Terms of Sale
Last updated: August 20, 2011
TABLE OF CONTENTS
Image Hosting
HOW GRAPHICS WILL BE DISPLAYED ONLINE
All images needed to generate your SittingBoo design over the internet must be uploaded either to:
• your website,
• or your photo host.
If you do not already have a Photo Host, Photobucket is a free, reliable service. For more information, please visit www.photobucket.com. However, please feel free to explore other image hosting services.
In either case, you will need to provide SittingBoo with temporary access during the coding phase to ensure the image paths are correct.
Installation & Technical Support
WHO INSTALLS YOUR DESIGN & WHAT IF YOU NEED HELP
Installation of your storefront design is included in all storefront packages. We suggest you change your password to a temporary one while we install the design.
Installation includes uploading files and/or images to your website, photo host or listing service.
Technical support will be provided at no additional cost for thirty (30) days after installation.
Exclusions to this policy are:
• changes in eBay category/sub-category names which affect hyperlinks
• a change to your eBay store name or user ID which affects hyperlinks
Beyond the 30 day period, technical support will be billed at our current hourly rate (billed at 15 minute increments). An estimate for support will be provided prior to beginning any work.
Assignment of Rights
WHO OWNS THE DESIGN & IMAGE FILES
Upon completion of work & receipt of full payment, the copyright to the finished graphics (.jpg and/or .gif images) created by SittingBoo, will be owned and copyrighted to you.
This assignment is subject to reservation by SittingBoo for the following rights:
• SittingBoo reserves all proprietary rights to the native source files used in the creation of these graphics.
• SittingBoo reserves all rights to the HTML code created.
• SittingBoo reserves the right to use, distribute or publish all or part of the work in promotional pieces, portfolios, newsletters or similar uses - including preliminary designs.
According to the Copyright Law of 1976, the rights to all design and art work, including but not limited to photography and/or illustration created by independent photographers or illustrators retained by the designer, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator.
What does this mean?
It means SittingBoo legally owns the rights to the designs we create and can choose how & when to give those rights to someone else.
In this agreement, SittingBoo is giving the rights to the finished design files (the web-quality jpg images only) to you, but SittingBoo will use the design in our portfolio, blog, newsletter, etc. to help promote our business.
The design we create for your eBay store can be translated for use in any other project (blog, print, website design, etc.) but you won’t be able to use the files that generate your eBay store for those purposes. The image files for your eBay store are specific to that purpose only.
If you want to use the design elsewhere, you will need to either contact SittingBoo to do the work for you or you can purchase the source files to take to another designer.
Nature of Copy
PHOTOS & TEXT YOU PROVIDE TO SITTINGBOO
You commit to SittingBoo and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SittingBoo for use in the graphic design are either owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SittingBoo Productions from any claim or suit arising from the use of those elements.
Store & About Me Page Text
WHO WRITES THE eBAY STORE CONTENT
If you have an About Me page & your store page text is already written, it will be transferred as is to the corresponding new pages. If you wish to change or rephrase any of this text, it is your responsibility to provide SittingBoo with the corrections.
If you do not yet have this text written, it will need to be provided within two weeks of purchase in order to keep the project on schedule. In order for SittingBoo to add your text to the appropriate pages, you must submit the finished text prior to installation. Delays in getting this done can delay the launch of your new store.
Errors & Omissions
MISTAKES HAPPEN
While we will do our best to catch any errors, ultimately it is your responsibility to check all proofs carefully for accuracy in every respect - from spelling to hyperlinks. SittingBoo is not liable for errors or omissions.
But should we both miss something within the 30 day support window after installation, SittingBoo will gladly make any necessary changes free of charge. Issues caught after the 30 day support window can be corrected by SitingBoo at our current hourly rate (billed in 15 minute increments).
Confidentiality
WE AGREE TO PROTECT EACH OTHER'S PRIVACY
During the project, you and SittingBoo will disclose confidential information to one another (such as passwords) in order to complete the work under this agreement. This information will be kept private and will be safeguarded and not disclosed to third parties.
Price Quotes
HOW LONG A QUOTE IS VALID
All quotes provided by SittingBoo are good for 30 days. Beyond that, all quotes are subject to review.
Indemnity Agreement
EXEMPTIONS FROM LOSS
You agree to indemnify and hold harmless SittingBoo Productions for claims of any nature whatsoever pertaining to the services and goods provided.
This includes the loss of customer furnished proofs and materials, loss of profits, business interruption, and loss of any information stored in SittingBoo Productions' computers.
Additionally, this Indemnity Agreement includes claims relating to any software or other copyrightable materials furnished by the client, and from any and all copyright claims and/or misappropriations of trade secrets and/or any claim of theft of proprietary information.
Disclaimer of Warranties
DESIGN GUARANTEES
SittingBoo Productions assumes no responsibility for errors or omissions in these materials.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SittingBoo Productions does not warrant the accuracy or completeness of the information, text, graphics,links or other items contained within these materials.
SittingBoo Productions shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials. The information on this server is subject to change without notice and does not represent a commitment on the part of SittingBoo Productions in the future.
Deposits & Refunds
WHAT IS REIMBURSABLE & WHAT IS NOT
All deposits are non-refundable.
For projects that were paid in full upfront and have not yet been completed, SittingBoo will refund the full amount - minus the amount of hourly work invested up to the point of cancellation.
Due to the nature of digital work, once a project has been delivered and / or installed, all sales are final.
Cancellation & Termination
WHAT IF YOU NEED TO HALT OR CANCEL THE PROJECT
Either you or SittingBoo may terminate or postpone a project by giving written notice to the other of a termination or postponement.
In the event that the project is cancelled at your request, SittingBoo will have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.
If additional payment is due, it must be made within 15 days of your written notification to stop work.
All the rights to the design will remain with SittingBoo. You will assume responsibility for all collection of legal fees necessitated by default in payment.
You will indemnify and hold SittingBoo harmless for any loss or expense (including attorney ’s fees), and agree to defend SittingBoo in any actual suit, claim or action arising in any way from our working relationship.
What does this mean?
It means that should someone legally come after you for fraud or copyright violation, you will not drag SittingBoo into it, hold SittingBoo responsible & will defend SittingBoo in any legal action.
Changes to These Terms
NOTIFICATION OF CHANGES
Any changes made to our terms of sale will be communicated to all current project holders at the time of the change.
Additional Provisions
WHAT ELSE YOU NEED TO KNOW
You agree to leave the written & hyperlinked reference to SittingBoo Productions intact at the bottom of your eBay store & template design.
