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Folio's Term of Service

Last update: November 2017

This agreement is between you (the “User” or "you") and Folio Solutions. ("Folio", “Folio Solutions”, or "we"). We provide Users with access to our platform that enables Users to create and manage the End Products (as defined below). These services may be provided through personalised or generalised designs, interaction services or content (collectively, the “Services”) through http://www.folio.solution (the “Site”) or directly from Folio and its representatives. By inputting any details, initiating a design process, or using any other content within our Site you confirm your obligation to comply with our Terms of Service, Privacy Policy and any other guidelines posted on the Site. If you do not agree with all of the provisions of this Agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Service and any other provisions and/or terms and/or otherwise between the Company and You, the provisions and the terms of these Terms of Service shall prevail. Please feel free to contact us with any questions regarding the content of this agreement.

  1. Our Designs

    1. Platform Purpose – Folio provides an online platform that accepts orders to create and manage various design assets. Users can use Folio's service to create and customise logo and other branded items products, such as "branding packages", "logos", "brand guidelines", "letterheads" and "business cards" (collectively, the "End Products" or “ByProducts").

    2. Paid Designs & Services – In order to have our team work on your requirements, you must pay the Fee stated on the Site or based on the quotation emailed to your personal email, for custom request. Please carefully review Section ‎4 below for additional information. Folio will only start work on your design after full payment has been made.

    3. Information – Throughout the use of the Site by the User, Folio may request the User to input information or answer questions in order to create the End Products (the "Design Process").

    4. Use of Folio Branding and Design – All of Folio Brands designs that appear throughout the Design Process, as well as trademarks and service marks, logos, slogans and taglines, are the property of Folio. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site which are the property of Folio (the "Materials"). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

  2. Accessing your account

    1. Account Access - Once registered, we will provide you with an access credentials to a personal account on the Site (the "Account"), thereby allowing you access your own dashboard to monitor the progress of the project.

    2. Account Information - You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so may result in the cancellation of your Account and loss of previously purchased End Products and/or future Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.

    3. Product Information Throughout - The Design Process you will be providing information to better create your End Product, and you are legally responsible for all information that is used to create your End Product. Folio is not responsible for the content you provide neither as to the End Product nor as to the Account. You are solely responsible for the accuracy and appropriateness of all data and content of your End Products, logos and brands; including name, taglines and details. Folio will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Folio may not maintain copies of files featuring these designs and may decline at any stage a request to change information.

  3. User responsibilities

    1. Legality of Activity – You accept your sole responsibility for all of your activities using our Site, including content you submit or share via Folio's Design Process. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. Folio Brands may determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If Folio reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.

    2. General - In addition, you agree to all of the following:

      1. You hereby confirm that you are at least 18 years of age and will not use Folio Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.

      2. You will not imply or claim that you are affiliated with or endorsed by Folio Brands without our express written permission.

      3. You will not access the Services or the Account by any means other than through the interfaces provided by Folio Brands and you will not attempt to or actually override or sabotage our security. In addition you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Folio infrastructure.

      4. You agree that Folio shall not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking any third party links appearing on our Site.

      5. You will not create End Products using Folio Brands that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous.

  4. Fees and Taxes

    1. General - Folio Services is subject to payment of fees, as determined by Folio in its sole discretion and notified in relation to such Services (“Fee(s)”). If you purchase any Services or End Products that we offer for a Fee, you agree to Folio or our third party service providers, storing and updating your payment card information. You expressly agree that we are authorised to charge you (i) the stated Fee, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts.

    2. One Time Fee - One time End Product fees are non-refundable. If a User has reason to believe that he/she/it was charged on error he/she/it may provide a written notice to our Customer Support and request to cancel his/her/its Fee. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Folio platform.

    3. Taxes and Currencies - All Fees on the Folio shall be deemed to be in Indonesia Rupiah (IDR), except when and as specifically stated otherwise in writing by Folio. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. Folio shall not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products.

    4. Chargebacks - If the User decides to contact his or her bank or credit company, or reject the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of the User fee payment obligations, and their use of the Folio Services may be automatically suspended and/or terminated. In such case, Folio reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinished or finalised Designs. Access to the User account shall not be granted until the User pays any applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by Folio, we encourage you to first contact Folio’s Customer Support team before filing a Chargeback. Folio reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorise the transaction to Folio.

    5. Design Vouchers - From time to time, and at its own discretion, Folio might offer Direct Discounts for sale ("Discounts"). Such Discounts allow the Customer to purchase End Products or Services for a discounted price. Such Discounts might also include an expiration date that would allow the Customer to utilise them after the date they were initially purchased ("Design Vouchers Expiration Date"). Design Vouchers will not be redeemable after the Design Vouchers Expiration Date and Folio will not offer a Refund for any Unused Design Vouchers after the Design Vouchers Expiration Date. All Vouchers fees are non-refundable and non-cashable. If a User has reason to believe that he/she/it was charged on error he/she/it may provide a written notice to our Customer Support and request to cancel his/her/its Fee.

  5. Other

    1. Disputes - Any formation or interpretation of this Agreement and any disputes arising from it will be governed by the substantive and procedural laws of the Republic of Indonesia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in DKI Jakarta, Indonesia, and you hereby submit to the personal jurisdiction of such courts.

    2. Indemnification - You hereby agree to indemnify, defend and hold harmless Folio and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Folio Services, End Products, designs or Site, including, without limitation, all claims relating to your use of your Account, logo, branding kit or Design Resources.

    3. Changes to this agreement - We might, from time to time, modify parts of this Agreement. In such case, we will release a notice on our Site or send an email to our registered Users. Since such notices might many times be overlooked, we encourage you to frequently check this page for any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

    4. Misc. - If we do not enforce any part of this Agreement, it will not be considered a waiver and if any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

  6. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

    OUR SITE, DESIGN RESOURCES, END PRODUCTS, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF FOLIO SOLUTIONS SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOLIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. FOLIO MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST FOLIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. FOLIO WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, AS WELL AS ANY BUGS, VIRUSES, TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FOLIO PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FOLIO IS NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. FOLIO WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FOLIO WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. FOLIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT THE OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE FOLIO SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER FOLIO NOR ITS THIRD PARTY CONTENT PROVIDER ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF FOLIO (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.

  7. Customer Support

    For any questions regarding these Terms Of Service, feel free to email our customer service at hello@folio.solutions