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Please Take the time to carefully read our Custom Design Contract before before considering enlisting our design services.
View the agreement below, or alternatively download the .pdf file.
 Download "SDDepot_Custom_Design_Contract.pdf"
4.80 mb
SDDEPOT Custom Design Service Contract
IMPORTANT: You ("The Customer") on behalf of a commercial entity and/or person(s) are agreeing to the terms set in this contract set out by the entity SDDEPOT("Robert J. Ellis, 95 Alice St. Apartment B, Guelph, ON, Canada, N1E 2Z7"). If you represent a commercial entity and/or person(s) and by agreeing to this contract - you confirm that you can legally represent yourself and/or a commercial entity and/or person(s) to whom and/or which entity the legally binding agreement ("SDDEPOT Custom Design Service Contract") concerns and can confirm on request at your and/or the commercial entity's
and/or person(s) behalf that You, The Customer accept this agreement in full and are therefore bound by the terms set herein throughout this document.
1. Agreement to Terms
Acceptance of this agreement is defined by one or both actions in part, or in whole; Listed below.
(i) You ("The Customer") have filled out SDDEPOT's automated Custom Design form found at the internet(www) address
"http://www.sddepot.com/custom_form/ " or have provided the following information in part or in whole:
(a) your name
(b) residential/commercial address
(c) residential/commercial telephone number
(d) your email address
Note: Though SDDEPOT takes fraud very seriously, should any of the information listed through the automated Custom Design request form, and
ultimately listed in the confirmation email (added to SDDEPOT's Professional Portfolio) delivered to both parties or email corresepondence
sent to SDDEPOT on your behalf found to be inaccurate and/or fraudelant, SDDEPOT takes no responsibility to confirm information
provided by "The Customer" and, if at a later date any information provided is contested, it is at the sole responsibility of "The Customer"
to email SDDEPOT (http://www.sddepot.com/contact/ ) with the relevant, correct and/or updated
information. You ("The Customer"), hereby agdknowledge and accept that SDDEPOT waives liability for any incorrect or
fraudelent information provided through the following communication mediums:
- SDDEPOT Forums Private Messaging Service ( http://www.sddepot.com/community/ )
- Email correspondence provided by You ("The Customer")
to SDDEPOT.
- Paypal payment and/or details provided therein.
(ii) Through email, or via the private messaging system at "http://www.sddepot.com/community/ " You ("The Customer") have agdknowledged and agreed to the
terms set by this agreement.
2. Definition of Terms
For clarification, and logistical purposes - please note the definitions of terms provided below, all correspondence provided, or received by SDDEPOT
will base the meanings of the terms 2(i) to 2(xii) as defined within this paragraph (2: Definition of Terms). Should You ("The Customer"),
have a different definition for these terms in conflict with this Agreement, it is reccomended that You NOT agree to the
terms of the "SDDEPOT Custom Design Service Contract". If at a later time, these terms and their meanings are disputed, You "The Customer"
and/or the commercial entities and/or person(s) you represent will be breaching the terms of this agreement; At which time You "The Customer"
will be subject to the policies 7 and 8(ii) defined in the "SDDEPOT Custom Design Service Contract".
(i) "Cms" / "CMS"
A "Cms" makes a "Website" using "Software".
(ii) "Custom Design" / "CUSTOM DESIGN"
"Software" provided by "SDDEPOT" to change the look of a "Website" using the "Subdreamer" "CMS".
(iii) "Custom Skin" / "CUSTOM SKIN"
See "Custom Design" / "CUSTOM DESIGN"
(iv) "Design Mockup" / "DESIGN MOCKUP"
An "Image" representing the eventual look of the "Custom Design" presented to "The Customer".
(v) "Image" / "IMAGE"
A picture or graphics file that can be inserted on a web page and displayed in a browser.
reference: dept.seattlecolleges.com/ssccwrite/pickups/gloss~1.htm
(vi) "SDDepot" / "SDDEPOT"
A company run by Robert James Ellis of Guelph, Ontario, Canada making products for the "*Subdreamer" "CMS".
(vii) "Site" / "SITE"
see "Website" / "WEBSITE"
(viii) "Skin" / "SKIN"
A collection of "Software" to create a unique look of the "Subdreamer" "CMS".
(ix) "Software" / "SOFTWARE"
A collection of text, files, and perhaps "Images" specifically designed to run on a "Website" contained within an installation
package ( .zip/.rar file ) or folder to be uploaded to, and run on the "Website".
(x) "*Subdreamer" / "*SUBDREAMER"
A brand of "CMS".
