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Design Cuts Terms and Conditions
Within these terms ‘we’, ‘us’, ‘our’ and ‘Design Cuts’ pertain to Design Cuts (designcuts.com) and Design Cuts Ltd, as the holding website/marketplace/company for your creative products.
Within these terms ‘you’, ‘your’ and ‘product provider’ pertain to your product(s), website(s) and organization(s).
General Store Owner Terms and Conditions:
By opening a marketplace store with Design Cuts you, as product provider, agree to the following terms and conditions:
- You, as product provider retain copyright for your product(s) at all times.
- We have your permission to sell your design item(s) as part of our digital Marketplace. Should you wish to no longer sell your product(s) via our marketplace, you should provide us with a minimum of 14 days notice, so as to avoid any interruptions in our email and social marketing efforts.
- You agree to a revenue split of 50% for all product(s) (excluding course products). For each product sale, you will receive 50% of earnings, paid out as per term 10 in this agreement. Revenue split for course products is covered in term 3.1 of this contract.
- You agree to a revenue split of 40% for all course product(s), sold in the ‘courses’ section at Design Cuts. For each course product sale, you will receive 40% of earnings, paid out as per term 10 in this agreement. Design Cuts uses our split of sales towards hosting costs and the delivery of video content and advertising for your course product(s). This term applies to all course products published in our marketplace from January 1st 2023.
- Both You and Design Cuts accept all handling costs associated with customer refunds for your product(s), and refunds will be subtracted from the amounts made payable. As product provider you cannot make purchases of your own product(s), nor request a refund on this purchase.
- We are within our rights to give away free copies of your marketplace product(s) to our top tier of affiliate partners for promotional purposes. Such as (but not limited to) tutorials, product reviews, give-away prizes, third party blogs, and other promotional campaigns to encourage sales of your product(s). For these promotional freebies, no earnings will be paid. This is specifically done to encourage sales and increase overall attention for the product(s).
- We are within our rights to use your product(s) within educational content for promotional purposes (including, but not limited to tutorials and live webinars).
- You confirm, as product provider, that you hold full copyright and ownership rights for the item(s) which you provide, inclusive of images used in your product preview graphics, and that those items do not infringe on any third parties copyright or legal rights. In releasing your product(s) with us, you accept any and all legal liabilities arising from misrepresentation of copyright and ownership, including, but not limited to claims from third parties. You are solely responsible for all legal liabilities arising from providing us with false information pertaining to your website, organization or product. Use of public domain, copyright free material is acceptable.
- As product provider, you are not permitted to upload or sell any items/imagery that have been generated via AI services or platforms.
- We are within our rights to amend your product titles and product descriptions for Search Engine Optimization (SEO) purposes, where necessary. These changes are to ensure your product(s) are optimized with the most relevant and most competitive keywords giving your product(s) the best chance of ranking well for Search Engine Results Pages (SERPs).
- All payouts for your store will be handled via your Tipalti payment portal. This can be set up as part of your sign up process, via the ‘payouts’ dropdown option in your account menu. You will be notified at the end of each month of your sales, by our Accounts Team. Any commissions due will be paid to you around the 5th working day of the following month via your preferred method of payment, selected in your Tipalti account. If no sales have been received in your store you will not receive a monthly report.
- You agree to make reasonable efforts to inform us of any change in the regular pricing of your product(s), as listed on other third-party marketplaces. If the long-term, permanent price of a product is reduced on other third-party marketplaces, you agree to match the pricing in your Design Cuts store to the lowest price available elsewhere. If a product becomes available for free of charge in other third-party marketplaces, you agree to match this in your Design Cuts store. If this cannot be matched the product will be removed from our marketplace until the regular price is reinstated. This helps us remain competitive, and avoid price ‘under-cutting’ on competing platforms. This excludes limited-time discounts of up to 30 calendar days. You are free to run discounts, deals and sales for your own products within your own website(s) at any time.
- We will thoroughly check all provided products for viruses or security risks to the best of our ability, using virus-checker software. However, you are solely responsible for any security issues arising from the transfer of these items that are deemed outside the responsibility of Design Cuts (i.e.: directly caused by your actions as product provider, whether you are aware or unaware of these issues).
- Our marketplace is subject to our primary license, which can be viewed at: https://www.designcuts.com/licensing/. By signing this contract, you agree to sell your product(s) under this central license as part of your marketplace store.
