END USER LIMITED COMMERCIAL LICENSE AGREEMENT
By purchasing services and/or downloading digital files from Phases Design Studio (www.designfiles.net) you acknowledge that have read and agreed to the terms and conditions of this license agreement. If you fail to adhere to the stipulations of this license agreement Phases Design Studio reserves the right to immediately revoke the license and any rights transferred to you at the time of purchase.
By the terms of this license Phases Design Studio grants you a perpetual (forever), non-exclusive (we can continue selling the items to other customers), non-transferable (you cannot give this license away or transfer it into someone else’s name) license to use the included products, including but not limited to templates and other design elements, for the use limited to the purposes defined in this agreement.
LIMITATIONS OF USAGE:
This Limited Commercial License Agreement grants you, the customer, the rights to use Phases Design Studio digital download products in the following manner:
YOU MAY combine templates with images of your clients, change colors and re-arrange design elements within these templates in order to customize them for your use. This includes creating proofs of social media profiles and website comps for your clients.
YOU MAY NOT
- Copy or distribute the digital files in any way, claim ownership, share, sell, license for use, or in any way distribute these products for reuse,
- Use any elements of these templates or designs in ANY other form, whether in another template, on a web site or any print materials, or any other manner conceivable (excluding social icons sets, which may be used on your website and/or in print materials to link to your social media profiles),
- Use these products as physical or digital products for sale on your website or in your retail store,
- Use as a derivative work, and resell or redistribute such derivative work,
- Incorporate any elements into trademarks, logos, or service marks.
This Limited Commercial License Agreement grants you, the customer, the rights to use designs resulting from Phases Design Studio custom services in the following manner:
- You retain all rights to use any designs for promoting your brand.
- Rights to rejected proofs, comps, and other designs are retained by Phases Design Studio and are not released to you.
- Phases Design Studio reserves the rights to use any completed designs for marketing efforts such as, but not limited to, sharing on social media and presentation in the online portfolio.
WEBSITE SERVICES AND WARRANTY.
Upon receipt of full payment, websites will launch with the current versions of selected software (i.e. WordPress, plug-ins, and/or other 3rd party software outlined for your project) that are available at the beginning of the development process. If the software provider(s) release a stable upgrade within 30 days from the start of project development, upgrading to the new version may be included in our process. Additional upgrades are considered out-of-scope and subject to additional charges.
The website will comply with the current version of the four major browsers (Internet Explorer, Firefox, Chrome, and Safari) established at the beginning of the development process. As stable browser upgrades cannot be predicted, modifying established code for new browser compliance is considered out-of-scope and subject to additional charges.
Phases Design Studio agrees to provide the customer with reasonable technical support and assistance to maintain and update the website on the Internet during the warranty period of thirty (30) days after launch/publishing the Web site to its final domain name at no additional cost. Such assistance shall not exceed a total of 2 hours. Such assistance excludes redesigns, code rewrites, and/or any other requests that significantly alter the site from the agreed upon deliverables. Any warranty becomes null and void if the client engages in or allows a 3rd party vendor to perform work on the website.
PAYMENT AND TERMS
DIGITAL DOWNLOADS PURCHASES
Payment is due at time of purchase and no files will be provided without completed payment. At the time of payment, you will be redirected to a page to download your purchased file. Purchased downloadable files can also be accessed from your “my account” page on www.designfiles.net. In order to use downloaded products, you must be able to open ZIP files and have the ability to edit Photoshop (.PSD) and Illustrator (.AI) documents. Support or training for Adobe products is not included with your download purchase. Due to the nature of our products, all sales are final and no refunds will be issued for any reason, whatsoever.
Payments, Deposits, and Invoices. Payment is due at time of purchase. For services purchased with a deposit option, an invoice will be delivered for final payment upon completion of agreed upon work or thirty (30) days, whichever occurs first. For invoices not paid within fifteen (15) days from issue date, you agree to pay a late fee equal to ten (10) percent of the original amount in addition to interest on the full balance amount (including late fees) at a rate of 1.5% per month.
Cancellations. In the event of cancellation by the customer, Phases Design Studio shall issue an invoice for all work completed to date, less amount credited from the project deposit. Any remaining account credit from project deposits will be retained for use by the customer within ninety (90) days of issuance. In the event of cancellation, Phases Design Studio shall own all rights in the Deliverables. The billing upon cancellation shall be payable within fifteen (15) days of the customer’s notification to stop work or the delivery of the Deliverables, whichever occurs sooner.
Revisions and Expanded Scope Requests. Service products include a stated amount hours allotted to completing each service, including revisions. Revisions are defined as alterations to existing art that do not exceed a change of over 20% to the existing art. Requests that require more than the stated amount of time within each service will be billed for at an additional cost hourly. Additional billable hours (revisions or expanded scope requests) will be sent to the customer for approval to commencing work. Phases Design Studio shall be given the first opportunity to make any revisions requested by the customer. If Phases Design Studio objects to any revisions to be made by the customer, Phases Design Studio shall have the right to have their name removed from the published materials.
Timeframe. All services will be provided in a timely manner. Phases Design Studio is not responsible for service delays as a result of the customer’s delayed response (i.e. proof feedback), assets to be delivered by the client (i.e. existing graphic assets), or due to acts of nature.
Final deliverables (art files, website code, etc.) will not be delivered until payment (deposit + final invoice) is received in full. Files resulting from completed service orders (design or website files) will be delivered to you via a digital link and will not be hosted on www.designfiles.net. In order to access your files, you must have internet access and be able to open ZIP and PFD files. All sales are final and no refunds will be issued for any reason, whatsoever.
Releases. The customer agrees to indemnify and hold harmless Phases Design Studio against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in any service at the request of the customer and provided by the customer, for which no copyright permission or privacy release was requested or uses which exceed the uses allowed pursuant to a permission or release.
MINIMUM SOFTWARE REQUIREMENTS
- You must be able to open ZIP files.
- You must be able to open and edit Photoshop (.PSD) and Illustrator (.AI) documents ( the current version of the software is supported).
- Where applicable, you must be able to download and install any fonts required for the templates.
Due to licensing restrictions fonts are not included in downloads. At the time of creation, the fonts used in the templates were available for download from various foundries with free, commercial licenses. Download links for all fonts used in specific downloads are provided in the additional README.TXT file and were working at the time of creation. Phases Design Studio cannot be held responsible if these foundries change the license, pricing or download location of the required fonts.
OWNERSHIP OF CONTENT
Phases Design Studio retains all rights, license, copyright, title and ownership of all templates and downloads. There is no warranty, express or implied, with any purchase from this site.
If you have concerns relating to this Agreement, please contact Phases Design Studio at info(at)designfiles.net
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PHASES DESIGN STUDIO AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PHASES DESIGN STUDIO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PHASES DESIGN STUDIO RELATING TO THE SUBJECT OF THIS AGREEMENT.