Terms & Conditions
Agreement between Box Brownie® and business or individual. The client/individual is subject to the following terms and conditions.
General Working Agreement
This document defines the terms and conditions of our working relationship. All services that Box Brownie® (hereafter referred to as “Box Brownie” or “we” or “us”) may be contracted to produce or provide for you (hereafter referred to as “you” or “the client”) will be subject to the following:
We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You are hiring us either for the creation or manipulation of images, floor-plans, text (hereafter referred to as “content”) for an agreed price as outlined in our fees and charges. What Do Both Parties Agree To Do?
If we are designing content for you we’ll create designs as best we can based on the information you can provide for us at the commencement of the project. If you’re not happy with the designs at any stage, you may either request a re-work of the project which can be granted at our discretion. You agree to provide as much information at the commencement that is necessary to complete the project to your specification.
Getting Down To The Nitty Gritty
Design or Content Creation
If we are creating/designing content for you we’ll do our best to work to the look-and-feel, layout and functionality that you describe to us at the commencement of the project or as is relevant to the category (garment sales, real estate etc…). You agree that changes you wish to make arising out of information or detail that has not been provided by you, at the commencement of the project are “un-foreseeable” and can incur extra charges in order to complete a project to your new or altered specifications.
We will modify supplied content, to suit the category chosen by you, or in accordance with the requests you have made at the commencement of a project. If your requests fall outside what we say that we will deliver, you may incur extra charges in order to complete those requests. If we cannot complete a project for you due to an un-foreseen event or complication, we agree to refund any monies you have already given to Box Brownie within a reasonable time frame.
We can’t guarantee that the content we return to you will not be viewed as misleading or false from another person(s) or company(s) perspective and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the provision of our service.
You also agree that we do not have knowledge of how the output data, text, or otherwise, is going to be used and we cannot be held liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of how you have chosen to use the output data.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.Phew!
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.
When you pay for a project, copyright is automatically assigned as follows:
- You own the content we return to you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
- You also own text content, photographs and other data you provided, unless someone else owns them.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to work completed as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.
But Where’s All The Fine Print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. We will update this agreement when we believe it to be necessary. You will always be able to obtain a copy of this agreement by visiting www.boxbrownie.com/terms
Importantly, although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Queensland, Australia. By starting a project with Box Brownie, the client accepts these Terms and Conditions.