LEGAL

terms of service

OVERVIEW

This website is operated by Odyssey Design Lab. Throughout the site, the terms “we”, “us” and “our” to refer to Odyssey Design Lab and singular forms of expression are used to refer to the Managing Director, John Fee. Odyssey Design Lab offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted a service request).

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Our prices may change in the future. If the pricing for your subscription increases, we will notify you, and provide you with an opportunity to change your subscription, before applying those changes to your service agreement or charging your payment details in connection with an automatic renewal.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - THIRD-PARTY RESOURCES

Certain content, products and services utilised via our Service may include materials from third-parties.

SECTION 5 - PERSONAL INFORMATION

Your submission of personal information through this website is governed by our Privacy Policy.

SECTION 6 - USE OF SERVICES. CUSTOMER RESPONSIBILITY

1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using 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, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2. You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information on the rules and guidelines for using our Services.

3. You are responsible to provide accurate and complete information about you and your organisation. (if you purchase on behalf of an organisation) We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

4. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services.

5. You acknowledge and agree that our hosting service may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s). You authorize us to disclose the results of such audits to third parties.

6. You are responsible to maintain any third-party assets which are used in conjunction with your Service(s) including; Domains and Email-hosting.

7. It is the responsibility of you and your employees to maintain strong security awareness if and when you access your Service(s).

SECTION 7 - FINANCIAL ARRANGEMENTS FOR CARE PLANS

We offer many different types of care plans, and the specific pricing terms applicable to a client may vary depending on the customised services offered to the client. In addition, some of our subscription care plans are subject to a minimum subscription period due to the nature of the incentivised services offered. If you have questions regarding your care plan following your purchase, please contact us directly at info@odysseydesignlab.com

1. Client shall pay by valid payment method for Care / Hosting Services provided by Odyssey Design Lab at the time specified in the client's Care Plan Contract. Client’s monthly payments for Hosting Services, depending on the plan selected by Client, shall be automatically charged to the valid payment method provided by Client at the time of purchase each month.

2. If Client does not pay the fees by the Due Date, Odyssey Design Lab may suspend Client’s ability to use the Services and may terminate these terms.

3. Client expressly agrees that Odyssey Design Lab charges VAT (Value-Added Tax) for sales to EU residents and EU based companies.

4. At the end of the contract term, the contract will automatically cancel. All renewals are subject to a new agreement.

5. In the event of the Client terminating a contract prematurely, the Client is subject to pay any outstanding subscription periods in accordance with the minimum subscription duration agreed within the Client Contract.

6. Violations of Odyssey Design Lab's Terms and Conditions may, at Odyssey Design Lab's discretion, result in immediate and permanent disablement without refund.

7. Client's who have entered a minimum subscription duration are protected from any price changes within the agreed contract period.

8. Odyssey Design Lab expressly reserves the right to change the fees of the Hosting Services subsequently after the time period ends in the Client's Care Plan contract with advance notice provided to the Client. If Client does not agree to any such pricing change, it may cancel the Hosting Services any time, but no refund will be payable from any fees already paid.

9. Disputed charges (“chargebacks”) associated with any Odyssey Design Lab account may, at Odyssey Design Lab's discretion, result in immediate and permanent disablement.

SECTION 8 - SECURITY

In case Odyssey Design Lab determines a security breach that has compromised a Client’s service, Odyssey Design Lab agrees to notify the Client as soon as reasonably possible but only after they have investigated the breach and fulfilled their legal obligations under applicable law. Client agrees to the same notification obligations should they determine that there has been a breach.

SECTION 9 - SCOPE OF WORK CHANGES

Even when the Scope of Work has been defined and agreed upon, Clients will sometimes wish to change what they originally asked for. This is absolutely fine, but if the required revisions require extra work exceeding the Scope of Work as defined in Service Agreement. Odyssey Design Lab may decline, or charge additionally for, work that we believe reasonably deems to be beyond the agreed upon Scope of Work. Our hourly service fee on such occasions will be fixed at 450 SEK per hour (Excl VAT)

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Odyssey Design Lab and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice.

The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Clients who have entered into minimum subscription duration agreements will be obligated to pay any outstanding payment periods from the date of termination to the final day of the agreed minimum subscription duration period as outlined in the Client's contract.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 13 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sweden.

SECTION 14 - LIABILITY

Client expressly agrees that use of Odyssey Design Lab's server services is at the Client’s sole risk. Neither Odyssey Design Lab, its employees, affiliates, agents, third-party providers, merchants, licensors or the like, warrant that Odyssey Design Lab's server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Odyssey Design Lab server service, unless otherwise expressly stated in this agreement.

Odyssey Design Lab hereby excludes itself, its Employees and or serving third-party agents from all and any liability from:

(a) Loss or damage caused by any inaccuracy;

(b) Loss or damage caused by omission;

(c) Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;

(d) Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Odyssey Design Lab to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

SECTION 15 - MATTERS BEYOND OUR REASONABLE CONTROL

Odyssey Design Lab is not liable for any breach of this Agreement caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes, weather of exceptional severity, unavoidable hardware or software failures, cyber attacks or acts of local or central government or other authorities.

SECTION 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.