- We reserve the right to amend our terms and conditions and product license in future. We will notify you in advance of any changes coming into effect.
- By participating in our marketplace, your product(s) and store are subject to discount vouchers. Discount voucher codes, up to a maximum of 15% but typically less (5% - 10%) are offered to encourage and incentive return/repeat purchases. As an example, if a customer adds a product to their cart, and does not complete the purchase for a period of time, a 5% discount may be used to ensure that they complete their transaction, and you still make the sale.
- By participating in our marketplace, your product(s) and store are subject to our Build-A Bundle ‘up-sell incentive’. Our up-sell incentive helps to maximize average purchase amounts, as well as your total revenue. This offer encourages our users to buy additional resources as part of a single purchase, rather than just a single resource. This is achieved via offering a discount as an incentive, and the discount scales dependent on order size.
Generally your product(s) will be those recommended for up-sell, but users of the marketplace will be able to purchase your product(s) as an up-sell, even when shopping within a different section of the marketplace and vice versa. This helps to drive sales to your store on a more consistent basis by way of cross pollination within the wider marketplace. If your product(s) feature in a build-a -bundle purchase you will receive a percentage of your product price based on the discount table shown below.
Our set commission rate of 50% (or 40% for course products) will then be applied to the discounted product price.
- 1 product purchased: Full Price
- 2 products purchased: 20% off total order
- 3+ products purchased: 30% off total order
Products that already have a discount applied to them, such as an introductory discount or a special offer discount, are not eligible to be included in a customer’s build-a-bundle purchase.
Original Product Terms and Conditions:
A Design Cuts original product is a product created in collaboration with us. These original product collaborations are based on an invitational basis.
By releasing an original product with Design Cuts, you, as product provider, agree to the following terms and conditions (terms 17 - 26 in this contract). These terms are in addition to the ‘General Store Owner’ terms and conditions as per terms 1 - 16 in this contract.
- In collaborating with Design Cuts to create an original product, you acknowledge that copyright of this/these product(s), and all associated items is shared by Design Cuts and you, immediately following the signing/return of this contract. The product will be presented as a collaborative product between us and you, to be sold via our marketing channels.
- You will receive 50% of all net earnings from DesignCuts.com (which are classified as earnings not including VAT, as VAT payments are handled by Design Cuts). Likewise, Design Cuts will receive 50% of all net earnings from the product sold via your personal website 'store'.
- For Course products, you will receive 40% of all net earnings from DesignCuts.com (which are classified as earnings not including VAT, as VAT payments are handled by Design Cuts). Design Cuts will receive 60% of all net earnings from the product sold via your personal website ‘store’. Design Cuts uses our split of sales towards hosting costs and the delivery of video content and advertising
- Original products are distributed exclusively via our marketplace ‘store’ and may not be sold on any other platforms without our permission.
- Original products are subject to a 30% 15 day exclusive launch introductory discount price. The regular product price is to be agreed by both Design Cuts and you prior to the product launch.
- We will update you with product sales at the end of each month, as part of your marketplace store report. Any commissions due will be paid to you around the 5th working day of the following month via your preferred method of payment, selected in your Tipalti account.
- We are within our rights to feature preview images from this product in our marketing, educational campaigns and promotional materials.
- Original products will likely incur additions/updates over time. Design Cuts will continue to work with you in an advisory position with regards to these updates, as well as honor our agreement of promoting such updates via our marketing channels. Any updates will not be viewed as a new product, but simply an update/upgrade to the existing product, and therefore will fall under all terms within this contract.
- Both you and Design Cuts must be in agreement to enforce any price changes to an original product(s) (i.e.: following an update).
- We are within our rights to delay or cancel original product launches should we deem the product unsuitable due to it not fulfilling the original agreed product brief and/or not meeting our product quality standards. Should we cancel the product as an original launch you are released from terms 17 - 26 within this contract and you are permitted to sell the product on other third party marketplace platforms and with vendors as you see fit.
- Should you decide to withdraw the sale of Your product(s) at Design Cuts, at any time, We reserve the right, as shared copyright owners, to continue to sell your Design Cuts original product(s) via our marketing channels for an indefinite period, with any resulting revenue split between Us and You (as stated in term 18 and 18.1 of this contract). The sale or transfer of your copyright ownership for your Design Cuts original product(s) is not permitted at any time.