TERMS & CONDITIONS

ALL DESIGNED MATERIALS, INCLUDING BUT NOT LIMITED TO WORDS, PICTURES, IDEAS, VISUALS AND ILLUSTRATIONS, ARE SUBJECT TO COPYRIGHT OWNED BY ETCHED, UNLESS OTHERWISE SET FORTH IN WRITING.

PROJECT ACCEPTANCE

CUSTOMER’S SIGNATURE OF PROPOSAL PREPARED BY ETCHED CONSTITUTES ACCEPTANCE OF THE TERMS BY BOTH PARTIES.  THE TERMS OF THE PROPOSAL, INCLUDING BUT NOT LIMITED TO FEES, PAYMENT TERMS, AND PROJECT DELIVERABLES, MAY ONLY BE AMENDED IN WRITING.

COPYRIGHTS AND TRADEMARKS

BY SUPPLYING TEXT, IMAGES AND OTHER DATA TO ETCHED FOR INCLUSION IN THE CUSTOMER’S WEBSITE OR OTHER USE BY THE CUSTOMER, THE CUSTOMER REPRESENTS AND WARRANTS THAT IT HOLDS THE APPROPRIATE COPYRIGHT AND/OR TRADEMARK PERMISSIONS.  THE OWNERSHIP OF SUCH MATERIALS WILL REMAIN WITH THE CUSTOMER, OR RIGHTFUL COPYRIGHT OR TRADEMARK OWNER. BY SUPPLYING TEXT, IMAGES OR ANY OTHER DATA TO ETCHED, THE CUSTOMER GRANTS ETCHED PERMISSION TO USE SUCH MATERIAL FREELY IN THE PURSUIT OF THE DESIGN.

ANY ARTWORK, IMAGES, OR TEXT SUPPLIED AND/OR DESIGNED BY ETCHED ON BEHALF OF THE CUSTOMER WILL REMAIN THE PROPERTY OF ETCHED AND/OR ITS SUPPLIERS UNLESS OTHERWISE AGREED IN WRITING. A LICENSE FOR USE OF THE COPYRIGHT MATERIAL IS GRANTED TO THE CUSTOMER SOLELY FOR THE PROJECT DEFINED IN THE SCOPE OR REQUEST AND NOT FOR ANY OTHER PURPOSE.

THE CUSTOMER MAY REQUEST IN WRITING FROM ETCHED PERMISSION TO USE MATERIALS OWNED BY ETCHED IN FORMS OTHER THAN FOR WHICH IT WAS ORIGINALLY SUPPLIED.  ETCHED HAS COMPLETE DISCRETION IN DETERMINING WHETHER OR NOT TO GRANT SUCH PERMISSION AND MAY CHARGE FOR THE ADDITIONAL USAGE. SUCH PERMISSION MUST BE OBTAINED IN WRITING BEFORE ANY OF THE AFORESAID ARTWORK, IMAGES, TEXT, OR OTHER DATA IS USED.

ANY SOFTWARE, CODE, PLUGIN OR OTHER THIRD-PARTY MATERIAL USED IN A WEB OR DIGITAL PROJECT REMAINS THE PROPERTY OF THE CREATOR AND ANY ONGOING LICENSE FEES OR FEES FOR UPGRADES ARE SOLELY THE RESPONSIBILITY OF THE CUSTOMER AND ARE NOT THE RESPONSIBILITY OF ETCHED.  

THE CUSTOMER AGREES TO FULLY INDEMNIFY AND HOLD ETCHED HARMLESS FROM ANY AND ALL CLAIMS RELATING TO INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO COPYRIGHT AND TRADEMARK. 

LICENSING

ANY DESIGN, TEXT, DRAWING, IDEA OR CODE CREATED FOR THE CUSTOMER BY ETCHED IS LICENSED FOR USE BY THE CUSTOMER ON A ONE-TIME ONLY BASIS AND MAY NOT BE MODIFIED, RE-USED, OR RE-DISTRIBUTED IN ANY WAY OR FORM WITHOUT THE EXPRESS WRITTEN CONSENT OF ETCHED.

ALL DESIGN WORK – WHERE THERE IS A RISK THAT ANOTHER PARTY MAKE A CLAIM, SHOULD BE REGISTERED BY THE CLIENT WITH THE APPROPRIATE AUTHORITIES PRIOR TO PUBLISHING OR FIRST USE OR SEARCHES AND LEGAL ADVICE SOUGHT AS TO ITS USE.

ETCHED DOES NOT PROVIDE LEGAL ADVICE.  IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER TO ENSURE THAT USE OF ANY DESIGN WORK BY ETCHED DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO COPYRIGHT AND TRADEMARK, OF A THIRD-PARTY.  CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS ETCHED FROM ANY AND ALL SUCH CLAIMS.

