Work’n’Design Terms and Conditions (“Terms”)
Our Terms and Conditions were last updated on 08.12.2023.
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
“Affiliate”
means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account”
means a unique account created for You to access our Service or parts of our Service.
“Company”
(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Work’n’Design.
“Country”
refers to Türkiye.
“Content”
refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device”
means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Feedback”
means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Products”
refer to the products or items offered for sale on the Service.
“Orders”
mean a request by You to purchase Products from Us.
“Promotions”
refer to contests, sweepstakes or other promotions offered through the Service.
“Service”
refers to the Website.
“Terms and Conditions”
(also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Terms and Conditions Generator.
“Third-party Social Media Service”
means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website”
refers to Work’N’Design accessible from https://workndesign.com
“You”
means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (I) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (II) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Product License
The products of the e-commerce series as well as all of the Entire System “select” product series as well as the design products are rental products. The contractual provision specifies the respective contract period. Owner – Author – Developer – ©copyright owner is: Mesut Olgun born July 27, 1972
The stated delivery time can change if necessary, which is explained by the effort involved in registering the domain.
Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (I) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (II) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Mesut Olgun, geb. 27.07.1972.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Liability of Work’n’Design
Work’n’Design is only liable for damages in the event of intent or gross negligence on the part of Work’n’Design or one of its vicarious agents. If Work’n’Design or one of its vicarious agents breaches an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract, liability is limited to the typical damage that Work’n’Design could reasonably have foreseen when the contract was concluded, unless the breach of duty occurs intentionally or through gross negligence.
Contract term, termination
Unless the specific offer states otherwise, the contract can be terminated with one month’s notice to the end of the first contract term. It is then extended for an indefinite period of time and can be terminated at any time with one month’s notice.
The following applies to the product “Design Service” in business transactions with customers who are not consumers: The contract is extended after the first contract term by twelve months with a notice period of one month to the end of the respective contract term.
If the customer does not request the deletion of a domain upon termination, Work’n’Design can return the domain to the responsible registry after the end of the contract and a reasonable period of time has expired. Work’n’Design hereby points out that in this case the customer’s obligation to pay the contracting authority may remain.
Alternatively, Work’n’Design can have the domain deleted after a reasonable period of time.
If Work’n’Design terminates the contract legitimately due to late payment or for an important reason, Work’n’Design can, after a reasonable period of time, arrange for the domains concerned to be deleted, unless the customer gives other instructions.
Copyrights, licenses, retention of title
Work’n’Design grants the customer a simple right of use for the programs, applications, scripts and apps provided, which is limited to the term of the associated contractual relationship. It is not permitted to grant third parties usage rights. In particular, sales are therefore not permitted. The customer will no longer use copies of the software provided after termination of the contractual relationship and will delete them. This provision does not apply to open source software; only the associated license conditions apply.
The customer can use the content, texts, images, animations, film and sound materials provided by Work’n’Design during the contract term exclusively to design the contractual internet presence. It is not permitted to grant third parties usage rights. After termination of the contract, the materials must be deleted.
If the customer has licenses etc. on the services provided by Work’n’Design. If you set up, manage or distribute it yourself, you are obliged to license it correctly. This is particularly true if he manages technical parameters that are decisive for the scope of the licensing, for example the number of cores used or the number of users authorized to access.
In the event of a violation of these provisions, Work’n’Design is entitled to use the Internet presence on which the content or software of the CSS MODUS or Work’n’Design production line is used in violation of the license, or the project for which the CSS MODUS or Work’n’Design production line is used in violation of the license must be blocked until proof of legality is provided.
Payment terms
Usage-independent fees are payable in advance for the first contract term, unless another billing period has been agreed. They are then payable in advance for a period that corresponds to the first contract term, unless another billing period has been agreed. The customer’s payments are made through his own deposit.
Obligations of the customer
The customer is obliged to provide necessary data completely and correctly and to communicate any changes immediately. This applies in particular to the address data and email address.
