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Terms of Service
Last Update: December 2021
Welcome to Bang Design
The following terms of service (these “Terms of Service”), govern your access to and use of the Bang Design website, content, functionality, and services provided by Bang Design Private Limited and its providers, as applicable. Bang Design Private Limited and its providers are collectively referred to as “Bang Design”, “Bang Studio”, “Zetsy”, “we”, or “us”; and “you”, “user”, “Buyer”, “Client”, or “subscriber” mean you as a client of the service, or buyer of products.
Please read the Terms of Service carefully before you start to use our services. By using the Site, joining the Waitlist, opening an account, soliciting our services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, as well as Website Payment Terms and Conditions found here (“Website Payment Terms and Conditions”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
Overview: Transparency and Objectivity
Our main goal is to provide a wide range of services to our customers and consolidate their design, engineering, visualization, and documentation needs to one honest, transparent, and efficient company. Our professionals work seamlessly to provide as many services as we possibly can.
We provide formats to help clients and teams capture their ideas and requirements in a clear and unambiguous manner. The ensuing work can then be objectively followed. We request that you use these modes to reduce time and transactions costs of the collaboration.
There may be projects we are unable to do, or customers we cannot service. This can be because of the type of skills needed, resource availability, impossible deadlines, inherent ambiguity in the project, or other reasons. If you’re unsure of our capabilities and offerings, please write to sales@bangid.com.
Basics: The Active Task
“To do multiple things at once is to do none” –Publilius Syrus
“The farther away a reward is in the future, the smaller the immediate motivation to achieve it” – Gary Keller
To deliver consistent volume and visible turnaround times on all projects, we developed an agile scheduling and workload system. This offers better planning for both us and you.
We do this by allowing only “2 Active Tasks” and “1 Active Activity” per subscription at any time. Each task is simply defined or agreed as work that can be completed between 2 hours to 2 working days. For example, this could be one configuration of components, finishing a section of a design guideline document, a set of features that can be added in 3D CAD, proposing a single UX workflow, or remedying a prototype anomaly.
A cluster of associated tasks is an activity. If an Activity is to be monitored, it should be defined and agreed as a cluster of tasks that take no more than two weeks, and no more than two reviews to approve. We don’t ask that these be written down. But they much be kept in mind. Where necessary teams will maintain tasks or issue lists in an Excel spreadsheet within a Microsoft Teams Channel, or Google Sheets document in a shared workspace, or whatever application you prefer. Note that maintaining lists will eat into the time available for completing the task.
These limits are for a single subscription. If you need more volume at one time, you can add multiple subscriptions.
Basics: The Time Limitation
Unless specified exclusively to you, or upfront elsewhere on this site, all plans provide a team time contribution about 120-140 hours per month, when averaged over a year. Because of the natural cadence of projects, and the scatter of mandatory holidays in our workplace locations, the time spent varies per month. If you need more Volume of work at a time, you can add on multiple subscriptions.
Basics: What You can Expect
- Reasonably quick turnaround on a task. For example, we have finished wearable ID to brand approved mock-up in 9 weeks. And a wearable sent to production including liaison time with manufacturers in under 6 months. A 45 second technical product promotional video with animations and post production, takes about 6 weeks. That said, project times vary by complexity, and are not comparable even for the same subscriber.
- Follow up from the team when a task or draft deliverable is completed.
- Request as many revisions and variations as you need to get a final product.
- Request and receive all source files with full ownership.
- Access to support teams and senior members to help in any situation.
What we need from You
Clear Communication is necessary for a successful relationship. We ask that you be as clear as possible and add as much detail as you can to each request. To support your requests or directions to follow, providing links, images, and videos of examples is welcome.
Please note, we do our best to provide the highest quality work. However, design and development are subjective. We may not always execute to expectations on the first go. We ask that respectful, objective and actionable feedback is provided to our team. See Tips (provide link to Tips page)
As our relationship builds, similar tasks will be completed faster.
Please note, we do our best to provide the highest quality work. However, design and development are subjective. We may not always execute to expectations on the first go. We ask that respectful, objective and actionable feedback is provided to our team. See Tips (provide link to Tips page)
As our relationship builds, similar tasks will be completed faster.
Subscription Details: No Contracts
Subscription Fee :
In consideration of the provision of Bang Design services, excluding any free trial period (“Free Trial Period”), Client shall pay Bang Design a monthly fee (the “subscription fee”), as available and applicable. Bang Design reserves the right to amend the Fee or Subscription Term from time to time.
Subscription Term :
Except for the first month of a subscription or resumption after pause, each of our subscription plans are rolling monthly by default, or when available and subscribed, quarterly, or annual agreements, adjusted to the calendar month. You will have access to request new design work, revisions and communicate with designers during those months. During the first month, the subscription term is truncated to fit to the next calendar month.
Auto-Enrolment and Renewal :
To ensure that Client does not experience any interruption, Client’s Subscription will automatically renew for every month. None of our subscription plans are locked into long term contracts and you are free to add, subtract, upgrade, or downgrade your account at any time during your subscription
Non-cancellable and Non-refundable: the Subscription Fee is non-cancellable and non-refundable.
