These Terms and Conditions applies to msdesigning.com
The website https://www.msdesigning.com/ (the “Site” or “website”) is a copyrighted work belonging to the company M. S. Designing, an Indian Company with Certificate of Enlistment Number 0006 6612 0050. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features, if not already dispalyed or posted.

These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services (whether as a Client or Customer, or a Designer). By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.
In case you are located in the United States, this Agreement requires the use of arbitration to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.


1. Service
1.1 General
M. S. Designing provides an online platform that helps connect and support customers (“Customers”) or clients (“Clients”) who wish to purchase customized designs or designing services and Active designers (“Designers”) or agencies who wish to provide such designs or services. “User” means any user of the Site or Service, and may be a Designer, an Agency, or a Client. By the term "Design" as mentioned in this website are meant for digital entity only. M. S. Designing has no involvement in dealing with any kind of physical designs, artwork or any other similar physical entity.

1.2 1-to-1 project
(a) Client and Designer can work with each other on design projects by creating a 1-to-1 project and following the directions on the Site. Designer can create quotes ("Quotations" or "Bids") for Clients. Clients have to pay the full amount as mentioned in the quote (bid) to finalize it. The paid amount is kept secured with the M. S. Designing Authority till the project completes or declared to be cancelled. Clients reserve the right to accept or reject (send "notice of rejection") the design after submission of the project.

(b) After the Designer has submitted (Status "Submitted"), the Client may accept (Status "Complete") or reject (send "notice of rejection") the design using suitable options available in the website. If the Client accepts the design, the final output is made available to the Client. Payment (to the Designer) process (Section: 2) starts automatically after one hour. Rejection ("Notice of rejection") of the design is not allowed after one hour of completion (Status "Complete") of the project. Client will be deemed to have accepted the submitted design (Status "Complete") unless he or she accepts the design or provides a notice of rejection (using suitable options available in the site) to M. S. Designing within 10 days of Submission of the sample design(s).

(c) Clients will get detailed invoice only after completion of the project and payment (to the Designer) process (Section: 2).

(d) If the cause for the notice of rejection is not settled within 180 days of a rejection notice, or 5 times rejected the design, whichever is earlier, M. S. Designing will refund the Client Payment and Client will have no right to use the resulting design in any way. And the corresponding project will be cancelled. Any refund of the Client payment are subject to other terms as mentioned in section 4.

(e) M. S. Designing has no involvement in managing the project workflow, check quality of the design and/ or any Copyrights or Intellectual property rights associated with the design or physically providing the design to the Client. It simply acts as a means of communication between the Client and the Designer and provides the ability for Designers and/ or Clients to store and share files for work, and for Clients to request services from Designers, view designs, provide feedback on projects and/ or services.

1.3 Floating project
(a) Clients may post their projects with customized project details on the Site without deciding the designer. Individual Designers or Agencies willing to work, may notify their concern ("Response") and create quotes ("Quotations" or "Bids") against such projects. The Client selects the Designer to work with. Client has to pay the full amount as mentioned in the Designer’s quote to finalize the same. The paid amount is kept secured with the M. S. Designing Authority till the project completes or declared to be cancelled. The Client reserves the right to accept or reject (notice of rejection) the designs after submission (Status "Submitted") or within one hour after completion (Status "Complete") of the project.

(b) Same as Section 1.2(b).

(c) Same as Section 1.2(c).

(d) Same as Section 1.2(d)

1.4 Project Status:
Project status may be: Creating/ Posted/ Floating/ Negotiating (Settling Price)/ Active/ Submitted/ Complete/ Cancelled.
(a) Status Creating: A Client is creating a project, and has not posted the same to the website till now.
(b) Status Posted: Client has posted a 1-1 project to a particular Designer or Agency but the Designer or Agency has not Created any quote for the same till now.
(c) Status Floating: Client has posted a floating project to the website but no Designer or Agency has Created any quote for the same till now.
(d) Status Negotiating (Settling Price): If a project has got at least one quote (bid).
(e) Status Active: The Client has agreed with any one Quotation and has done payment to the website.
(f) Status Submitted: The designer has submitted the project with the final design along with a sample of the final design. However the final design is not accessible by the Client in Submitted state.
(g) Status Complete: The Client has accepted the design, payment (to the Designer) process (Section: 2) started.
(h) Status Cancelled: The project is cancelled (Section: 3.2).

1.5 File Access:
File access may be restricted for both Clients and Designers, depending on the Directory of the file and Project Status. Restrictions (if any) are mentioned, alerted and updated automatically in the website from time to time.

