Introduction and Acceptance of Term of Use
A. “Customer’s Content” means any and all material developed, purchased, or otherwise acquired by Customer that is published, made available or otherwise used in conjunction with Customer’s Web site. Customer’s Content includes, but is not limited to, end user data collected by Customer, and information regarding merchandise or services sold by Customer through its Web site.
B. “Hosting Services” means TALKING DOG DESIGNS shall provide storage for the Software, and content of Customer’s Web site and make it available for end-users to access.
C. “Software” means the TALKING DOG DESIGNS software, third-party partner’s software, previous and current release version, including any updates provided by TALKING DOG DESIGNS or our third-party partner software providers, and TALKING DOG DESIGNS’ proprietary technology and source code.
D. “TALKING DOG DESIGNS’ Content” means any and all material developed by TALKING DOG DESIGNS and made available for use by Customer, including, but not limited to, any designing of Customer’s Web site, and templates prepared by TALKING DOG DESIGNS for use by Customer.
E. “Web site” means Customer’s Internet presence, identified by the domain name provided by Customer.
Limited Rights to Use
This web site is owned and operated by TALKING DOG DESIGNS. Unless otherwise specified, all Materials on this web site are the property of TALKING DOG DESIGNS and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by TALKING DOG DESIGNS on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from TALKING DOG DESIGNS. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Use of Website Templates
Our pre-made templates are available for use on your personal or business website, according to the terms stated here. By purchasing our products or services you are agreeing to these terms.
The license grants you USE of the template on your personal or business website, it does not grant you OWNERSHIP of the template. You are not allowed to use it on a website containing sexually explicit material, promotion of hatred against any group, or any illegal activity and the site must not contain links to any such material. Violation of these terms will result in your loss of license without refund and reporting of your site to your web host and/or legal action taken. You may not resell or redistribute the website templates after purchase.
TALKING DOG DESIGNS retains copyright ownership of all original artwork or parts contained therein, whether preliminary or final, except where noted otherwise. Upon receipt of full payment, the client is granted license to use the final web design and/or provided graphics and files (logo, business cards, etc.) for their business for the website indicated at the time of order. Rights to photos, graphics, source code and software are specifically not transferred to the client, and remain the property of their respective owners. TALKING DOG DESIGNS retains the right to use the completed project for the purpose of marketing materials and portfolio.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to TALKING DOG DESIGNS (“Feedback”) will be deemed, at the time of communication to TALKING DOG DESIGNS, the property of TALKING DOG DESIGNS, and TALKING DOG DESIGNS shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
Access to Password Protected Secure Areas
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
Cancellation and Fees
Fees: In consideration of the TALKING DOG DESIGNS, Customer will pay to TALKING DOG DESIGNS all fees due according to the prices and terms listed on the invoice. All sales are final.
Change in Fees: TALKING DOG DESIGNS may change its fee schedules on sixty (60) days notice by postal mail, electronic mail, or by posting the same on TALKING DOG DESIGNS’ own Web site. Upon such notice, Customer shall have thirty (30) calendar days prior to the effective date of the fee schedule to notify TALKING DOG DESIGNS by certified postal mail should it not agree to such rate increase and that Customer wishes to terminate this Agreement.
Payment: TALKING DOG DESIGNS will automatically bill Customer once a month. Shopping cart, content management and website hosting services must be paid by an automatic PayPal subscription via direct debit from PayPal account, checking, or debit/credit card. Checks are accepted for non-recurring services such as Web site design, etc. If a payment is returned or rejected by TALKING DOG DESIGNS’ bank, or incurs additional costs for TALKING DOG DESIGNS (e.g., bank fees) for any reason, the Customer shall pay a service fee of $25 and reimburse all such fees and costs incurred by TALKING DOG DESIGNS, and Customer shall be immediately deemed to be in default of this Agreement. Accounts not paid in full by the fifteenth day after TALKING DOG DESIGNS submits its invoice may have their service interrupted or terminated, but any interruption does not relieve Customer from the obligation to pay all fees due to TALKING DOG DESIGNS, including the monthly account charge. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is less, until fully paid. If Customer defaults, Customer agrees to pay TALKING DOG DESIGNS its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights.
Refunds: Refunds will not be given after delivery of product, no exceptions. If, after you place your order, you change your mind or you need to put your project on hold for a length of time that can be arrange. Store credit may be issued and any down paymnts you’ve made will not be returned. Website template orders may be refunded if both of the following apply:
- Refund request is received within 2 days of purchase.
- We have not yet started work on your template customizations. It generally takes us about 2 days to begin working on your project after receiving your order though this is not a guarantee and we may begin earlier. If you requested rush processing of your template and we have already completed some work on it, the time spent is NOT refundable, even if it’s within 2 days of purchase.
