Actinic Shop Terms Of Use

1.DEFINITIONS

The following terms and conditions document is a legal agreement between Peblaco hereafter “Developer” and “Client” for the purposes of using templates as sold on Developer's template shop at http://www.peblaco.co.uk. These Terms and Conditions set forth the provisions under which the Client may use the templates supplied.

2.ACCEPTANCE OF ORDER

When the Client places an order to purchase a template, the order represents an offer to Developer to purchase the template which is accepted by Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until Developer sends an invoice to the Client for payment. The invoice equals acceptance by Developer of Clients offer to purchase a template from Developer and this acceptance of order is a valid contract between Client and Developer regardless of whether Client receives the invoice.

3.LICENSE & COPYRIGHT

These terms of use grant a non-exclusive limited license so that the Client can use the templates on one web site on one domain name only and for Actinic users the Client must have a licensed version of Actinic software belonging to themselves or their client. For Actinic users the Client is not permitted to use these templates for more than one website within Actinic designer or Actinic multi-site software for the express intention of deploying the templates across different web sites. Client may not use the templates for two different web sites hosted on the one domain name. If Client wishes to use these templates on an additional web site on a domain name, Client must purchase an additional package to allow Client an additional license otherwise Client will be violating these terms and conditions.

Developer's template packages do not contain Actinic software. For Actinic users the Client must own a fully licensed version of Actinic software purchased separately to use the templates.

Client must not place Developer's designs, templates or code, modified or unmodified, in full or in part on any diskette, CD, DVD, email, web site, site builder, server or any other medium and offer them for redistribution, lending, rental, resale, free offer, give away or redistribution of any kind without prior written consent from Developer.

Client must let Developer know which domain name Client will use these templates on and Client will be added to a list of authorised sites. This way Developer knows Client is not someone violating these terms of use. Should Client move their site to another domain name in future they must remove the templates from the old domain name and let Developer know the new domain name they wish to use the templates on.

Client must not sub-license, assign or transfer the license on these templates to anyone else without prior written consent from Developer.

Client may retain one copy of the packaged files for their own archive and reference purposes, which must not be redistributed, lent, rented or resold in any manner.

Developer is the sole owner of copyright and all other rights to the designs and templates sold at http://www.peblaco.co.uk/. The templates remain the property of Developer and are licensed to the Client. Client may not claim intellectual or any exclusive ownership of any rights to Developer's templates, modified or unmodified in full or in part. Developer reserves the right to re-develop, change, withdraw and release templates without prior notice. Client agrees that Developer may include development credits and links on the templates Developer offers.

All pages, images, text and code on Developer's web site at http://www.peblaco.co.uk/ is copyrighted material and Client or visitors may not use said pages, code, images or text on Client's or visitors own web site or to create a web site, templates, Actinic templates or any other medium without prior written permission from Developer.

Client agrees that Developer reserves the right to include Client's site in a portfolio of examples of use of Developer's templates.

4.MATERIAL

Developer reserves the right in its sole discretion to refuse to sell templates to a Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at Developers own discretion. Developer reserves the right to refuse to sell templates to those thought or known as competitors of Developer. Client may not purchase templates for use in development of their own product to directly compete with Developer's templates. Developer reserves the right to verify whether the Client has a licensed version of the Actinic software. Developer reserves the right to refuse sale for orders from suspect payment or address details or other reason at Developers own discretion. Developer reserves the right without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.

5.GENERAL INFORMATION

For Actinic users the templates are built for the latest patch release of Actinic 8 / 9 / 10 software at the time of sale. If the user has an older version of Actinic, Developer can convert a design to an earlier version of Actinic for the Client, but may make a charge to cover converting the code.

For Actinic users all templates come with an easy to use instruction guide for the templates to be installed by the Client. Installation of these templates by Developer onto Actinic software is not included in the price and can be quoted for by Developer upon request.

Support covers telephone or email assistance with sending the package to Client and for Actinic users the installation of Actinic templates by the Client and the Client selecting the templates from within Actinic only. Developer does not provide further support with these templates. Should Client require additional assistance they can contact Developer. Developer may quote for any additional support separately.

For Actinic users should there be an occurrence of the import bug with Actinic software which disallows selection of design layouts from the menus, there are instructions in the troubleshooting part of the installation guide and if assistance is requested by the Client the Developer reserves the right to quote for installation of the design which may be subject to an extra charge. Should any extra work be required such as including, but not limited to, an Actinic patch upgrade to import the template files, updating of file paths or other work Developer reserves the right to quote separately for any work needed.

For Actinic users should Client upgrade their Actinic software in future to a different patch or version number of Actinic which affects the functionality of the templates, Developer reserves the right to quote separately for any work needed to upgrade the templates.

Client agrees that templates may not work with all colour scheme combinations just as default Actinic templates work.

Client can add content or images up to 570 pixels wide to the central area. Any wider content may displace the layout, (for Actinic users note that some default Actinic templates are coded for up to around 570 pixels for the central area).

If the width is set to 100% rather than a fixed pixel width this may displace the layout in 800x600 resolution screens because the size is too small, unless the central area widths are reduced (for Actinic users this is usually the shopping cart widths). As such Peblaco recommends a fixed pixel page width.

Client acknowledges that all templates are built using CSS/HTML and does not use HTML tables for the layout, so if Client wishes to edit the templates they will need an understanding of CSS/HTML layout. Alternatively, Developer reserves the right to quote for making changes for Client.

