Terms & Conditions
AGREEING TO TERMS AND CONDITIONS
By signing up as a consumer of Graphiker On-Demand or as a user of the graphikerondemand.com internet site, you agree to be legally bound by these terms and conditions. Please examine those terms and conditions carefully. Graphiker On-Demand might also exchange these terms at any time by updating this webpage. You should visit this webpage periodically to check the conditions, as they are binding to you. If you do not trust ALL of these terms, then you are expressly prohibited from using the website and should cease usage of such at once.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the website is our proprietary asset and all supply codes, databases, functionality, software, internet site designs, audio, video, textual content, photographs, and pictures on the website (collectively, the “content”) and the trademarks, carrier marks, and logos contained therein (the “marks”) are owned or controlled by us or certified to us, and are blanketed by copyright and trademark legal guidelines and numerous other intellectual asset rights and unfair opposition laws of Australia, foreign jurisdictions, and international conventions. No materials can be copied, disbursed, republished, downloaded, reproduced, shared, posted, or transmitted in any form until completely accepted by way of an approved Graphiker On-Demand consultant.
Graphiker On-Demand might also provide permission to your business enterprise to use materials on this website at its discretion. Materials that are permitted for use won’t be modified in any way, be used for business purposes, be decompiled or reverse engineered, stripped of copyright/proprietary notations, or transferred to any other individual to “replicate” or “duplicate” on any other server.
PRICE
Our prices are either mentioned on our website or in an individual quote. Quotes are valid for up to 30 days. We hold the right to increase our prices at any time. This will generally happen as of the 1st of January of each year but could also happen at any time throughout the year.
REFUND POLICY REQUIREMENTS – Graphic Design Subscription Service
It is our goal to provide a great service for our customers and ensure that you have an awesome experience with Graphiker On-Demand. The reason for our 14-day return policy is to ensure that prospective customers have the chance to check out Graphiker On-Demand at no-risk. These are the necessities for first-rate refund coverage.
To qualify for our Design Service refund policy:
1. Need to accept a call from our Project Manager to help walk you through the Graphiker On-Demand service and our design management platform Redbooth to show you all the features and the processes that we require you to follow.
2. Have to create at least one design task.
3. Must deliver feedback and allow our designers a minimum of two attempts to get it right.
Eligibility for our Design Service refund is nulled if…
1. You APPROVE any design task.
2. You request or download source documents.
We have these guidelines in place both to defend the integrity of our carrier and guard against abuse. If you have any questions, please feel free to e-mail us at hello@graphikerondemand.com
Consumer representation
Through the usage of the webpage, you constitute and warrant that:
1. All registration information you supply will be genuine, accurate, current, and complete.
2. You may keep the accuracy of such records and immediately update such registration records, as is vital.
3. You have got the legitimate capacity and you agree to comply with these Terms of Use.
4. You are not a minor within your jurisdiction.
5. You will not gain entry to the site via computerised or non-human ways, whether through a bot, script or in any other form.
6. You may not use the website for any unlawful or unauthorised purposes.
7. Your use of the website will not violate any relevant laws or policies.
If you offer any records that are untrue, misleading, no longer current, or incomplete, we have the right to suspend or terminate your account and refuse any and all present and future use of the website (or any element thereof).
CONSUMER REGISTRATION
You will be required to sign up with the website. You agree to keep your password exclusive and might be chargeable for all uses of your account and password. We reserve the right to remove, reclaim, or change a username that you chose if we determine, in our sole discretion, that such username is inappropriate, obscene, or in any other way objectionable.
DISCLAIMER
The website is furnished ON AN AS-IS AND AS-available basis. You agree THAT YOUR USE OF THE website AND OUR carrier will be AT YOUR SOLE discretion. TO THE FULLEST extent permitted by means of regulation, WE DISCLAIM ALL WARRANTIES, express OR IMPLIED, IN connection with THE website AND YOUR USE THEREOF, inclusive of, without drawback, THE IMPLIED WARRANTIES OF MERCHANTABILITY, fitness FOR a selected reason, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS about THE ACCURACY OR COMPLETENESS OF THE webpage’s content material OR THE content OF ANY websites linked TO THE site, AND we are unable to assume any liability OR obligation FOR ANY:
1. Errors, mistakes, OR INACCURACIES OF content materials.
2. Personal harm OR damage to belongings, OF ANY NATURE whatsoever, because of YOUR right to enter AND USE THE webpage.
3. ANY UNAUTHORISED entry to OR USE OF OUR SERVERS AND/OR ANY AND ALL private information AND/OR financial information saved THEREIN.
