Welcome to sanday.design
This Site is owned and operated by Sandra Hurkova (referred to in these terms as “Sanday Design”, “I”, “me”, and “my”). I am a brand designer specializing in providing all-inclusive services (brand identity, brand strategy), web design, UI/UX design digital product design, etc.; all of these are also offered in the form of consultation and brand audits) to purpose-driven businesses. I also create lifestyle and educational content. You can sign up to my products and/or services as well us join my mailing list and purchase my products and/or services. Please take the time to read the terms of use that apply to the use of this Site and the content made available to you via this Site and my social media accounts, Instagram®, Facebook®, Youtube® , Medium® and Pinterest® (“Terms”). These Terms together with my Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).
I would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of my Site.
CONSENT TO SITE TERMS
By accessing and using this Site, my social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept my Terms.
NO MINORS
By using the Site, accessing or purchasing any products or services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
CHANGES TO THESE TERMS
I reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date I post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on my Site, please don’t hesitate to contact me before completing any purchase.
INTELLECTUAL PROPERTY
The Site, products and services contain intellectual property owned by me and / or by third-parties that license the content to me (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products and/or services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the Content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, my products and/or services or the Content, my Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without my prior written consent. I reserve the right to immediately remove your access to my Site, products and services, Content, without refund, if you are found to be violating these Terms.
DIGITAL PRODUCTS
Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.
Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Sandra Hurkoca and all my related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.
You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which I can offer a refund.
Free or paid content
Where you download or purchase my digital products (including checklists, guides, ebooks, workbooks, video or audio content) (Digital Products) you are granted a non-exclusive, non-transferable, limited license to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without my express written consent. I reserve the right, in my sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by me
LINKS TO OTHER WEBSITES
My Site and social media channels may have links to other sites operated by third parties. Unless I expressly tell you otherwise, I do not in any way, endorse, control or approve of and nor am I responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and I recommend that you investigate and do your homework to find that out.
PRIVACY
These Terms also include my Privacy Policy which sets out how I use your personal information, which can be accessed here.
By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
REFUNDS FOR ONLINE DIGITAL PRODUCTS
Due to the nature of digital products, any orders received and processed by me for digital products available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY. Where I send the wrong digital product I will send you the correct digital product and where the link provided to download is not working, I will send you the digital product direct or via a revised link at no extra cost.
PRICES AND PAYMENT
Prices are in Euros (EUR). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased one of my products and/or services, it will be charged at the price in force at the time a customer’s order is validated.
I reserve the right at any time to modify or discontinue the product and/or service without notice at any time. I shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.
Each package requires 50% deposit paid upfront for any work being done. You can pay via direct bank transfer or by card online. The remaining 50% will be paid at a set date at the end date of the timeline for the project prior to sending final files. All additional invoices are payable within 21 days of invoice date. A 2% service charge is payable on all overdue balances for reissuing each invoice at 21, 28, 35, 42 days and so on from the date of the original invoice.Please note you may be subjected to additional fees, such as a rush fees and an extra revision fee, the amount depends on the size of the project and specifics of each situation and would be communicated in advance. Non-payment or default in payments client shall assume responsibility for cost outlays by Designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs. Designer may choose also to cancel the project immediately, suspend work until payment is received (including stopping ongoing work, removing unpaid material, and taking down a website).
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
REVISIONS
Default number of revisions is 2 per project. Since each project is slightly unique, The scope and any limitations of each project will be stated in the proposal. Any additional services not included in the package, require separate agreement and if they impact the current project timeline that needs to be adjusted as well.
DISCLAIMER - INFORMATION AND ADVICE
The information provided in or through my Site, products and/or services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on my Site products and/or services be relied upon as business, financial or legal advice.
By referencing any programs, courses, products or services on my Site, including any processes or other information, this does not constitute or imply my endorsement, sponsorship or recommendation of the products or services.
You acknowledge and agree that I have not and do not make any representations as to the financial benefits, future income, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site products and / or services.
NO GUARANTEES
My role is to support and assist you in reaching your branding goals, I cannot guarantee that purchasing any package or consultation or using my products and/or services will ensure success. Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can I guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any package, or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on my Site or via any content I communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
I will make every reasonable effort to ensure the accuracy of the material produced, but it is your responsibility to carefully check all proofs for errors prior to production. I will not be held accountable for any Additional Costs incurred if the project has to be reproduced due to errors that were not corrected in the final proofs approved by you.
PERSONAL RESPONSIBILITY
I provide that any information about my services and products on my Site accurately represents the service or product. By purchasing any products or services or otherwise using my Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained from your use of this Site, purchase of products and/or services, taking into account your own personal circumstances.
TESTIMONIALS
On my Site I can present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of my products and/or services will achieve the same or similar results.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law I make no representations or warranties about my Site and / or the products or services including that:
(a) they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
(b) access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
(c) there is no possibility of failure to store communications or other data.
The use of any products and/or services, requires personal choices and / or actions that are unique to the individual and any reliance on the content made available on my Site, through my products and/or services are at your own risk.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event am I, any of my subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of my Site and /or my products or services, your inability to access my Site, interruption or outage of my Site or the fact that content on my Site or in my services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Czech Consumer Law. Contractual relations not regulated by this Treaty are governed by Act No 89/2012 Coll., the Civil Code, or other Czech legislation as appropriate.
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold me and my related entities, affiliates, and my and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between me by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorized to access the Site.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
I have the right to discontinue this Site. If I decide to do this, it can be at any time and may be without notice to you. I may also exclude any person from using our Site, at any time and at my sole discretion. I will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
I am permitted to assign, transfer and subcontract my rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with my Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the Czech Republic. In relation to any dispute, I ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to Act No 89/2012 Coll., the Civil Code, or other Czech legislation as appropriate.