1.6 Designer Application and/ or Status update:
Any user may apply as a Freelance Designer or request upgradation of his/ her Designer Level [Master/ Intermediate/ Entry] with suitable options provided in the site “My Status”. His/ her application is processed and according to the decisions of M. S. Designing authority he/ she may become an Active Designer ("Designer"). And may start working as a freelance Designer. Or his/ her Designer levels may be modified.

1.7 Auto upgradation of Designer Level:
Considering number of projects done, reviews, number of followers and other aspects of a Designer his/ her Designer Levels [Master/ Intermediate/ Entry] may be modified [Upgraded/ Downgraded].

1.8 Decisions about Designer Status:
The decision(s) made by the M. S. Designing authority are considered final. Any clarification of any authoritative decision(s) may or may not be entertained depending on circumstances.


2. Payment Terms

2.1 Client Payment
(a) Client has to pay the full amount on the basis of the quote (bid) created by the Designer or the Agency before starting a project. However the amount he or she pays is kept secured with the M. S. Designing authority till the project completes or the project is declared to be cancelled.

(b) Client will have no control over the paid amount once the project is declared complete or cancelled.

2.2 Designer or Agency Payment
A Designer or an Agency gets paid when:

(a) one of his or her project completes.

(b) M. S. Designing pays back the Cancellation charge after cancellation of the Project by the Client, to the assigned Designer only after deducting M. S. Designing's part as may be mentioned while creation of Quotations or Bids.

(c) A Designer or a an Agency does not get any payment if the project is cancelled by the Designer.

(d) It may take upto 10 working days (3 on average) to send payments to the Designer.

(e) We do not provide any Interests or late-fee while making payment to the Designer or Agency.

(f) We do not provide any other charges not mentioned in the quote (bid) while making payment to the Designer or Agency.

(g) After completion of a project, payments are made only after deducting the M. S. Designing service charge (Platform usage charge), as may be mentioned while creating the quote (bid).

2.3 Currency
(a) Quotes (bids) are created using INR (Indian Rupee) for Indian Clients and USD (United States Dollar) for Clients outside India.

(b) Designers or Agencies may use INR or USD currencies while creating the quote (bid), using options provided in the website. However the final quote currency (Converted if required) will depend on billing address of the Client.

(c) Payments will be done using INR for Indian Designers or Agencies and using USD for Designers or Agencies outside India.

(d) Currency conversion rates are as of the date of quote creation. Quote (bid) amounts and/ or payment amounts do not change after creating the quote (bid).

2.4 Platform usage charge
(a) M. S. Designing charges a certain percentage of the project base value as platform usage charge.

(b) This platform usage charge may vary depending on the Designer level [Master/ Intermediate/ Entry].

(c) It is mentioned clearly with each and every quote generated in the website. Also while creating the quote. Please see Why M. S. Designing for more information.


3. Completion and Cancellation

3.1 Completion of project
A project will be deemd to be completed once
(a) the Client declares it to be complete by clicking suitable option available inside the website or
(b) 10 days after the project has been submitted by the Designer and the Client has not accepted or rejected (submitted any notice of rejection to M. S. Designing).

3.2 Cancellation of project
A project having status as "Submitted" (Submitted by the Designer and Rejected by the Client upto 4 times), "Complete" or "Cancelled" can not be cancelled by the Designer or the Client.
The Client may cancel the project only if the project is having status as "Creating", "Posted", "Floating", "Negotiating" (Settling Price), or "Active".
The assigned Designer may cancel the project only if the project is having status as "Posted", "Active" or "Negotiating" (Settling Price).
A project will be deemd to be cancelled once
(a) the Client or the assigned Designer cancels the project by using suitable options available in the website or
(b) after submission of the final Designs (Status "Submitted") by the designer, the Client has provided a notice of rejection to M. S. Designing (using suitable options available in the site) and the cause for the notice of rejection is not settled within 180 days of the notice or the Client rejects the project 5 times, whichever is earlier or
(c) no activity has been done by the assigned Designer within 30 days from the date, the project is in "Active" state.

3.3 Cancellation Charges
(a) If a project is cancelled by a Client while the project is in "Active" state or the project is in "Submitted" state (provided the same has been Rejected and Re-Submitted upto 4 times), he or she may have to pay a Cancellation charge after cancellation of the project, provided the Designer has already mentioned the Cancellation Charge for the project, during creation of Quotation or Bid for the same. The Cancellation Charge will be deducted from the project amount and the rest will be refunded to the Client within 10 working days from the date of cancellation of the project. Any refund to be provided to the Client are subject to other terms as mentioned in Section 4.
(b) If a project is cancelled by the assigned Designer, no cancellation charge will be applicable.


