Terms of Service

How are licenses can be used.

Business Card Templates

What is a one time usage license?

When purchasing a business card design, you may request the template allowing you to make changes on your own, for an additional, one-time license fee of $500.

This license entitles you to edit or customize your business card as often as necessary or create additional cards for others within your company.  Under this one-time license you may NOT create cards for an additional brand or project and may not distribute, resell or otherwise reuse the template.

If you do not purchase the template, you may not deconstruct, recreate or otherwise reproduce the card design for ANY additional use.

If you are interested greater flexibility, please contact us to discuss a multiple-use license.

All templates are copyright protected and are not to be used without express written permission by Inbound Designs.

Can I resell the template as is?

No, you can not resell the template as is.

Can I customize the template?

Yes, you can customize the template to any extent needed.

Will you help me to customize my template?

Absolutely! Templates come with minor changes such as text changes and logo swap.

Can I resell the customized template?

No, you can not resell the customized template as a template but you may sell it as a project to your client (see paragraph 1 ONE TIME USAGE LICENSE for more details).
Are there any restrictions for using imagery, cliparts and fonts from the template I purchased?

All imagery, clipart and fonts used in our products are royalty-free and are the integral part of our products. One Time Usage License and Developers License give you the right to use images, clipart and fonts only as a part of the final print of your business card. You can use imagery, clipart and fonts to develop one project only. Any kind of separate usage or distribution is strictly prohibited.

Copyrights and Trademarks

 

  1. Use of photo/graphics programs, web site shopping cart programs, and web site development, Database and programs utilized by INBOUNDDESIGNS in creating the Web Application Project under this Agreement, but not owned by INBOUNDDESIGNS, is limited to the INBOUNDDESIGNS’s use only; the products themselves remain the property of their respective owners. Client acknowledges that INBOUNDDESIGNS owns or holds a license to use various preexisting development tools, routines, subroutines, techniques and other programs, data and materials that INBOUNDDESIGNS may include in the Web Application Project developed under this Agreement. INBOUNDDESIGNS

(a) shall retain all right, title and interest, including all copyright, patent rights and trade secret rights in the Background Technology, and (b) hereby grants to Client, to the extent it is legally able to do so, a nonexclusive, perpetual, worldwide license to use the Background Technology in the Web Application Project developed for and delivered to Client under this

Agreement. Such license is transferable as part of any sale, assignment, or other transfer of the entire Web Application Project being delivered by INBOUNDDESIGNS pursuant to this Agreement.

Client shall not grant to any other person any licenses to use any Background Technology unique to this Web Application Project without INBOUNDDESIGNS’s written consent.

  1. INBOUNDDESIGNS represents and warrants to Client that (i) INBOUNDDESIGNS has full right and every lawful power and authority, without the consent of any other party, to create the Web Application Project and to transfer title to the same to Client and to grant the licenses in the Background Technology as contemplated by this section, and (ii) except to the extent of any

matter for which Client is providing to INBOUNDDESIGNS a representation, Web Application Project does not and shall not infringe the rights of any other party, except for such rights as are covered by licenses granted to Client pursuant to this Section C. INBOUNDDESIGNS shall indemnify, defend, and hold Client free and harmless from and against all claims, costs, damages, and expenses arising from or relating to any breach of the foregoing representation or warranty.

 

Domain Names, Site Hosting, and Search Engines

 

In the event that INBOUNDDESIGNS coordinates domain name registration for Client, upon confirmation of registration of the Domain Name with third party REGISTRAR, INBOUNDDESIGNS will provide REGISTRAR’S confirmation documentation. INBOUNDDESIGNS does not warrant registration of Domain Names. In the event that INBOUNDDESIGNS coordinates and/or recommends web site hosting services, other companies will provide these services. Client understands that INBOUNDDESIGNS does not provide on site hosting services. INBOUNDDESIGNS shall not be liable to Client or any of its customers for any claims or losses or damages of any and every nature, resulting from inability to register domain names, the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, failed servers, nondelivered, or service interruptions whether or not caused by the fault or negligence of INBOUNDDESIGNS.