Work’n’Design can send information and statements relating to the contractual relationship to the customer’s email address. It is the customer’s responsibility to provide an email address as a contact address that does not belong to the Work’n’Design products. Otherwise, Work’n’Design cannot inform the customer in the event of a blocking.
The customer undertakes to change assigned passwords immediately. He is responsible for choosing and using secure passwords for all services and accesses, which he uses exclusively for a single service or access at Work’n’Design. The customer manages his passwords and other access data carefully and keeps them secret. He is also obliged to pay for services that third parties use or order using his access data and passwords, to the extent that he is responsible for this.
The customer is obliged to set up its systems, programs, applications, scripts, apps, files, links and other components in accordance with current best practices or industry standards for information security in such a way that the security, confidentiality, availability, integrity and resilience of the systems, networks, Programs, applications, scripts, apps, files and data from Work’n’Design, other Work’n’Design customers and third parties are not impaired or endangered.
The customer ensures that its domain(s) and its contents do not violate any legal regulations or the rights of third parties.
The customer further undertakes not to offer any domains or content for access that are extremist (particularly right-wing extremist) in nature or that represent pornographic, commercially erotic, violent, glorifying violence, racist, discriminatory, harmful to minors, hate speech or terrorist content, nor domains or content that call for crimes or provide instructions for doing so. This also applies if such content is made accessible through hyperlinks or other connections that the customer places on third-party sites.
The use of the Work’n’Design Services to distribute malware or abusive botnets, to send spam messages or for phishing, for trademark and copyright infringement or piracy, fraudulent or misleading practices, counterfeit products or other behavior that Violating applicable law is prohibited.
Exemption
The customer will reimburse Work’n’Design for all damages resulting from a violation of the above regulations, to the extent that he is responsible for this. The compensation also covers the reasonable costs of necessary legal defense. Work’n’Design informs the customer immediately if they themselves or third parties make corresponding claims and gives the customer the opportunity to comment.
Registration process
When procuring domains, Work’n’Design only acts as an intermediary in the relationship between you as a registrant and the respective domain allocation organization. You can only assume an actual allocation once the Internet service has been provided under the desired domain. Work’n’Design has no influence on the domain allocation. No guarantee can be given for the allocation and registration of ordered domains and/or that the allocated domains are free of third-party rights.
You agree that the registration of a domain may be suspended, deleted, or transferred, and that the status of the domain name may be changed, or a registration hold may be placed on the domain name and held there, due to (I) failure of the registrar or registrar to correct when registering the domain, (II) to resolve disputes about the registered domain, insofar as this corresponds to a regulation of ICANN, the registry or the registrar, (III) to ensure the integrity, security and stability of the registration system of the respective top level domain, or (IV) to comply with any applicable laws, administrative regulations or requirements, (lawful) requests from law enforcement or other relevant authorities.
In order to provide the Services and comply with Registry and ICANN requirements, you consent to the use, disclosure and other processing of your personal information, including Personal Data, by the Registry and its agents. This data will be stored within the framework of the contractual obligations and forwarded to organizations (registries, registrars and Denic as operator of the escrow service for registrars) inside and outside the European Union that are involved in the registration process and in the usual way, including public access published on Whois databases.
Disclaimer of Warranty / Indemnification
You acknowledge and agree that the domain names are provided “as is” and without any warranties or guarantees. You agree (within 30 days of the request) to the Registrar, the Internet Corporation for Assigned Names and Numbers (ICANN), the registrar and their associated contractors, service providers, and the members, shareholders, directors, managers, respective owners, officers, employees, affiliates and agents thereof and all other persons involved in the registration process from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and others Expenses (including legal remedies) arising from or in connection with the registration of your domain name. This obligation continues beyond the duration of the registration contract.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (I) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (II) that the Service will be uninterrupted or error-free; (III) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (IV) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: Work’N’Design
– request –