Purchase of a Commercial license does not guarantee that Upthentic Creative, Inc., will host the image, theme, or graphic in the future. The purchaser is responsible for downloading, keeping appropriate backup and web hosting of all purchased images if use is online.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this agreement you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You are hiring us to perform work requested as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
WHAT DO BOTH PARTIES AGREE TO DO?
*You:* You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
*Us:* We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
We will create designs for the look-and-feel, layout and functionality of your web site and/or business brand. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We can also test to ensure Microsoft Internet Explorer 11 for Windows users get an appropriate, but possibly different experience, as Microsoft Internet Explorer 11 for Windows is largely considered an outdated browser. Support for this browser will considered only upon special request.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5/6/7/8/9/10/11 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
iOS: Safari, Google Chrome
Android 4.x: Google Chrome and Firefox
We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our hourly rate for copy writing or content input.
You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our hourly rate.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
Estimates/quotation prices are based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and will charge you at our hourly rate. For quick fixes, updates or additions to existing WordPress websites, Contact Us. Or for larger design projects and new websites, create a new project request here.
Due to frequent browser/software upgrades, we can’t guarantee that the functions contained in any web page template or in a completed web site will always be error-free, so we can’t be liable to you or any third party for damages. These damages include lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the agreed payment schedule.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Rhode Island courts. Oh and don’t forget those men with big dogs.
THE DOTTED LINE
When both parties accept any WordPress Mechanic Work Ticket or Design Request contract, you are hereby agreeing to the above terms and conditions. Accepted design projects will be accompanied by a copy of this agreement and will require a digital signature along with project details, time and price quotes.
Stock Photography and Illustration License
LICENSE AGREEMENT for Royalty Free Stock Photos provided by Upthentic Creative, Inc.
All images made available in the Upthentic Creative, Inc. product pages are royalty free. That means you can use them in almost any designs you like. However, use of these images is subject to the terms and conditions of our License Agreement, and you may not resell any image.
The following is a legal Agreement between you (the “Licensee”) and Upthentic Creative, Inc. Please read this Agreement carefully before downloading or purchasing any images. By using any image, you agree to be bound by this Agreement. THESE TERMS ARE AN ABSOLUTE CONDITION OF YOUR USE OF THE STOCK PHOTOS, PROVIDED BY Upthentic Creative, Inc.
Each Image displayed on www.upthentic.com is copyrighted, proprietary and protected by United States law, international treaty provisions and other applicable laws. All rights not expressly granted are reserved. Your right to use these image(s) is conditioned upon your payment of any applicable fee prior to use and your compliance with the terms of this Agreement.
This agreement applies to any photo made available in the product gallery on the www.upthentic.com website, it does not apply to the site itself, the layout, design elements or scripts.
THIS IS A ONE (1) PERSON LICENSE AGREEMENT ONLY.
You are permitted to use the photo(s). Any additional persons who wish to use the photo(s)must purchase and/or download it from www.upthentic.com.
By this Agreement, www.upthentic.com grants you a non-exclusive, non-transferable right to use the Image(s) solely in:
“Printed Materials,” as part of advertisements; editorial or promotional copy; brochures; reports; newsletters; packaging; and items intended for resale or complimentary distribution that incorporate the Image(s) in their design such as books, clothing, calendars, and CD packaging;
“Online and Broadcast Video Media,” provided however that only low-resolution versions of Images (no greater than 1024 x 768 pixels – 72 dpi) may be displayed on any World Wide Web site or online; and
“Offline Digital Media” in or as part of computer, audiovisual and multimedia use; software; multimedia programs; and CD ROM products; provided however that only low-resolution versions of Images (no greater than 1024 x 768 pixels – 72 dpi) may be displayed on Offline Digital Media.
You may modify, adapt or create derivative works and publish the Image(s) in or on Printed Materials, Online and Broadcast Video Media, and Offline Digital Media, provided all conditions of this Agreement are met. Your use of the Image(s) is not limited by the number of items produced, circulated or sold.
You may only use the Image(s), or include the Image(s) in Printed Materials, Online and Broadcast Video Media or Offline Digital Media that are created for yourself, or for your employer, direct client or customer, who must be the end-user of your work.