(xi) "The Customer" / "THE CUSTOMER"
You, representing yourself, or a person(s) and/or commercial entity wanting to and/or utilising "SDDEPOT" services.
(xii) "Website" / "WEBSITE"
A group of World Wide Web pages usually containing hyperlinks to each other and made available online by an individual,
company, educational institution, government, or organization.
reference: http://www.merriam-webster.com/dictionary/website
3. Ownership of "Custom Design"
(i) SDDEPOT maintains Intellectual Property rights to the Custom Design.
(ii) Should The Customer wish to transfer their Custom Design to another individual or commercial entity; The Customer must first contact
SDDEPOT to provide contact details to the new legal owner of the Custom Skin BEFORE which time the transfer occurs to ensure that the terms
and policies of the "SDDEPOT Custom Design Service Contract" are observed. A $20.00 USD transfer fee is required by the original owner
to cover logistical fees.
(iii) For redistribution rights of the Custom Design commercially, this is available at an increased fee for the custom design - and could be added
to the license at a later date under the terms of the "SDDEPOT Custom Design Service Contract" at a fee. For more information,
use our contact page at http://www.sddepot.com/contact/
4. Restrictions of/on Use and Transfer
(i) You ("The Customer") are allowed to use the Custom Design on more than one Website; providing that The Customer is the owner of
the Website in question.
(ii) You ("The Customer"), may not redistribute the Custom Design without observing the policies explained in Section 3(ii) of the
"SDDEPOT Custom Design Service Contract".
(iii) For resale rights see Section 3(iii) of the "SDDEPOT Custom Design Service Contract".
5. Support and Maintenance
(i) SDDEPOT provides the Software as is, with no express warranties implied. See section 6(i) of the "SDDEPOT Custom Design Service Contract"
for more details.
6. Limited Warranties and Remedies
(i) Within a period of three months after the completion of sale, should an error arise with a Custom Design provided by SDDEPOT arise,
SDDEPOT will examine the error, if the Custom Design is at fault, SDDEPOT will attempt to resolve the issue in a timely manner free of charge.
Should the error be at the fault of The Customer, while observing the policies and statutes of the "SDDEPOT Custom Design Service Contract"
modifications of the Custom Skin can be implemented at a fee decided on by SDDEPOT.
7. Limitation of Liability
SUBJECT TO ANY STATUATORY WARRANTIES WHICH CANNOT BE EXCLUDED, SDDEPOT WILL NOT BE LIABLE FOR ANY DIRECT
OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR
OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF SDDEPOT IS INFORMED OF THEIR POSSIBILITY. IN NO CASE SHALL
SDDEPOT’S LIABILITY EXCEED THE SUM ACTUALLY PAID BY "THE CUSTOMER"TO SDDEPOT .
8. Terms
(i) This License is effective as of the time The Customer agrees to employ SDDEPOT for the creation of a Custom Design based on the terms
set in this agreement, and shall continue in effect until The Customer ceases all use of
the Custom Design and returns or destroys all copies thereof, or until automatically terminated upon failure of The Customer to comply with any
of the terms set by the "SDDEPOT Custom Design Service Contract". Upon termination or breach of contract terms, The Customer agrees
to cease using the Custom Design.
(ii) Upon acceptance of the Design Mockup by The Customer, the decided upon monetary payment amount is required ( US Dollars ).
All transactions shall be processed by PAYPAL (http://www.paypal.com/ ) after which time, SDDEPOT will code and design the Custom Design
within the decided completion deadline.
(iii) If SDDepot cannot complete the Custom Design within the completion deadline decided upon - SDDEPOT will contact You ("The Customer")
with reason(s) for the breach of deadline. If SDDepot feels that the completion timeframe ( or extended timeframe ) is unattainable during
unforeseeable circumstances - You (" The Customer") will recieve a refund in full.
(iv) SDDEPOT reserves the right to terminate "The Customer"(s) right to use the "custom design" if you breach any of the
non-monetary terms of this license.
9. Miscallaneous
(i) This Agreement is governed and construed in accordance with the laws of the Federal Government of Canada, excluding that body of law
pertaining to choice of law. If any provision of this Agreement is found invalid or unenforceable, it will be enforced to the maximum extent
permissible, and the legality and enforceability of the other provisions of this agreement will not be affected.
(ii) SDDEPOT reserves the right to make changes to this agreement without prior notice or consent.
(iii) If you have any questions concerning this Agreement, please contact SDDEPOT. A convenient contact form is located
at http://www.sddepot.com/contact/ .
* The Subdreamer Name, and commercial entities are the sole property of Subdreamer, LLC - SDDEPOT implies no ownership or rights to the
Subdreamer Name, Product or commercial entity.
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