ETCHED IS NOT RESPONSIBLE FOR ANY LOSS, OR CONSEQUENTIAL LOSS, NON-DELIVERY OF PRODUCTS OR SERVICES, OF WHATEVER CAUSE. THE CUSTOMER AGREES NOT TO HOLD ETCHED RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE.

ANY CLAIM AGAINST ETCHED SHALL BE LIMITED TO THE RELEVANT FEE(S) PAID BY THE CUSTOMER.

RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION

THE CUSTOMER AGREES TO ALLOW ETCHED ALL NECESSARY ACCESS TO COMPUTER SYSTEMS AND OTHER LOCATIONS, AS REQUIRED, IN ORDER TO COMPLETE A WEBSITE PROJECT AND UNTIL ALL DUE FUNDS ARE CLEARED, INCLUDING THE NECESSARY READ/WRITE PERMISSIONS, USERNAMES AND PASSWORDS.

THE CUSTOMER ALSO AGREES TO ALLOW ETCHED ACCESS TO ANY COMPUTER SYSTEMS, USERNAMES AND PASSWORDS REQUIRED TO REMOVE DATA AND/OR SITES FOR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS.

THE CUSTOMER AGREES TO SUPPLY ETCHED WITH ALL NECESSARY MATERIALS, ELECTRONIC, OR OTHERWISE, REQUIRED TO CREATE AND COMPLETE THE PROJECT, AND TO SUPPLY THEM IN A TIMELY MANNER.

RIGHTS OF REFUSAL

ETCHED WILL NOT INCLUDE IN ITS DESIGNS, ANY TEXT, IMAGES OR OTHER DATA WHICH IT DEEMS TO BE IMMORAL, OFFENSIVE, OBSCENE OR ILLEGAL. ALL ADVERTISING MATERIAL MUST CONFORM TO ALL STANDARDS LAID DOWN BY ALL RELEVANT ADVERTISING STANDARDS AUTHORITIES. ETCHED ALSO RESERVES THE RIGHT TO REFUSE TO INCLUDE SUBMITTED MATERIAL WITHOUT GIVING REASON. IN THE SITUATION WHERE ANY IMAGES AND/OR DATA THAT ETCHED INCLUDES IN GOOD FAITH, AND SUBSEQUENTLY DISCOVERS TO BE INCONSISTENT WITH THESE TERMS AND CONDITIONS, THE CUSTOMER SHALL PERMIT ETCHED TO REMOVE THE IMAGES AND/OR DATA WITHOUT HINDRANCE, OR PENALTY. ETCHED IS TO BE HELD IN NO WAY RESPONSIBLE FOR ANY SUCH DATA BEING INCLUDED.

DISCLAIMER

ETCHED MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, FOR ANY AND ALL PRODUCTS AND/OR SERVICES THAT IT SUPPLIES. ETCHED WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES RESULTING FROM PRODUCTS AND/OR SERVICES IT SUPPLIES. ETCHED IS NOT RESPONSIBLE FOR ANY LOSS, OR CONSEQUENTIAL LOSS OF DATA, OR NON-DELIVERY OF PRODUCTS OR SERVICES, OF WHATEVER CAUSE.  WHILE WE TAKE REASONABLE STEPS TO INVESTIGATE THE MATERIALS WE RECOMMEND, WE ACCEPT NO RESPONSIBILITY FOR THE PERFORMANCE OR QUALITY OF MATERIALS OR ANY CONSEQUENTIAL LOSS ARISING FROM THEIR FAILURE. THE CUSTOMER AGREES NOT TO HOLD ETCHED RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. ANY CLAIM AGAINST ETCHED SHALL BE LIMITED TO THE RELEVANT FEE(S) PAID BY THE CUSTOMER.

GENERAL

THESE TERMS AND CONDITIONS SUPERSEDE ANY PREVIOUS TERMS AND CONDITIONS DISTRIBUTED IN ANY FORM. ETCHED RESERVES THE RIGHT TO CHANGE ANY RATES AND ANY OF THE TERMS AND CONDITIONS AT ANY TIME AND WITHOUT PRIOR NOTICE.

ACCEPTANCE OF TERMS AND CONDITIONS AND QUOTATION

THE PLACEMENT OF AN ORDER FOR DESIGN AND/OR ANY OTHER SERVICES OFFERED BY ETCHED, BY EMAIL, VERBALLY OR IN WRITING, IS DEEMED TO BE ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH ARE FREELY AVAILABLE AT WWW.ETCHEDUP.COM