INBOUNDDESIGNS cannot guarantee the ranking position of any URL submission to Search Engines. Web Browser, Monitor Resolution Default Client understands and agrees that all web site pages will be designed for the largest online viewing audience at default of 1024 x 768 pixel resolution unless otherwise stated. Production will be optimized and quality tested for the following browsers unless otherwise stated: Mac – (Safari, Firefox 2.x, Firefox 3.x), PC (IE 7.x, Firefox 2.x, Fire-fox 3.x). These defaults may be altered in writing and signed by both parties BEFORE web site production has begun. In the event the Client requests modifications after production has begun, INBOUNDDESIGNS will bill at the stated hourly rate.

 

Scope of Service

 

Copyrighting and/or copy-editing are not considered as part of the design process and are billed in addition to the agreed-upon design fees. Client is encouraged to write copy for any and all web site pages and other online promotional pieces. In the event that Client decides to write copy for the Client web site, all text will be provided to INBOUNDDESIGNS in “Microsoft Word” format and spell checked, for incorporation into the HTML coding of the Client web site. All photos/graphics, database and editorial content will be provided on google drive.

 

No Warranty

 

The developer content furnished under this agreement is provided on an “as is” basis, without any warranties or representations expressed, implied, or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.

Nor are there any warranties created by a course of dealing, course of performance, or trade usage.

INBOUNDDESIGNS does not warrant that the operation of the site will be continual, uninterrupted, or error free.

 

Payment of Fees

 

Client agrees to pay total fees as described in the Package Levels above.

 

Late Payment of Fees

 

Payment is due and payable upon presentation of an invoice. Delinquent bills will be assessed a $100 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 3% penalty will be added for each month of delinquency. The grant of any license or right of copyright is conditioned on receipt of full payment. In case collection proves necessary, the Client agrees to pay all fees incurred by INBOUNDDESIGNS in that process. INBOUNDDESIGNS may discontinue or suspend service to Client until payment is made. This Agreement becomes effective only when signed by INBOUNDDESIGNS.

Regardless of the place of signing of this Agreement, Client agrees that for purposes of venue, this contract was entered into in Olympia, Washington and any dispute will be litigated, arbitrated, or mediated in Olympia, Washington.

 

Mediation

 

If any dispute arises under this Agreement and the amount in controversy exceeds $5,000.00, then such dispute shall be submitted to non-binding mediation in Olympia, Washington. Client and INBOUNDDESIGNS will each select a mediator. The two so selected mediators shall select a third mediator, and that third mediator shall hear and determine the controversy and render his or her decision.

If any action or proceeding is commenced to construe this Agreement or to enforce the rights and duties created hereunder, then the party prevailing in that action or proceeding shall be entitled to recover its costs and fees in that action, as well as the costs and fees of appealing and enforcing any judgment entered therein.

 

Termination

 

Either party may cancel this contract. If Client cancels contract, fees paid to date are non-refundable. If either party breaches its obligations under this contract, and such breach is not cured within ten (10) days following the date on which the other party (the “non-breaching party”) delivers to the breaching party written notice specifying the breach, then at the election of the non-breaching party this Agreement shall terminate at the expiration of that 10-day period. Such election shall be made by the non-breaching party’s delivering to the breaching party, within five (5) days after the end of that 10-day period, written notice of termination. Notwithstanding any termination hereunder, (a) Client shall remain liable to pay INBOUNDDESIGNS the costs and fees that have accrued under this Agreement prior to the effective date of termination, and (b) all rights and duties of the parties shall survive the termination of this Agreement.

 

Association Rights

 

Client authorizes INBOUNDDESIGNS to use Client’s name, web site, web site logos and Client testimonials for any and all advertising and promotional purposes in INBOUNDDESIGNS Creative’s brochures, newspapers and magazine advertisements, and on INBOUNDDESIGNS’s web site as part of a design portfolio presentation.

 

 

 

Miscellaneous

 

This Agreement constitutes the entire understanding between the parties. Only an instrument in writing signed by both parties can modify the terms of this agreement. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. It is intended that each paragraph of this Agreement shall be viewed as separate and divisible, and in the event that any paragraph shall be held to be invalid, the remaining paragraphs shall continue to be in full force and effect.

This Agreement shall be binding on, and inure to the benefit of, the parties’ heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of

Washington.

 

You acknowledge you read, understood and agree to the terms and conditions