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE webpage.
5. ANY bugs, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH may be TRANSMITTED TO OR through THE website, through ANY third party.
6. ANY errors OR OMISSIONS IN ANY content or material, OR FOR ANY LOSS OR damage OF ANY kind INCURRED due to the use of ANY content published, TRANSMITTED, OR otherwise MADE available through THE website.
WE DO not WARRANT, propose, assure, OR expect duty FOR ANY services or products advertised OR presented by a third party through THE website, ANY HYPERLINKED website, OR ANY internet site OR mobile application FEATURED IN ANY BANNER OR other marketing.
LIMITATIONS
Under NO circumstances WILL Graphiker On-Demand, ANY OF OUR directors, personnel, OR marketers BE liable to YOU OR ANY third party FOR ANY DIRECT, indirect, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, unique, OR PUNITIVE DAMAGES, consisting of lost earnings, misplaced revenue, lack of facts, OR different DAMAGES cropping up from your USE OF THE website, design management platform and/or our services, even if we have been advised the possibility OF SUCH DAMAGES. Notwithstanding something TO THE contrary, CONTAINED HEREIN, OUR liability TO YOU FOR ANY reason by any means AND regardless of THE form of the action, WILL at all times BE restricted TO $50.
DISPUTE RESOLUTION
Any legal action or something of that nature introduced by means of both you or us (together, the “parties,” and personally, a “party”) shall be started or prosecuted inside the state and federal courts located in Australia, NSW, and the parties hereby consent to, and waive all defences of lack of personal jurisdiction and discussion and forum non conveniences with recognition to venue and jurisdiction in such state and federal courts. Application of the United Nations convention on Contracts for International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. Under no circumstances shall any claim, action, or intended addition via either party associated in any way to the site begin more than 6 months after the cause of action arose.
CORRECTIONS
There can be data on the website that carries typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and various different statistics. We reserve the right to correct any mistakes, inaccuracies, or omissions and to exchange or update the data on the site at any time, without prior notice.
YOUR UPLOADED CONTENT
Any textual content, documents, PDFs, pictures, videos, and files that you add to our server or submit through e-mail are considered “Your content.” All materials and content submitted to us while creating your design request or projects continue to be your property. You are held 100% accountable for all content submitted and their use in the finished design. We do not provide any copyrights, emblems, or license research while using your content. We shall use what you offer as-is and you’re held accountable for the posted work that Graphiker On-Demand submits back to you.
Obligation for your Content: You are totally accountable for your content. You represent that you have all necessary rights for your content and that you’re not infringing or violating any third party’s rights by way of posting it.
Permission to Use your Content/Material: By posting your content through our project management platform or submitting it by e-mail, you give Graphiker On-Demand license to apply it. Graphiker On-Demand will in no way declare possession of your content, but we reserve the right to use published or unpublished work on our website and in advertising materials. You may nonetheless own the rights to your content material and any licenses that are your own stay yours. You virtually provide us permission to use.
Rights you Grant Graphiker On-Demand: By posting your content, you provide Graphiker On-Demand with a non-distinct, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, adjust, reproduce, distribute, store, and prepare spinoff works of your content to provide the services and to sell by Graphiker On-Demand.
Reporting Unauthorised Content/Material: If content or material that you own or have rights to has been posted to the service without your permission and you want it deleted, contact us via e-mail. If your content infringes upon another’s intellectual property, we are able to get rid of it if we acquire the proper authorisation.
Inappropriate, False, or Deceptive Content: You agree that you may not publish any content/material that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our terms. You furthermore agree not to put up any content/material that is false or misleading or uses the offerings in a way that is fraudulent or misleading.