4. Refund

(a) M. S. Designing will make refunds to the Client, preferably using the same payment methods that Client used to make the Payment to M. S. Designing or via any other method specified by M. S. Designing from time to time. The refund amount payable to a user may be reduced due to any transaction charges that may be applicable by a third party organization responsible for payments.
(b) M. S. Designing may refund Clients for the following reasons: (i) An Active Project is cancelled by the assigned Designer; (ii) M. S. Designing is required by law or considers that it is required by law to do so; (iii) M. S. Designing determines that issuing a refund to Client will avoid any dispute or losses to M. S. Designing; (iv) M. S. Designing issues the refund to Client in accordance with any refund policy specified by M. S. Designing from time to time; (v) the order placed (or request made) by Client is found to be fraudulent; (vi) Client placed a duplicate order (or request) in error or (vii) after Submission (Status "Submitted") of the Project, the Client provides a notice of rejection, and the same (the notice of rejection) settles down to cancellation of the final Design.


5. Exclusivity and Non-Circumvention

5.1 Exclusivity
You acknowledge and agree that M. S. Designing’s revenue is derived from its receipt of Client Payments made through the Site or any third party online payment service provider. Therefore, for 24 months from the time you meet any party through the Site (the "Exclusivity Period"), you must use the M. S. Designing Services as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the "M. S. Designing Relationship"). You may opt-out of this obligation only if Client or prospective Client pays M. S. Designing an "Opt-Out Fee" of $2000.

5.2 Non-Circumvention
You agree not to circumvent the payment methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
(a) Submit proposals or solicit parties identified through the Site to contact, hire, manage, or pay outside the Site.
(b) Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
(c) Invoice or report on the Site or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Client and Designer.

You agree to notify M. S. Designing immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by sending an email message to: admin@msdesigning.com


6. Important Disclaimers and Release

6.1 Disclaimer
(a) We do not provide warranties regarding the Design Concepts, Projects, Designer’s services or any other products or services provided by us, Designers, Clients, or other Users and each of the foregoing are provided by us “AS IS”. Designers sell and Clients buy Designs and/ or Designing services or both parties work on a project at their own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any other User. Your interactions with other users are solely between you and such User and M. S. Designing will not be responsible for any loss or damage incurred as the result of any such interactions (excluding those directly due to M. S. Designing’s acts or the Services). If there is a dispute between you and any User, we are under no obligation to become involved. Notwithstanding the foregoing, M. S. Designing will use commercially reasonable efforts to provide the Services described in this Agreement.

(b) Nothing contained on this Website should be construed as a guarantee or promise of any kind, regarding the availability of projects, assignments, or income opportunities through the Website. We do not warrant or represent that users will receive any specific number of projects, assignments, or income of a particular amount through the use of the Website. The availability of projects and assignments, as well as the income earned by users, will depend on various factors beyond our control, including but not limited to market conditions, user performance, and client requirements. By using this Website, you acknowledge and agree that you do not have any legitimate expectation of receiving a fixed income or specific project assignments.

6.2 Release
You hereby release and forever discharge us (and our employees, agents, successors, and assigns if any) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, your use of the Site and/or Services, any interactions or transactions of you with, or act or omission of you in relation to other Users, including Clients and Designers and Third Party Sites & Ads (excluding those directly due to M. S. Designing’s acts or the Services).


7. Accounts

7.1 General
In order to use the Service, you must register for an account with M. S. Designing (“Account”) and provide certain information about yourself as prompted by the Site registration form or via social media. You represent and warrant that:
(a) all required registration information you submit is truthful and accurate; and
(b) you will maintain the accuracy of such information. Without limiting the generality of the foregoing, you agree to provide M. S. Designing with identification documents (including copies of IDs, passports or drivers licenses) which M. S. Designing requests from you from time to time for the purposes of verifying your identity. You may close your Account at any time, for any reason, by following suitable options provided in the site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify M. S. Designing of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security which is based on your negligence. M. S. Designing cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Users may not have more than one Account with one E-Mail ID.

7.2 Closure of account
Closure of an account involves removal of login credentials from the USERS database, all files uploaded by the user which are not in Shared directory.
In case of a Designer, Closure of the account does not remove his/ her Designer information from the DESIGNER database, it only changes the Designer's Status as “Inactive”. All other project information done by the Designer may be kept in the server as it is.


