Terms of Service

Last updated: October 18, 2023

Welcome to the website of Focused Design Company, please read these terms and conditions carefully before visiting the website or purchasing Services.

Definitions

For the purposes of these Terms:

  • Company (referred to as either "the Company", "We" or "Us") refers to Focused Design Company, registered at Keurenplein 4, Unit A5803, 1069CD, Amsterdam, KVK-nummer 88335917.

  • Client(s) (referred to as either "the Client" or "You") means all individuals accessing or using the Website and Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Website and Services, as applicable.

  • Parties or party means Company and Client mutually referred to as “parties” and individually as a “party”. 

  • Service(s) refers to any services and products offered by the Company that you are purchasing from us. These may include, but are not limited to, consultation services, information products, information materials, digital downloads, articles, courses and similar.  

  • Terms / Terms of Service mean these terms and conditions that form part of the agreement between You and the Company governing the use of Services and Website. 

  • Website refers to Focused Design Company Website, accessible from www.focuseddesignco.com 

  • Country refers to the Netherlands

    Acknowledgment

    These Terms are the terms and conditions governing the use of Services and Website and the agreement that operates between You and the Company. 

    By visiting our Website and/ or purchasing something from us, you engage in our “Service(s)” 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 our Website and Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Service is owned and operated by Focused Design Company.

    Your access to and use of the Website and Services is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all Clients. You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Services. Your access to and use of the Website and Services is also conditioned on Your acceptance of and compliance with Our Privacy Policy and other accompanying policies of the Company.

1. Usage

1.1. Prohibited uses. When using and accessing the Website and Services, You will do so lawfully and appropriately and not abuse the Website or Services in any way. In particular you agree NOT to:

  • Access, store, distribute or transmit viruses, malicious code, or other harmful technology.

  • Do anything that infringes on any intellectual property rights.

  • Copy, modify, distribute, transmit or re-sell the Website and its content as well as Services and its content (of any kind) in any way, in part or wholly.

  • Reverse engineer, disassemble or otherwise convert the Website and its content as well as Services and its content in any other form. 

  • Do anything unlawful, fraudulent, threading, discriminatory, defamatory or offensive. 

1.2. Links to Other Websites. Our Website may contain links to third-party websites 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 websites 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 websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. 

1.3. Termination of Website access. We may terminate or suspend Your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Website will cease immediately.

1.4. We reserve the right to refuse any purchases of Services you place with us at our sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit purchases that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

1.5. You agree to provide current, complete and accurate purchase and account information for all purchases made for Services and on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Please also consult our Privacy Policy. 

2. Limitation of Liability

2.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website. Alternatively, limited to 100 EUR (in words: one hundred euro) if You haven't purchased any Services or purchased anything through the Website. 

2.2. To the maximum extent permitted by applicable law of the Country (“applicable law”), in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website or Services, third-party software and/or third-party hardware used with the Website or Services provision, or otherwise in connection with any provision of this Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

3. General provisions

3.1. You explicitly agree that all purchases of Services are non-refundable under any circumstances.  

3.2. We reserve the right to refuse Services or access to the Website to anyone for any reason at any time.

3.3. "As-is" and "As-available" disclaimer. 

3.3.1. We provide the Website and Services to you on an “as-is” and “as-available” basis, and with all faults and defects without warranty of any kind. We cannot and do not promise or guarantee that the Website and Services will be fit for, or achieve, any particular purpose or goal. You are solely responsible for determining whether the Website and Services are appropriate for your purposes and goals. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through our Website or Services. We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

3.3.2. To the maximum extent permitted under applicable law, the Company, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website and/or Services, 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 Website and/or Services will meet Your requirements, achieve any particular 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.

3.3.3. 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 Website and Services, or the information, content, and materials or products included thereon; (ii) that the Website and Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website and Services; or (iv) that the Website, its Services, 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.

3.4. Your right to use the Website and Services is personal to you. You may not sub-license, transfer, sell or assign your right to access or use the Website or Services to any third party without prior our written approval from Us. Any attempt to do so will be null and void and will be considered a material breach of the Terms.

3.5. Prices for our Services are subject to change at our sole discretion without any prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3.6. There may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, product charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

3.7. Governing law and jurisdiction. The laws of the Netherlands govern the rights and obligations of the Client and the Company under these Terms and Your use of the Website and Services, without regard to conflict of law principles of that country. If any disputes are not resolved informally or by arbitration, the parties agree to resolve disputes through litigation in accordance with the laws of the Netherlands. 

3.8. Severability. This paragraph deals with what happens if a provision of these Terms is found to be unenforceable or invalid. If that’s the case, such a provision will be changed to the minimum extent necessary to make it enforceable and interpreted to accomplish the objectives of such provision to the greatest extent possible and the remaining provisions will continue in full force and effect. Unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Terms is changed or disregarded because it is unenforceable, the rest of the Terms is still enforceable. 

3.9. Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

3.10. Disputes Resolution. If You have any concern or dispute about the Website or Services, You agree to first try to resolve the dispute informally by contacting the Company. In the event that a dispute cannot be resolved informally, any dispute arising the Parties shall be resolved by arbitration. There shall be 1 arbitrator which shall be appointed by the Company. The venue of arbitration shall be Amsterdam and the seat shall be the Netherlands. The arbitrators' decision shall be final and will be binding on both the Parties.

3.11. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services or Website.

3.12. You represent and warrant that (i) You are not located in or you are not a citizen or resident of a country that has sanctions imposed by the European Union or that is subject to the United States government embargo and/or restrictive measures, or that has been designated by the United States government as a "terrorist supporting" country, (ii) You are not and never have been associated with or included in the EU terrorist list of persons, groups and entities involved in terrorist acts and subject to restrictive measures, and (iii) You are not listed on any United States government list of prohibited or restricted parties.

3.13. Translation Interpretation. These Terms may have been translated as we have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

3.14. Changes to These Terms. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. By continuing to access or use Our Website and Services 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.

3.15. Any new Services, content, features or tools which are added to the current Website shall also be subject to these Terms.

3.16 For calls offered free of charge (e.g. complementary discovery call, strategy call or other similar) as well as calls scheduled in exchange for a fee, we reserve the right to refuse to cancel any calls without any prior notice and for reasons that are at our sole discretion.  Any no-shows can be refused to reschedule calls free of charge. No-shows are considered people who do not show-up on the call within 10 minutes from the scheduled start time.

3.17 By entering your email address, name and phone number in this Website or any third-party extensions of this website (for example, but not limited to - when scheduling a call, purchasing a product or receiving free resources etc.) you agree to subscribe to our mailing list and agree to receive our newsletter, promotions, product updates and other marketing materials. You can unsubscribe anytime.

4. Indemnity 

4.1. You agree to indemnify  defend and hold harmless the Company (and its affiliates and their directors, officers, employees, and agents) from and against all demands, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of these Terms. 

5. Refunds and Returns

Due to the digital nature of our products, all sales made on the website are final. Once the purchase is completed, no refunds or returns can be provided. We encourage you to carefully review your order before completing your purchase to ensure it meets your needs.

6. Contact Us

If you have any questions about these Terms, You can contact us by visiting this page on our Website: www.focuseddesignco.com/contact

Linked policies

This document makes reference to our Privacy Policy and Cookies Policy.