Contract between Designers and Clients

This Contract relates to the transfer the rights to a design and copyright which are created by a Designer for a Client of DesignCrowd.  The terms used in this contract are the same as the terms used in DesignCrowd's User Agreement. 

This Contract will apply to you in relation to any Project on DesignCrowd, in your capacity as either a Client or Designer. When a Client selects a Design for their Project, the Client and the Designer will be deemed to enter into a legally binding agreement that, unless the Client and Designer agree in writing, that legally binding agreement will be on the terms of this Agreement. By entering into a Project (either in your capacity as a Client or a Designer), you agree that you will be bound by the terms of this Contract as set out below.

Clients and designers acknowledge that DesignCrowd is not party to this Contract.  Clients and Desginers agree  that DesginCrowd shall not be responsible or liable for any breach of this Contract.
This Contract was last amended on 23rd of November 2009.

Amendments to this Agreement

DesignCrowd may amend this Contract at any time by publishing an amended Contract on this Site. Your use of the Service, after DesignCrowd publishes an amended Contract, shall be deemed to be acceptance of the amended terms.

Assignment of Rights

Under this contract Designers agree to transfer any rights to designs and copyright, that they hold, to the Client when the Client selects their design and funds are transferred.

If the Design incorporates the any copyright or trademark of a third party, then:

(a) The Designer warrants that it has obtained a licence from the relevant third party to incorporate that intellectual property within their Design;

(b) If the designer can transfer the licsense to use this intellectual property to the Client then the designer agrees.

The Designer indemnifies the Client and DesignCrowd against any loss, cost, expense or damage (including legal damages).

General

 This agreement is governed by the laws of Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and Australia.

‘DesignCrowd’ is a trademark of DesignBay Pty Ltd. DesignBay Pty Ltd is a private company registered in Australia. Australian Business Number (ABN): 26 127 272 315. Address: Suite 248, 91 Longueville Road Lane Cove NSW Australia.