8. User Content

8.1 Your User Content
“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Design Concepts, and reviews (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by M. S. Designing. Because you alone are responsible for your User Content (and not M. S. Designing), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. M. S. Designing is not obligated to remove any Design Concepts, or Reviews from the Site unless required by applicable Law. M. S. Designing is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

8.2 License to User Content
You hereby grant, and you represent and warrant that you have the right to grant, to M. S. Designing an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services and making it available on third party platforms; and for general marketing purposes of M. S. Designing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. For the avoidance of doubt, Designer’s license or assignment of the Sold Design to Client is set forth in the applicable Design Transfer Agreement described in section 9.


9. Design transfer agreement

This Design Transfer Agreement ("Agreement") sets forth the legally binding terms between a Designer and a Client for the sale of one or more Design(s) through the Project Services unless the Client and the Designer otherwise separately agree in writing.

By creating a quote (bid) through the Project Service, Designer is accepting this Agreement and represents and warrants that it has the right, authority, and capacity to enter into this Agreement. By paying for quote (bid) through the Project Service, Client is accepting this Agreement and represents and warrants that it has the right, authority, and capacity to enter into this Agreement.

(a) Overview. M. S. Designing provides an online platform, subject to "Terms of Use" , that connects Clients who wish to purchase or develop designs, ideas or other related digital entity and Designers who wish to provide such designs, ideas or other related digital entity, through the Project Service. This Agreement is effective as of the date of the quote (bid) payment made by Client through the Project Service as identified in M. S. Designing's systems ("Effective Date"). This Agreement governs and applies to each Sold Design through the Project Services after the Effective Date. M. S. Designing is not a party to this Agreement. Capitalized terms not otherwise defined in this Agreement have the meaning set forth in the Terms of Use.

(b) Delivery and Payment. Designer will deliver the Design to the Client as required by the Terms of Use. Client will pay for the Sold Design or for development of the same as required by the Terms of Use. The price for the Sold Design or development is specified in the quote (bid) paid through the Project Service.

(c) Assignment. Upon Designer's receipt of payment for the Sold Design as provided in the Terms of Use, Designer hereby irrevocably and perpetually assigns to Client all right, title and interest worldwide in and to the Sold Design or idea or any other related digital entity and all intellectual property rights therein, including the rights to reproduce, make derivative works of, distribute, publicly perform, and publicly display the Sold Design. Designer cannot use the Sold Design for Designer's own purposes or sell or license the Sold Design to any other person. The foregoing assignment will remain in effect in perpetuity. Without limiting the scope of the foregoing assignment, Designer assigns to Client all rights described here.

(d) Representations, Warranties, Indemnity. Designer represents and warrants that (i) it has all rights necessary (including any third party licenses required) to grant the foregoing assignment and (ii) unless disclosed by Designer when initially submitting the Sold Design to the Project Service, Designer represents and warrants that the Sold Design does not contain any intellectual property right licensed from a third party. Designer will defend, indemnify, and hold harmless Client from and against any and all claims, suits, actions, costs, expenses, damages, losses, and liabilities based on any claim that the Sold Design infringes or misappropriates a third party's intellectual property rights.

(e) M. S. Designing. Each party agrees that M. S. Designing and its third-party providers are intended third party beneficiaries of this Agreement. Each party hereby releases, and will defend, indemnify, and hold harmless, M. S. Designing and its third-party providers from any and all claims, suits, actions, costs, expenses, damages, losses, and liabilities related to either party's breach of this Agreement.

(f) Entire Agreement. This Agreement constitutes the entire agreement between a Designer and a Client regarding the sale of the applicable Sold Design. A party's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Each party's relationship to the other is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and the rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by a party without the other party's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

As interactions between a designer and client are between them – and M. S. Designing has no responsibility or liability in respect of user interactions – the Designer and Client are free to enter into any separate written agreement relating to the terms of use of Sold Designs. The separate agreement will take precedence over this agreement (apart from clause (e) of this agreement which must take precedence over any separate agreement).


10. Acceptable Use Policy

The following sets forth M. S. Designing’s “Acceptable Use Policy”:

10.1 Privacy
You agree that you will use the personal information of other Clients or Designers made available to you only for the purposes of interacting with them in relation to the Services. You must not use their personal information for any other purpose, including for marketing purposes without their written consent. You represent and warrant that you will comply with applicable data protection laws (including, without limitation, the Indian Information Technology Act, 2000 and the Indian Contract Act, 1872) in relation to the storage, use and transfer of personal information.