Payment Method :
Client hereby authorizes Bang Design to charge the Subscription Fees, upon due date, from automated payment method selected by Client for this purpose (“Subscription Payment Method”). If automated payments are not available, Bang Design will send an invoice and/or payment link at the start of the calendar month.
Pause or Renew a Subscription :
Pausing your subscription allows you to stop normal recurring renewals of your plan. The ‘Pause’ is counted in work weeks and not in days. If you pause mid-week, the pause will come into effect the following calendar week. Likewise, when you resume, the corresponding week is considered as a work week. If your account does not have sufficient funds for the entire renewal month, then you will receive a payment link for the pro-rata amount.
Storage Access After Pausing :
Clients can access their storage – either Google Drive or Microsoft Teams – that is created when initially joining the service, for up to 3 months after the end date of the last paid period. At the end of 3 months the account will be archived, and data on any unfinished projects may be deleted. No new tasks will be started after the end of the paid period. In special cases, revisions can be requested within the 7-day period after the end date of the paid period.
Cancellation :
A cancellation is equivalent to an indefinite pause. You may send such notice to bang@bangid.com or to a representative. We will keep your logins and account active so you can access all previously submitted files for up to 3 weeks until the end of your current billing period.
Discounts and Promotions :
Unless expressly agreed otherwise, if Client received a special discount or other promotional offer, Client acknowledges that upon renewal of its Subscription, the Subscription will renew, at the full applicable Subscription Fee at the time of renewal.
Taxes :
The Subscription Fee is exclusive of all taxes (including without limitation, value added tax, sales tax, excise, goods, and services tax, etc), levies, or duties, which may be imposed with respect to these Terms of Service.
Chargebacks :
Any decline, chargeback or failure to collect Subscription Fee due by Client (“Chargeback”), will be deemed as a breach of Client’s obligations hereunder, and therefore (i) Bang Design may deduct such amount from Prior Balance; and/or (ii) Client’s Business Account may be downgraded, disabled, or terminated (at Bang Design’s sole discretion) until payment of applicable Subscription Fees in full, including any fees and expenses incurred by us for each Chargeback received, without derogating from any other remedy that may be applicable to Bang Design.
Payment Terms
You agree to pay the fees specified during registration in full at the beginning of each month prior to any services being rendered by Bang Design under this Agreement. Your access to services and files may be stopped in the event of non-payment of applicable fees.
You represent and warrant to Bang Design that the provided billing information is accurate, up to date, and that you’re authorized to make the payment.
Bang Design may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Bang Design will be required to collect will be in addition to the purchase amount and subscription fees payable by the Client.
Clients are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
For Website and Automated Payments, please see the Website Payment Terms and Conditions available here
Ownership Rights
100% is owned by you from the start, subject to payment at the start of the month. Subject to such payment, the Client is granted all intellectual property rights, including but not limited to, copyright in the work delivered. Bang Design Private Limited waives any and all moral rights therein, and expressly assigns to the Client the copyright in the delivered work. All transfer and assignment of intellectual property to the Client shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason.
Physical Deliverables:
Some of the services on Bang Design may involve the production of prototypes or procurement of samples that need to be delivered to you. These are typically produced by one of our ecosystem partners, chosen based on empirical evidence.
No Warranty, and Invoicing and Shipping for Physical Deliverables
No warranty can be given on prototype quality. ‘Corrections’ are at the discretion of the prototype or part manufacturer. Also, prototypes are built to validate a set of assumptions in the design. If such assumption is invalidated or cannot be validated on account of prototype part quality, the appropriate approach is “remedy” the prototype as much as possible, refine the design based on new information acquired, and manufacture more prototypes with process controls to enable specific new quality requirements. This is an iterative process.
No Warranty, and Invoicing and Shipping for Physical Deliverables
We will negotiate a part or prototype price for you. There are two options for payment to the ecosystem partner.
- The ecosystem partner(s) will invoice you directly before shipping. You raise the order on and pay the partner directly (preferred). For Shipping, you will be asked to provide a shipping address.
- We place the order and pay the partner. Within 7 calendar days of us making the payment, you will pay us the expense + 12% handling fee. Note that in addition to the partner’s charges, there will be government duties, shipping costs and banking charges
Shipping
For parts shipped by us, a transparent shipping fee will be charged. The payment terms are 7 days from receipt of invoice for this too.
Bang Design does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. We will provide the tracking number if available over messaging service when delivering the prototype or sample.
Unresponsive Teams
If for any reason the team you are working with becomes unresponsive for more than two weeks, please send an email to bang@bangid.com. Once the issue has been established, we will pause your subscription and credit the corresponding weeks.
Confidentiality and Waiver of Conflict of Interest
Bang Design, its Sellers and Service Providers recognize that there might be a need for Subscribers to disclose certain confidential information to be used for the purpose of delivering the ordered service, and to protect such confidential information from unauthorized use and disclosure. Without derogating from the generality of the above, Bang Studio, its Sellers and Service Providers agree to take reasonable measures to (i) maintain all such information in confidence; (ii) not disclose the information to any third parties; and (iii) not use the information for any purpose except for delivering the ordered work.
