Terms and Conditions
The website, at http://www.8020graphics.com, is owned and operated wholly by 8020 Graphics with Australian Company Number 42191084089. Within the contents of this website, the terms “we”, “us” or “our” refer to the company, its owners and personnel. By accessing, using and transacting on the website, you are agreeing to be bound by these terms of service (“agreement”); that you are aware and are responsible for compliance with any applicable local, national and international laws and regulations in visiting, using and purchasing something from our website.
If you do not agree with any of the components of our terms of service, you are prohibited from using or accessing this site.
2. Use License
The materials contained in this website are protected by applicable copyright and trademark law, including without limitation Australia Copyright Act 1968 and Copyright Amendment Act 2006. Downloading of materials (information, graphics or software) from the website is allowed for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify, copy or distribute the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any material, software or program contained within the 8020 Graphics website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server or location.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by 8020 Graphics at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any and all downloaded materials in your possession whether in electronic or printed format.
3. Prohibited Use
In addition to other prohibitions as set forth in the this terms of service, you are prohibited from using the site or its content:
- for any unlawful or fraudulent purposes, or for any purpose that breaches local, national and international laws
- to ask or press others to do or be a part of unlawful acts, whether partially or in full
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- to submit false or misleading information
- to transmit or procure the sending of viruses, Trojan Horses, worms, keystroke loggers, spyware, adware, malware or any other type of malicious code and material that will or may be used in any way that will adversely affect the functionality or operation of the service or of any related website, other websites, or the Internet
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl, or scrape
- for any obscene or immoral purpose
- to tamper the security features of the service or any related website, other websites, or the Internet
8020 Graphics reserves the right to terminate your use of our service or any related website for failure to comply with any of the prohibited uses mentioned above. The company may proceed to taking legal action against any violators of this provision and our terms of service in general, and for reimbursements of all costs on an indemnity basis resulting from the breach.
The materials on 8020 Graphics’ website are provided on an ‘as is’ basis. 8020 Graphics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 8020 Graphics makes no assumptions that materials in its website are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside Queensland, Australia are responsible for compliance with all applicable laws.
In no event shall 8020 Graphics or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on 8020 Graphics’ website, even if 8020 Graphics or a 8020 Graphics authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the total liability of 8020 Graphics under this agreement exceed fifty dollars ($50 AUD), regardless of the cause of action, in tort, contract or otherwise.
6. Accuracy of Materials
The materials appearing on 8020 Graphics website could include technical, typographical, or photographic errors. 8020 Graphics does not warrant that any of the materials on its website are accurate, complete or current. 8020 Graphics may make changes to the materials contained on its website at any given time without prior notice. However 8020 Graphics does not make any commitment to update the materials.
8020 Graphics has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 8020 Graphics of the site. Use of any such linked website is at the user’s own risk.
8. Payments, Cancellations and Refunds
You agree to pay the service fees equivalent to the subscription arrangement you have availed during the sign-up and registration process, by which 8020 Graphics is not yet obliged to deliver its service until such payment has been made. You further agree that 8020 Graphics will charge your method of payment the fee equated to the subscription you availed and authorized during registration over the specified frequency or period (monthly or annually) starting from your date of registration. Your access to 8020 Graphics’ services maybe suspended in the event that payment has not been made for the fees involved. You also express and guarantee 8020 Graphics that information regarding payment is accurate, that you have the proper authority to act on such payment method or tool and that you will update the necessary information surrounding payment the soonest, should any changes (e.g. new billing address, expiry) occur.
Cancellation of your subscription with 8020 Graphics may take place any time. Should you decide to cancel, you may only have access to the 8020 Graphics services up until the end of your current billing cycle.
Prices or fees are subject to change by 8020 Graphics and with at least 7 days’ prior notice only to currently subscribed users. The company reserves the right to modify, suspend or discontinue its service, and is not liable to you or any third party for such modification, suspension or discontinuation.
8020 Graphics does not offer refunds for partial subscription plans under any circumstance, including cancellations. In the event of unused time or services you may request to have your current billing period extended.
9. Output Delivery Timeliness and Limitation of Services
Though 8020 Graphics offers unlimited design requests and revisions, you agree to abide by the terms of the queuing system set forth therein in our management of your designs and projects. The timeliness and volume of our output is highly reliant on many factors, like the total running requests at hand and the extent of complexity of some projects as well. We do our best to attend to your requests and needs, but should you have time-sensitive requests may we suggest you upgrade your account.
8020 Graphics however is not meant to replace a full-time graphic designer for your company, and as such design projects like branding, logo design, website development ( any project that involves code), animation or any long-term project are not included in the output being offered. Our unlimited requests and revisions model is made for small and medium business of the non-creative type. As such, 8020 Graphics reserves the right to terminate accounts of or access to the services to users who the company deems are not aligned with 8020 Graphics’ mission, vision, values or business model; have abused the services or the company’s owners, employees, agents and affiliates in any way; or has used the service in violation of any provision of this terms of service. Your right to access and use the website and its services is terminated upon your breach of this terms of service.
10. Output, Native Files and Ownership
All native files belonging to or are related to your design projects, after the completion of such projects, in any service period paid in full will be given to and owned wholly by you. You agree that any material you provide to 8020 Graphics for your designs and projects are approved for usage in the projects involved, and are not in any way owned or trademarked by any other entity. Therefore, defining the legality of such materials given to 8020 Graphics for usage is your responsibility; that such materials will not infringe upon the intellectual property rights of other parties. 8020 Graphics then is not liable for any or all materials you provide.
8020 Graphics’ bevy of designers are talented and skilled in their craft, but we cannot guarantee that all output and materials turned over to your end is 100% free of errors, including just as much your general use of our service. You hereby agree to review all output and materials turned over to you, and to communicate immediately any mistakes that need editing. In the event of mistakes and mishaps in our output, 8020 Graphics will give the highest priority to correcting the errors involved and rush the creation of the corrected output. You also hereby agree to release 8020 Graphics from responsibility or liability for any losses or expenses incurred due to errors or omissions.
11. Accreditation and Promotions
All displays or publications of 8020 Graphics shall bear accreditation in the company and designer’s name in the form, size and location as incorporated by the designer in the project designs and output, or as otherwise directed by 8020 Graphics. 8020 Graphics retains the right to reproduce, publish and display the designs in the company’s and designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the designs in connection with
such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
You agree that you shall indemnify and hold harmless 8020 Graphics and its owners, directors, officers, employees, agents, stockholders, affiliates, and subcontractors from and
against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from (1) any act that constitutes a breach of 8020 Graphics’ terms of service, (2) your use of the website and the services therein in accordance to it, (3) any intellectual property provided for by you infringing a copyright, trademark or patent or (4) your misappropriation of a third party’s trade secrets.
8020 Graphics agrees to classify all information regarding your brand, products and business to be strictly confidential. 8020 Graphics’ officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the user and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer profiles and (2) all confidential technology of the user. In furtherance of the foregoing, 8020 Graphics agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential materials or technology of the user. Communication then will only be between 8020 Graphics and those who have been authorized to act on the user’s account.
In case any provision in this terms of service shall be invalid, illegal or unenforceable in any jurisdiction shall, such provision shall nonetheless be enforceable to the fullest extent permitted by the laws applicable. Such provision’s invalidity, illegality or unenforceability will not affect the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
8020 Graphics may revise these terms of service for its website at any given time without prior notice. You have the responsibility of checking any updates or modifications to these terms of service. By using this website you are agreeing to be bound by the then current version of these terms of service.
16. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.