10.2 User Content
You agree not to use the Site or Services with any User Content or to provide any products or services that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (including by allowing any third party to download or reuse any User Content in violation of any such third party rights, by using any work in an editorial manner without affixing the necessary credit or attribution or by posting or uploading or allowing any third party to post or upload any User Content on social media sites that grant exclusive rights or ownership in respect of such User Content to any third party); (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, slanderous, indecent, pornographic, obscene, patently offensive (e. g. , material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way or that would otherwise imply that the creator of the User Content, or the persons or property appearing in the User Content (if any), endorse any political, economic or other opinion-based movements or parties or in a way that places any person in the User Content in a bad light or in a defamatory, unlawful, immoral or offensive manner; (iii) is in violation of any laws, or obligations or restrictions imposed by any third party; or (iv) would cause a material risk to the security or operations of M. S. Designing or any third party.

10.3 Use Restrictions
You agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, or to offer, use, or permit the use of the Site and/or Services in a computer service business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as part of a hosted service, or on behalf of any third party, or to sell, license or distribute any work as stand-alone or as part of an online database or any other database, or any derivative product containing any work in such way that is intended to allow a third party to use, download, extract or access the work as a stand-alone file or otherwise share any work with any third party; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks, or remove, obscure, or alter any proprietary notices associated with the Site and/or Services; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; (vii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (viii) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (ix) display, mirror, or frame the Site, or otherwise attempt to interact with the operating system underlying the Site and/or Services.

10.4 Other Terms
(a) Copyright handlling. Each designer owns the copyright to their designs until the corresponding project is declared to be complete by a client, and the rights to the final design are transferred over to the client. That transfer happens on completion of the project, in the Design Finalization stage. After the final design has been uploaded in the Design Finalization process, and the copyright transfer is agreed to by both parties, copyright is seen to be transferred to the client.

(b) Action against User. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

(c) About Freelance Designers. Freelance Designers working on projects or appling as new Designers, using the website are not considered in any way to be at any permanent post or to be an employee of M. S. Designing.


11. Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services, or otherwise host or sub-license the Site and/or Services (or any part thereof);
(b) you shall not modify, make derivative works of, adapt, translate, disassemble, reverse compile, decompile or reverse engineer any part of the Site or Services, or otherwise attempt to discover the source code in the Site and/or Services (or any part thereof);
(c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and
(d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. M. S. Designing reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that M. S. Designing will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that M. S. Designing will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
(e) we recommend not to use our services if you are handling top secret information involved with any project. In this regard you may please check the privacy policy.


12. Indemnity

You agree to indemnify and hold M. S. Designing (and its employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim made by any third party arising out of (i) your use of the Site or its Services, (ii) your User Content (including your Design Concept, designs, schematics, illustrations, in the Project Service), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws. M. S. Designing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.


13. Third Party Sites & Ads

The Site may contain links to third party websites, and advertisements for third parties (collectively, “Third Party Sites & Ads”). These Third Party Sites & Ads are not under the control of M. S. Designing and M. S. Designing is not responsible for any Third Party Sites & Ads. M. S. Designing provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, or warrant Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply.


14. Termination

We may (i) suspend your rights to use the Site and/or Services including your Account, or (ii) terminate this Agreement, at any time for a legitimate purpose, in part or in full, with or without prior notification to you. Upon termination of this Agreement, your Account and right to access and use the Site will terminate immediately. Any payments outstanding to you at the time of termination will be paid to you. Termination of your Account may involve deletion of your User Content associated therewith from our live databases. M. S. Designing will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content.


15. Disclaimers

M. S. Designing make no warranty that the Site or Services, will meet your requirements, will be accurate, reliable, free of harmful code, complete, legal, safe, or any other conditions taht may not be mentioned in this agreement.


16. Liability

In no event shall M. S. Designing be liable to you or any third party for any loss or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of, or inability to use, the Site or Services. Your use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damages to you, your property or loss of data resulting therefrom.


17. General

17.1 Changes or modifications
This Agreement is subject to occasional revision, and if we make any substantial changes, modifications, amendments, we may notify you by E-Mail or by posting notice on the Site. You are responsible for keeping us updated with your most current E-Mail address.

17.2 Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India.

17.3 This Agreement
This Agreement regarding the use of the Site and Services is between you and us. Our failure to enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Regarding your relationship to M. S. Designing neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you.

17.4 Copyright Information
Copyright © 2019, M. S. Designing. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent.

17.5 Contact Information
support@msdesigning.com