Client is permitted to customise the templates code to meet Client's requirements. Developer does not support any changes Client makes to the templates. Should Client make any coding changes and need assistance, Developer reserves the right to quote separately for any support or work.

All communications between Developer and Client shall be by telephone, email, Skype or postal mail, except where agreed at Developer's discretion.

6.BROWSER COMPATIBILITY & VALIDATION

Developer shall make every effort to ensure templates work with the main browsers Internet Explorer and Mozilla Firefox latest releases at the time the templates are sold. There can be slight differences in layout display between browsers due to different rendering technologies. Client agrees that Developer cannot guarantee correct functionality with all browser software across different operating systems.

Clients agree that after receipt of templates any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their templates. Developer reserves the right to quote for any work involved in changing the templates for them to work with updated browser software, domain name or hosting changes.

Primary templates are built with XHTML as far as possible however, Client agrees that the page will not fully validate since there are Actinic specific tags which do not validate and Actinic by default contains mismatched tags, however this does not affect the overall functionality of the web site.

Developer tests primary templates to ensure the CSS is W3C valid and they comply with minimum requirements of the WAI accessibility guidelines as they are at time of sale. Should Client request Developer alter templates to meet specific W3C / WAI accessibility guidelines or if updated WAI accessibility guidelines were introduced after the templates were sold to the Client, Developer reserves the right to quote separately for any additional work requested.

7.PAYMENT & REFUNDS

All prices are exempt of VAT. Developer requires a payment to be received in full before sending templates to the Client. All invoices must be paid in full within 7 days of the invoice date, except where agreed at Developer's own discretion. All invoices are submitted by email except where required otherwise by regulations or agreed at Developer's discretion. Prices are subject to change without notice.

Developer offers these templates as non-tangible irrevocable goods. Due to the digital nature of these designs and templates, there will be no refunds once Client has been sent the package. If Client purchases something in error and the package has not yet been sent to the Client, Client can contact Developer to apply for a refund or exchange at Developer's discretion. Once the package has been sent to the Client, no refunds are offered. All sales are final. Client should make sure they have read the product description, FAQs and these terms of use so that they understand their purchase before going ahead to avoid any disappointment.

8.LIABILITY AND WARRANTY DISCLAIMER

Developer's templates are provided on an "as is" basis without warranty of any kind, either expressed or implied. Developer does not give warranty of suitability for a particular purpose nor is there any warranty that these templates meet Client's requirements. Once Developer sends the templates to the Client, the Client shall assume entire responsibility in ensuring that all templates are functioning correctly before use.

Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, errors, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these templates or changes to the Client's web site or Actinic software as a result of using these templates, even if Developer has been advised of the possibility of such damages.

As Actinic software is developed by another company it is possible that unforeseen errors or problems could arise in Client's Actinic software or Actinic web site upon importing Developer's Actinic templates. In this instance, in no event shall Developer be held liable for any problems or losses caused by such errors or problems even if Developer has been advised of the possibility of such problems. Developer reserves the right to quote for any additional support which relates to Client's Actinic site.

It is possible that HTML / CSS errors could arise if Client's customisation of their site conflicts with Developer's templates. Developer reserves the right to quote for any additional support which relates to Client's customisations.

Developer cannot guarantee that the display or functionality of the templates will be uninterrupted or HTML / CSS error free. If HTML / CSS errors are found in the templates as sold, Developer can correct errors at Developer's own discretion. During any error corrections if an issue arises which does not allow the design or code to match the original specification, Client agrees that Developer reserves the right to apply a nearest available alternative solution.

Developer endeavours to send templates to the Client by email within 3 business days, however Client agrees that Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to send the package within a given delivery timescale. During busy periods or holidays there may be delays in sending packages. The Client agrees Developer is not liable for absence of service as a result of illness or holiday.

The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

Developer may from time to time recommend to the Client that updates are needed to their templates to comply with, including but not limited to, new legislations, software releases and web standards. Developer reserves the right to quote for any updates as separate work. Client agrees Developer is not liable for any failure to inform or implement these updates to their templates. Client agrees that it shall defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Although Developer builds these templates with search engine optimisation in mind, no guarantees are made that this will improve search engine results. In no event shall Developer be held liable for any changes in search engine rankings as a result of using these templates.

9.INDEMNIFICATION

Client agrees to use all Developer's templates and services at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

Client also agrees to defend, indemnify and hold harmless Developer against any liabilities arising out of injury to person or property caused by any templates or services provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

10.NONDISCLOSURE

Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information regarding Client. Likewise, the Client agrees that it will not convey any confidential information about Developer or their order to another party.

11.PRIVACY POLICY

Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

12.INTERPRETATION

By violating any of these terms Client understands they are committing copyright infringement and are in breach of this contract and can be pursued to the full extent allowable by law. Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

Should Client be in violation of these terms and conditions by selling or redistributing these templates modified or unmodified, in full or in part, Client is liable for payment to Developer for the equivalent cost of license fees for the templates or for all money collected in violation of these terms and conditions whichever total is more. In addition Client is liable for payment to Developer for any court costs, fees or damages.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

Developer reserves the right to alter these Terms and Conditions at any time without prior notice. The latest terms and conditions can be found at Developer's web site at http://www.peblaco.co.uk/templates-shop-terms.html with a date of last update.

By making a payment for templates the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

Updated 4/5/10.