FEES AND REFUNDS
You agree to pay the monthly fees for the duration of registration in full each month, prior to any offerings being rendered with the aid of Graphiker On-Demand under this agreement. You further agree to authorise Graphiker On-Demand to mechanically charge your payment method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, yearly). Your account and access to offerings and documents may be suspended in the occasion of a decline of relevant charges. You constitute and promise Graphiker On-Demand that such billing information is accurate, updated, and you’re approved to pay the fee.
You can cancel our services any time, by contacting hello@graphikerondemand.com. Email requests to cancel must be sent and delivered a minimum of 24 hours prior to your subscription renewing. Refunds will NOT be given after your subscription renews. After cancellation, we can maintain your logins and keep your account active so that you can gain access to all previously submitted documents until the end of your current billing cycle. Graphiker On-Demand reserves the right to change our pricing and services at any time without prior notification.
You may qualify for a full refund within 14 days, If you have not received the desired outcome from our service.
OWNERSHIP, COPYRIGHT, TRADEMARK, AND Supplied Documents
All designs and unique source files created at the same time as you’re enrolled with us are yours to maintain and keep. You should provide our designers with sufficient content and commands to complete the design tasks. All files submitted to Graphiker On-Demand must be owned by you and not be stolen from any other entity. You are 100% answerable for all materials submitted to us to create designs for you. Even with finished designs that we submit to you, we aren’t answerable for any infringement on intellectual property rights.
You agree to indemnify and protect Graphiker On-Demand and its associates, officials, members, managers, sellers, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and charges, which include, without issue, its affordable legal professionals’ costs, arising out of or relating to (i) your breach of any of the terms of this agreement, (ii) your use of the services furnished pursuant to the website, and (iii) infringement of third party’s intellectual asset rights or other proprietary rights.
RELEASING FINISHED WORK
We hold ourselves to a high standard of delivery and would never deliberately post late documents with errors to you. However, in the unprecedented event that you do get a hold of a file with mistakes, please notify us directly and we will do our best to quickly make revisions and re-publish it to you. Graphiker On-Demand is not answerable for any lack of business or loss of revenue incurred from errors in our design documents. Please make sure you take a look at the layout before ordering prints or finalising for advertising.
CONFIDENTIALITY
All verbal exchanges between you and any Graphiker On-Demand consultant are confidential. We cannot expose your private records or venture facts to unauthorised customers.
DELIVERY OUTPUT
You can submit as many design requests as you wish and all requests can be saved on our design management platform and prioritised thereafter. Our team will work on one active task at a time for you under the “Business Package” and two active tasks at a time for you under the “Agency Package”, inclusive of revisions. In order for us to move onto the subsequent design task, your current design task must be absolutely finished and accepted before we are able to move on to the next task. You may also Pause or Cancel a task if you do not wish for that task to be completed. Pausing or cancelling a task will immediately prevent its production and allow our group to move on to the following task in the queue.
CONTACTING OUR DESIGNERS INDEPENDENTLY
By agreeing to these terms and conditions, you also agree that under no circumstances you or a member of your company are to contact our designers independently of Graphiker and our design management platform. By breaching these terms, Graphiker has the right to terminate your agreement and refuse any further delivery of files, including current and past source files.
WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. Supervise the website violations of these Terms of Use.
2. Take appropriate legal action against anybody who, in our sole discretion, violates the laws of these Terms of Use, which includes without limitation, reporting such person to law enforcement authorities.
3. In our sole discretion and without limitation, refuse, restrict admission, constrain the supply of, or disable (to the extent that is technologically possible) any of your contributions or any components thereof.
4. In our sole discretion and without limitation, note, or legal responsibility, to delete from the site or, in any other form, disable all files and content that can be immoderate in length or is in any way burdensome to our systems.
5. Otherwise manipulate the website in a way designed to defend our rights and property, and to facilitate the proper functioning of the site.
THIRD-PARTY WEBSITES AND CONTENT MATERIAL
Graphiker On-Demand has not reviewed or authorised all websites connected to its webpage. Graphiker On-Demand is not responsible for any content from these linked websites. Third-party links do not suggest an endorsement by Graphiker On-Demand. Please use your best judgement and restraint while using such links.