using WordPress and Graphxe Studio Terms and Conditions of Business
Definition of our terminology as used within this document:
1. A ‘Project’ is any work undertaken or service provided by Graphxe Studio for the Client on their request and as described in our confirmation order email and proposal to that Client.
2. A ‘Client’ is a person, persons, business or organization using any of the services provided by Graphxe Studio.
3. ‘Content’ is both text and images supplied by the Client for the project.
4. ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
5. ‘Domain’ is the website address as specified by the Client.
6. ‘Web Host / Hosting’ is the service that stores your websites files and makes them available to internet users.
7. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
Graphxe Studio Terms & Conditions
1. The contract between Graphxe Studio and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Graphxe Studio confirmation order email and proposal.
3. Email will be the method of contact with regard to all communication. Although Graphxe Studio can be contacted by email, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Graphxe Studio cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Graphxe Studio aim to acknowledge all emails within 3 working days.
4. Graphxe Studio will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the Project. If the project is a website it will be switched to Live Mode once the Clients remaining balance is paid in full.
5. The deposit paid to Graphxe Studio covers the cost of design work carried out as well as any admin work and communication with Graphxe Studio. The deposit is non refundable.
6. Graphxe Studio shall expect the Client to carry out sufficient research before proceeding with a Project. This will include checking that the project/idea/business will operate legally. Graphxe Studio cannot be held liable for any illegal activities or Content involved with Project as it is the sole responsibility of the Client.
7. It is important for the Client to keep in contact with Graphxe Studio throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a $150 admin charge if the client later returns and wishes to continue work on their project.
8. Where images used on the project have been purchased by Graphxe Studio on behalf of the Client, these images are strictly for use on the project only. Graphxe Studio are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organizations.
9. Graphxe Studio cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Graphxe Studio.
10. Client and Graphxe Studio may disclose confidential information one to the other to facilitate work on the Project. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that is already known to the party to whom it is disclosed; is or becomes part of the public domain without breach of agreement; is obtained from third parties, which have no obligations to keep confidential to the parties to this agreement.
11. Graphxe Studio will provide the Client with an expected completion date for the Project if requested. Graphxe Studio will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by Graphxe Studio is purely an estimate. The Client should be aware that failure to submit required information and Content may cause subsequent delays in the production of the Project. Client delays could result in significant delays in delivery of finished work.
12. It is the Client’s responsibility to check with Graphxe Studio whether Open Source Software is being used or not. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Graphxe Studio or the Client.
13. Graphxe Studio own all design work until final payment has been received in full. Once final payment is received, the Client will then own the final design, unless Open Source Software is used in relation to website projects [see Item 12]. Stock Images may have been purchased by Graphxe Studio for the Client, unless the images have been supplied by the Client. Stock Images purchased by Graphxe Studio are licensed only for use on the project.
14. All Content displayed on the Clients Project will only be used after authorization by the Client and is the sole responsibility of the Client regarding usage and copyright. Any legal issues arising from the content supplied are sole responsibility of the Client and therefore the Client is liable.
15. It is the responsibility of the Client to renew their Domain name and web hosting when due. If Client’s Domain name or Web hosting expire, Graphxe Studio cannot be held liable for this. The management of the Domain name and Web hosting are the full responsibility of the Client. The Client has full responsibility in making sure that the domain name and web hosting is renewed when due.
16. Graphxe Studio has no control of, or responsibility for, the content of Clients’ project. In no way does the textual or image based Content of our Client’s project’s constitute Graphxe Studio endorsement, or approval of the project or the material contained within the project. Graphxe Studio has not verified any of the materials, images or information contained within our Client’s project’s and is not responsible for the content or performance of these project’s or for the Client’s transactions with them. Graphxe Studio provides links or references to our Client’s project’s solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client project at all times.
17. If Project is a website then installation of website on Clients Web hosting is limited to the uploading of all necessary files to Client’s Web hosting, and testing of functionality.
18. Changes in Client input or direction or excessive changes will be charged at our hourly rate. Any work the Client wishes Graphxe Studio to create, which is not specified in the confirmation order email and proposal will be considered an additional service. Such work shall require a separate order and payment.
19. Graphxe Studio can take no responsibility for services provided by third parties through us or otherwise, including but not limited to the Domain name and Web hosting of Client’s website.
20. If Project is a website then Graphxe Studio shall place a small text link on the footer of a Clients website that simply states the website was designed by Graphxe Studio and links to our company website.
21. Client agrees to indemnify and hold harmless Graphxe Studio against any and all claims, costs, and expenses, including attorney’s fees, due to material included in the Project at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
22. Graphxe Studio do not guarantee any specific placement or ranking on Search Engines, it is the Search Engines and not Graphxe Studio that determine whom they list and the way in which they display these listings.
23. Graphxe Studio are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s project. The Client is solely responsible for any information or files relating to its project.
24. Under no circumstances will Graphxe Studio be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. Client should ensure that data on their website is regularly backed up and that a contingency plan is in place to minimise possible losses as a result of software failure.
25. All rights not expressly granted hereunder are reserved to Graphxe Studio, including but not limited to sketches, comps or other preliminary materials.
26. Graphxe Studio reserve the right to assign other designers or subcontractors to the Project to ensure quality and on-time completion.
27. Client shall reimburse Graphxe Studio for any expenses necessary in completion of the Project, such as Fonts, Messengers, Proofs, Props, Research, Software, Stock Photography. All expenses will be added to the final invoice.
28. Either party may terminate a Project by giving 30 days written notice to the other of such termination. In the event that the Project is postponed or terminated at the request of the Client, Graphxe Studio shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these terms and conditions. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Graphxe Studio and Graphxe Studio shall own all rights to the work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
28. The Client and Graphxe Studio are independent parties and nothing in these terms and conditions shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Graphxe Studio has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
29. By accepting the Project as laid out in the Proposal by the payment of the deposit for the Project the Client is deemed to have read, accept and agree to be bound by all terms and conditions hereunder.
30. The terms and conditions hereunder are governed by the laws of United States of America. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect
Terms and Conditions of this Website
The term Graphxe Studio or “us” or “we” refers to the owner of the website.
The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may create a link to our website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Graphxe Studio where none exists. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without Graphxe Studio prior consent. We reserve the right to withdraw linking permission without notice.