Webporter - Website Hosting Australia - Web Development BrisbaneYour location: Policies > Template Designs Agreement
Design Template Agreement
When purchasing a design template through Webporter, you must agree to the following terms and conditions as here outlined. Your agreement to these terms will be indicated to us by your purchase and/or use of design template purchased through us.
The following agreement governs your use of Webporter's website creation services, and our providence thereof. In this agreement, "our", "we" and "us" refers to Webporter (ABN 17 791 043 196), and "client", "you", "your", "they", "their" refers to you, the person.
Click a section title below to jump to that section within this document:
- 1. Template License
- 2. Refunds and guarantees
- 3. Fees and payments
- 4. Intellectual property rights
- 5. Third-party services
- 6. Liability and indemnification
- 7. Governing law
- 8. Integration
1. Template License
When purchasing a Design Template through us, you are granted a non-exclusive limited license to use such products in accordance with the terms and conditions under this section (Section 1).
1.1 Limited usage granted
You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template once more in order to make another project with the same design.
1.2 Imagery, clipart and fonts
All imagery, clipart and fonts used in our templates are royalty-free and are the integral part of our products. Limited-usage license gives you the right to use images, clipart and fonts only as a part of the website you build using your template. You can use imagery, clipart and fonts to develop one project only. Any kind of separate usage or distribution is prohibited.
1.3 Modifications
You are authorised to make any necessary modification(s) to our Design Templates to fit your purposes.
1.4 Installations
Design Templates are provided as is. We do not install any applications our Design Templates may be compatible with (for example, osCommerce, Zen Cart, etc.). Installation of these applications is a further service not included in the Design Template price.
1.5 Unauthorised use
You may not place any Design Templates purchased through us, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind.
1.6 Assignability
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from us.
1.7 Ownership
You can not claim intellectual or exclusive ownership to any Design Templates purchased through us. All products are property of independent content providers.
1.8 Warranty
Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall we, or our associates, be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
2. Refunds and guarantees
Webporter attempts to keep all advertised Design Template details as accurate as possible, but can not, and does not, guarantee their accuracy at the time your order is processed with the applicable third-party. This understanding is a fundamental condition to your order, and you agree to not hold Webporter as obligated to any advertised price or information.
Where we are unable to deliver a Design Template, we will cancel your order and refund any money paid. Where your order price differs to the price at the time your order is being processed, you will be given the opportunity to either cover any increased cost, or to cancel your order and have any money paid refunded to you.
Since Design Template products consist of non-tangible irrevocable goods we do not issue refunds after the product has been purchased by us from the applicable third-party, or is delivered to you.
Exceptions may be made to this rule when the product delivered appears to be not as described. The deadline for any refund claim is five days after the delivery date. The refund will only be issued after a waiver of copyright has been signed by you.
Webporter is not responsible for monetary refunds differing in amount to what was paid due to currency conversion rates.
3. Fees and payments
3.1 Payments
Payments for Design Templates are required in advance for the full order price. Webporter does not guarantee the order price, since prices may vary at the time your order is processed with the applicable third-party. (See Section 2 - Refunds and guarantees for more information.)
All amounts advertised on our website are in Australian dollars unless otherwise specified.
3.2 GST/Taxes
At Webporter's request, you agree to pay any and all taxes associated with your purchase of any Webporter product or service. You further agree to cover any expense, whether due to taxes or other fees, that are imposed upon us now or in the future, due to the transaction and/or the delivery of product or service that you purchased through us.
3.3 Dishonoured cheques
Where client makes payment to Webporter for their services by a cheque, client agrees to pay a twenty-five dollar (AU$25) dishonour fee if for any reason such a cheque is dishonoured.
4. Intellectual property rights
Webporter provides templates both by in-house and freelance designers. Designers are contractually prohibited from using materials that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) in their designs. We encourage intellectual property rights owners to contact us if they believe that a designer has infringed their rights.
5. Third-party services
Webporter may use third parties to provide Design Templates and related services. Webporter does not control those third parties or their services, and you agree that our company will not be liable to you in any way for their providence, or your use of such services.
Where third parties are used, they may have their own terms of use and other policies. In the event such terms and policies become known to you, you are bound to and must comply with them. Where such terms or policies conflict with Webporter's agreements or policies, you must comply with this agreement to the full extent of where no conflict exists.
6. Liability and indemnification
The parties agree that in no event shall Webporter be liable to any third party for client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless Webporter from any and all expenses, losses, liabilities, damages or third party claims resulting from services provided to client.
7. Governing law
This Agreement is made under, shall be governed by and construed in accordance with the laws of Queensland and Australia. The state and federal courts of Queensland, Australia, will have exclusive jurisdiction.
8. Integration
This agreement (including any references to other policies) represents the entire agreement between Webporter and you and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. If any part of this agreement is found to be invalid or of no force or effect, then this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on our Website (located at http://www.webporter.com/), and you should review this Agreement prior any time you decide to order or use our Design Template products and related services.
