtain professional advice where necessary.
If a logo’s trademark registration is refused because of a similar earlier mark, the Designer may be required to provide up to ten (10) reasonable revisions where that obligation is expressly included in the applicable sale terms. Such revisions must remain within the agreed scope and be consistent with applicable law.
10.8 Design requests and ideas
When you submit a design request, brief, or idea, you grant BrandGo Technologies and Designers Joint a non-exclusive licence to display and use that information as reasonably necessary to provide the requested services.
Any use beyond the original purpose will be subject to the terms of the applicable licence, privacy obligations, and applicable law.
10.9 Suggestions and feedback
If you submit suggestions, concepts, or feedback about Designers Joint, you grant us permission to use that feedback to improve, maintain, and develop the platform, without compensation, to the extent permitted by law.
This clause does not grant us ownership of your unrelated confidential information, pre-existing intellectual property, or materials that are subject to a separate agreement.
Information posted in public areas of the Site may be visible to other Users and may be used by them subject to applicable law and the rights of the relevant parties.
10.10 Reporting infringement
If you believe content on Designers Joint infringes your intellectual property rights, you should notify us through the Site’s designated infringement-reporting channel or the contact details published on the Site.
Your notice should identify the protected work, the allegedly infringing content, your relationship to the rights holder, and sufficient information for us to investigate.
We may remove or restrict access to disputed material while investigating a complaint and may request additional information from the parties involved.
11. Notices
We may communicate with you through the email address registered to your account or by posting notices on the Site.
You are responsible for keeping your contact information accurate and current. You agree to receive electronic communications relating to your account, transactions, and use of the Site.
Electronic communications will be treated as written communications to the extent permitted by applicable law. We may use reasonable delivery records to determine when a communication was sent.
Formal legal notices concerning this Agreement should be sent to the legal or contact address published on designersjoint.com, or to another address expressly designated by BrandGo Technologies for that purpose.
Notices to BrandGo Technologies will take effect upon receipt, subject to applicable law.
12. Dispute Resolution
You agree to contact BrandGo Technologies or Designers Joint directly in an attempt to resolve a dispute before initiating formal proceedings, where reasonably practicable and consistent with applicable law.
This Agreement is governed by the laws of Kenya, subject to any mandatory legal protections applicable to a User in another jurisdiction.
Subject to applicable law and the jurisdiction of competent courts, disputes arising out of this Agreement may be brought before the courts of competent jurisdiction in Mombasa County, Kenya.
Any contractual limitation period will apply only to the extent permitted by applicable law. Nothing in this Agreement removes a statutory right to bring a claim within a period that cannot lawfully be shortened.
Where a party brings proceedings in breach of a valid procedural requirement, any recovery of legal fees or costs will be determined by the court in accordance with applicable law.
13. Termination
This Agreement takes effect when you first use the Site and continues until terminated in accordance with this section.
You may stop using the Site at any time. You may request account closure through the available account settings or by contacting Designers Joint.
BrandGo Technologies may suspend or terminate your access if you materially breach this Agreement, engage in unlawful activity, infringe third-party rights, commit fraud, or create a material risk to the platform or its Users.
Where appropriate, we may provide notice and an opportunity to remedy the breach before termination. Immediate action may be taken where necessary to address serious security, fraud, legal, or intellectual property concerns.
Termination does not remove obligations arising before termination, including valid payment obligations, outstanding refunds, or rights relating to completed transactions.
We may retain or delete account information in accordance with the Privacy Policy, applicable retention requirements, and applicable data protection law.
Where sold designs remain listed or retained for portfolio purposes, account closure may not automatically remove those designs. Any continuing retention or display will remain subject to the intellectual property licence, the Privacy Policy, applicable agreements, and applicable law.
14. Supporting Documents
The following documents form part of this Agreement where incorporated into the relevant service or transaction:
- Designers Joint Privacy Policy
- Designers Joint Refund Policy
- Designers Joint Payment & Commissions Policy
These documents apply to the Designers Joint platform operated by BrandGo Technologies.
We may update these policies from time to time. Material changes will be published or communicated as required by applicable law. Changes to fees, refund rights, or other material transaction terms will apply in accordance with the relevant policy and any mandatory notice requirements.
If a supporting policy conflicts with this Agreement, the documents should be interpreted together. Any conflict will be resolved in accordance with applicable law and any specific transaction terms that validly govern the matter.
15. General
15.1 Amendments
BrandGo Technologies may revise this Agreement from time to time.
Updated terms will be published on designersjoint.com with a revised effective or last-updated date. Where required by law, we will provide notice of material changes and obtain any necessary consent.
Your continued use of the Site after revised terms become effective constitutes acceptance where such acceptance is legally valid. If you do not agree to the revised terms, you must discontinue use of the affected services.
15.2 Compliance with laws
You are responsible for complying with applicable laws when using Designers Joint.
BrandGo Technologies operates the platform from Kenya. Access to or use of the Site may be restricted by laws in certain jurisdictions, and Users must comply with the laws applicable to them.
15.3 No waiver
A delay or failure by BrandGo Technologies or Designers Joint to exercise a right under this Agreement does not constitute a waiver of that right.
A partial exercise of a right does not prevent further exercise of that or another right.
15.4 Severability
If any provision of this Agreement is found to be invalid or unenforceable, it will be modified or limited to the minimum extent necessary to make it enforceable where permitted by law.
The remaining provisions will continue in effect to the extent they can operate independently.
15.5 Assignment
You may not transfer your account or assign your rights or obligations under this Agreement without our prior written consent, except where such restriction is prohibited by law.
BrandGo Technologies may assign or transfer its rights and obligations in connection with a restructuring, merger, acquisition, or transfer of the Designers Joint business, subject to applicable law and any required notice or consent.
15.6 Entire agreement
This Agreement, together with the applicable supporting policies and any specific written transaction terms, constitutes the agreement between you and BrandGo Technologies concerning your use of Designers Joint.
It supersedes prior agreements on the same subject matter, except where a separate agreement expressly remains in effect.
15.7 No third-party rights
Except where this Agreement expressly provides otherwise or applicable law requires it, this Agreement does not create enforceable rights for persons who are not parties to it.
16. Headings and Highlighting
Headings, bold text, capitalization, colours, and other formatting in this Agreement are used for readability and navigation. They do not independently create legal obligations or alter the meaning of a provision.
The Agreement must be interpreted as a whole and in accordance with applicable law.
Last Updated: 16 October 2026