This Agreement specifically does not permit you to:
Loan, rent, sell, sub-license, lease, or otherwise transfer the right to use the any Image(s) to any other person or entity, except to the extent that any such Image has been incorporated by you into Printed Materials, Online and Broadcast Video or Offline Digital Media. Images may not be distributed or sold individually – they must be incorporated into these items;
Use or copy any Image (or any portion thereof) in any manner, except as permitted by the express terms of this Agreement;
Use any Image in any form of pornography, or in a defamatory, fraudulent or illegal manner;
Simultaneously use any Image(s) on more than one computer at a time (multiple use), or on a network system without first obtaining written permission;
Distribute any Image on a computer bulletin board or any other form of online or Internet-accessible service except as expressly permitted herein;
Use any Image or any portion thereof as a trademark or service mark, or claim any proprietary rights in any Image, or any portion thereof;
You can terminate this license by destroying the Photo(s), along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Photo(s) for any purpose. If you terminate the license you will not receive a refund. The license also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Photo(s), to cease using the Photo(s) for any purpose, and to confirm to www.upthentic.com in writing that you have complied with these requirements.
LIMITATION OF REMEDIES
Replacement or Refund:
www.upthentic.com, Jeanette Vieira and/or Dennis Vieira’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Photo(s) or accompanying material (if applicable), or out of your actions in downloading the Photo(s), shall be as follows:.
No Money Damages:
UNDER NO CIRCUMSTANCES WHATSOEVER WILL www.upthentic.com nor Jeanette Vieira and/or Dennis Vieira BE LIABLE TO YOU FOR ANY DAMAGES OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PHOTO(S). SOME STATES DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold www.upthentic.com harmless against all claims or liability asserted against Jeanette Vieira, Dennis Vieira or www.upthentic.com arising out of or in connection with any breach of any of the terms of this Agreement. Neither www.upthentic.com nor any of its directors, contributors, employees, suppliers, agents or affiliates shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, any Image.
Governing Law: This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Enforceability: If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.
Taxes and other: You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Photo(s), pursuant to this Agreement.
MODEL / PROPERTY RELEASE
Unless expressly stated all images are supplied without model or property releases, suitable permission should be sought for use of any images featuring recognizable designs, products or trademarks.
Website Care Plans Terms and Conditions
You are engaging Upthentic Creative, Inc., as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes Upthentic Creative, Inc. access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
Upthentic Creative, Inc. does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
PRICING & PAYMENTS
All prices appearing on this site are subject to change without notice. Once a client of Upthentic Creative, Inc., you authorize Upthentic Creative, Inc. to charge the payment method you submitted for all the invoices generated for the services rendered by Upthentic Creative, Inc.. In order to cancel your recurring payment or change payment method, simply contact Upthentic Creative, Inc. prior to your payment’s due date.
CANCELATION & REFUNDS
Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized by Upthentic Creative, Inc..
REFUSAL OF SERVICE
Upthentic Creative, Inc. reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
THIRD PARTY OR CLIENT PAGE MODIFICATION
With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Upthentic Creative, Inc.. If anyone other than Upthentic Creative, Inc. or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at our current posted hourly rate beyond the time allotted in the monthly care plan. There is a one-hour minimum.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
Upthentic Creative, Inc. does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.
To the extent not prohibited by law, in no event will Upthentic Creative, Inc. be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if Upthentic Creative, Inc. has been advised of the possibility of such damages.
Upthentic Creative, Inc. does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Upthentic Creative, Inc. disclaims any liability relating thereto.
This Work Statement Agreement is governed by the laws of Rhode Island without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Upthentic Creative, Inc. or relating in any way to your use of the created webpages or Internet website resides in the courts of Rhode Island.
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Upthentic Creative, Inc. reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Please contact us with any questions regarding the Upthentic Creative, Inc. terms of service by email firstname.lastname@example.org
What Are Cookies
For more general information on cookies see the Wikipedia article on HTTP Cookies…
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
The Cookies We Set
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
Third Party Cookies
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, Instagram, Pinterest, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information then you can contact us through one of our preferred contact methods.
CHANGES TO TERMS OF AND CONDITIONS
upthentic.com may, at its sole discretion, revise or change terms and conditions of providing services (in whole or in part) from time to time, and at any time, without notice.