Employees and providers associated with Bang Design will provide professional, objective, and impartial services at all times and hold your interests paramount. Subscriber is aware that Bang Studio and its providers have previously performed, and will continue to perform services with several brands, businesses, and individuals worldwide. Bang Design, its parent, employees, providers, and affiliates are privy to many creative ideas, many of which are protected and/or proprietary intellectual property. We may have developed product features and similar intellectual property with the interest to license or enable provision of this service. We may also be bound by numerous non-disclosure and confidentiality obligations in areas that may be similar, or competitive to your business or technology.
It is possible that during the time we are advising or working with you, some of our past, current, or future clients and associates will (a) have similar types/lines of business as yours, (b) be in direct and/or indirect competition with you, and/or (c) have business dealings with you. Bang Design services for Subscriber are conditioned upon Client (“Subscriber”) acknowledging and waiving all potential claims of conflict of interest.
Disclosure
A partial but representative list of projects, products, and product categories that Bang Design, its parent, employees, providers, and affiliates, have been involved in, can be found here (send them to the link that says “bangid.com/prior-art list”)
Publicity Rights
- The Client grants Bang Design the right to include the Client’s Organization and Logo, as an example customer in Bang Design’s promotional material.
- Client can deny Bang Design this right by agreeing to a higher subscription fee (15% higher) for the same tier and service, and submitting a written request via email to sales@bangid.com, requesting to be excluded from Product promotional material. Confirmation of such denial (via reply email) must be received prior to the start of subscription for this exclusion to be effective.
- Should the Client come to be or already be included in our promotional material, because of any prior relationships where the Client did not request exclusion from Bang Design promotional material, the Client can at any point in time, submit a written request via email to sales@bangid.com to have Bang Design remove the Client’s name from such promotional material. Upon receipt of such request, Bang Design will remove any reference to the Client from such promotional material within 30 days and make no further reference to the Client.
Non-Solicitation of Personnel; No Hire
During the period beginning on the start of subscription, and ending on the second (2nd) anniversary of the last Date of subscription or hiring of our services, neither Party shall, or shall cause any of its Affiliates to, or shall assist any other Person to, directly or indirectly,
- Solicit, recruit or hire any Person who is or was an employee, independent contractor or consultant of the other Party, nor
- Solicit or encourage any such Employee to leave the employment of the other Party at any time during this period. However, the provisions of this Section shall not prevent either Party or its Affiliates from making a general solicitation for employment that is not specifically targeted at the Employees of the other party.
Disclaimer of Warranties and Limitation of Liabilities
Bang Design Private Limited (“Bang Design”, “Bang Studio”. “Zetsy”) represents that any information, deliverables, or intellectual property furnished in connection with the service provided shall be true and accurate to the best of its knowledge and belief, but Bang Design shall not be held to any liability for unintentional errors or omissions therein. Both parties agree that the service, and deliverables within, are provided “as is”. Bang Design makes no further representations or warranties or covenants, expressly or impliedly, in respect of the deliverables including implied conditions of merchantability, or fitness for a particular purpose, or that the use of information or intellectual property disclosed or provided hereunder will not infringe any patent or other intellectual property right of a third party.
In no event will Bang Design, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with Client (“Subscriber”)’s use of, or inability to use, services obtained from, or information or intellectual property disclosed or provided by Bang Design, this site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by Bang Design and protected by copyright, trademark, and other intellectual property laws. Zetsy®, Zet®, Zetpack®, ZetsyDAO®, Zetmark®, Zetcoin® and ZIP® are all registered trademarks owned exclusively by Bang Design Private Limited. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (1) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (2) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (3) remove any copyright notice, identification or any other proprietary notices; (4) use automation software, hacks, modifications or any other unauthorized third-party software designed to modify the Site; (5) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (6) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (7) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (8) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (9) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (10) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, Bang Design owns all right, title and interest in and to the Site (including all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than User Generated Content) including, without limitation, the exclusive right to create derivative works.
Termination/Denial of Access.
Without limiting any other provisions, Bang Design reserves the right to deny access to and use of the Website. Such denial shall be at Bang Design’s sole discretion and without notice or liability to Client. Denial of access may be to any person and for any reason or for no reason, including without limitation for breach of any representation warranty or covenant contained in these Terms of Use or the Privacy Policy (when available) or any applicable law, statute, or regulation. Upon termination or suspension, Client is thereafter prohibited from registering and creating a new account under any name or on behalf of any third party. Bang Design reserves the right to take appropriate legal actions against Client for breach of this paragraph.
Corrections, Modifications and Discontinuations
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to make changes to these Terms of Service from time to time.
When changes are made, we will make a new copy of these Terms of Service available on this page. You understand and agree that if you use Bang Design’s Services after the date on which these Terms have changed, your use will be considered as acceptance of the updated Terms of Service.
We may add, modify, or discontinue any feature, functionality, or any other tool, within the Bang Design service, or suspend Bang Design Subscriptions altogether, at our own discretion, at any time, and without further notice.
Design is
Eating
the World
