WERXCO TERMS & CONDITIONS
Definitions
In this agreement unless the contrary intention appears:
(a) "Agreement" means this contract as agreed to and executed by the parties;
(b) "the Design" includes but is not limited to graphics, images, designs, artwork, illustrations and digital files.
(c) "the Client" means 'you’ the client requesting the Design services of Werxco
(d) "WERXCO″ means AUXIER ENTERPRISES, INC dba WERXCO
Intellectual Property Rights
Werxco automatically transfers the ownership of all original design (and all Intellectual Property such as the Design) created by WERXCO, in any media, including digital files, whether preliminary or final as briefed by the Client at the time of the invoiced work is paid in full by the Client. All content provided to the Client such as text, graphics, logos, images, digital downloads and data compilations is the property of the Client and is protected by the Australian Copyright Act (Cth) 1968 and international copyright laws.
Warranties
Werxco warrants that it reasonably believes it will not infringe or misappropriate third party intellectual property rights in this jurisdiction or internationally when creating the Design for the Client. It is the Client’s responsibility to brief Werxco in a reasonable manner that does not breach international intellectual property right laws.
Warranty Exclusions
Werxco will not be liable for infringements of patents, trademarks, copyrights, other proprietary and/or intellectual rights arising out of misrepresentation or negligence or any use of the the Design by the Client. Werxco will not be liable for any business or legal decisions, actions or omissions taken by the Client based on the choice of the Design(s) and no representations made by Werxco about the market appeal or saleability of any products on which the Client may reproduce the the Design.
Werxco's Design Responsibility
Werxco’s the Designers will use all reasonable efforts in the professional development of the Website design and endeavor to complete and deliver to the Client within the time frame as arranged with the Client.
Revisions to Artwork Brief
After this agreement is accepted, any changes to the original brief will become an addendum to this agreement. Changes or edits outside the scope of the project are charged separately and will need to be quoted. Any material changes to the proposed design will require a change order which will become an addendum to this agreement. No work will be undertaken unless or until there is a negotiated change order that specifies the scope of work as to each individual item – or items.
Payment Terms
100% Payable prior to commencement. Design work will only commence after payment is received. You pay at the checkout when purchasing a design on this website.
Termination
In the event that work is postponed or terminated at the request by you, Werxco will retain the development designs for up to 1 year, ready for when you decide to proceed again. If the design order is terminated during the design process, the Client agrees to pay WERXCO for the work created up to the date of termination. This amount will be negotiated between both parties.
Governing Law
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Washington, United States, without regard to its conflict of laws rules.
Severance
If any provision of this Agreement shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and this Agreement shall be construed so as to most nearly give effect to the parties’ intention when it was originally executed.
Assignment
This Agreement shall be binding upon and endure for the benefit of the successors in title of the parties but shall not be assignable by any party without the prior written consent of the other.
Entire Agreement
This Agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangement (oral or written) in respect of the subject matter of this Agreement.
Acceptance of Terms
The services that WERXCO provides to the Client are subject to these Terms and Conditions. By paying the invoice, you agree and accept that this agreement signifies that the Client & Werxco agree to and are bound by these Terms and Conditions set forth in this document.