Logo Design Refunds: TALKING DOG DESIGNS outsources our logo design, enabling us to keep our prices down. Once TALKING DOG DESIGNS receive your payment and design spec., your payment and information is submitted to our partner to begin working within 1 business day. Once this process begins you will not be issued a refund for any reason.
Suspensions: Any site suspended for non-payment will be assessed a $50 reactivation fee. All prior and current fees with late fees must be paid before the site is reactivated.
Terminations: Any site terminated for non-payment will be unable to retrieve previous versions of the site or database. Customer agrees to pay TALKING DOG DESIGNS its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights.
Taxes: All fees charged by TALKING DOG DESIGNS for the Web Site Hosting Services are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Web Site Hosting Services, all of which Customer will be responsible for and will pay in full, except for taxes based on TALKING DOG DESIGNS’ net income. If TALKING DOG DESIGNS is required to pay directly any such taxes, Customer will, upon receipt of TALKING DOG DESIGNS’ invoice, promptly reimburse TALKING DOG DESIGNS for any such taxes paid by TALKING DOG DESIGNS.
Cancellation: Should the customer wish to terminate the service agreement, then they can request so via certified mail to TALKING DOG DESIGNS. The customer shall incur a penalty payable upon cancellation not to exceed the remaining months of service on the agreement times the remaining monthly service times 50%. All other reactivation fees remain in effect should the customer request to renew service after they have cancelled.
Each Party shall have the right to terminate this Agreement upon Fifteen (15) days prior written notice if the other Party is in material breach of any term of this Agreement, including without limitation the payment of monies, and the breaching Party fails to remedy such breach within the fifteen day notice period.
Customer acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Web Site Hosting Services is to allow end users easy access to Customer’s Content. TALKING DOG DESIGNS will take those precautions TALKING DOG DESIGNS deems reasonable in its sole discretion to secure Customer’s Web site from attack, but TALKING DOG DESIGNS makes no warranty that there will be no outages or interruptions of service, or that Customer’s Content will be secure against attack of any form by end users or other third parties.
It is the responsibility of the customer to maintain a certain level of security within your area of business (your office, your computers, etc.). If your website is compromised and it is found that it is due to outdated virus software or unprotected passwords (former employees know your password, your password is found by a bystander, etc.), you will be held liable and you may be subject to additional fees.
Ownership of Content: Customer acknowledges and agrees that (a) unless expressly stated elsewhere, TALKING DOG DESIGNS has no proprietary, financial, or other interest in Customer’s Content; (b) TALKING DOG DESIGNS does not, by virtue of offering or hosting Customer’s Content, edit, distribute, market, sublicense, publish, or otherwise provide Customer’s Content to end users; and (c) Customer is solely responsible for the information, data, graphics, text, quality, performance, and all other aspects of its Content. Customer warrants that it owns or has the right to use and offer the Content in connection with Customer’s Marks in the manner in which such Content is offered and will be offered by Customer during the term of this Agreement.
Protection of Content: Customer acknowledges and agrees that Customer is solely responsible for ensuring the integrity of its Content. Customer is solely responsible for backing-up/archiving Customer’s Content.
Data Lose: Once project has been approved and transferred to Customer, TALKING DOG DESIGNS cannot be held responsible for, or liable for any data lose due to a server malfunction or human error. It is Your responsibility to backup and store your website and files. TALKING DOG DESIGNS keeps all project files up to one year, after which time you may have to pay for a new website design or website template. TALKING DOG DESIGNS may bill Customer to re-install software, website design and/or website template after the project has been transferred to Customer at our normal hourly rate.
Talking Dog Design’s Content
Point of Content
Customer shall designate a single Point of Contact during the sign-up process. Customer’s Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that TALKING DOG DESIGNS may rely on representations made by Customer’s Point of Contact. Customer may change its Point of Contact at any time by giving written notice to TALKING DOG DESIGNS in accordance with the notice provisions of this Agreement. Said written notice must be delivered via Registered Common Courier to the address of TALKING DOG DESIGNS. TALKING DOG DESIGNS is under no obligation to accept instructions from anyone other than the Point of Contact.
Customer shall indemnify and hold harmless TALKING DOG DESIGNS from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Customer’s provision, or an end user’s use, of Customer’s Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.
Limitation of Liability
TALKING DOG DESIGNS ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR END USER’S USE OF THE SOFTWARE OR WEB SITE HOSTING SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF TALKING DOG DESIGNS IS AWARE OF THE POSSIBILITY THEREOF. TALKING DOG DESIGNS SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.