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Expertly crafted branding & design
by Sara Bowers
The Website is operated by Studio 8 Design (ABN ABN: 67 477 178 173). By visiting Studio 8 Design and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”):
Changes to terms:
Studio 8 Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Studio 8 Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms:
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Studio 8 Design in the user interface. You also accept that you are responsible for educating yourself on what is and is not included in the purchase by reading the information on the website and in the Frequently Asked Questions.
Upon purchase:
*After checkout, you will be redirected to fill out a brand questionnaire to complete your order. Due to the nature of digital products, all sales are non-refundable. Purchasing this item means that you have thoroughly read and agreed to our terms of purchase and thoroughly read and understood the nature of the process, FAQs, inclusions and pricing stated on the web page for the brand you have chosen.
Licensing:
Upon full purchase, the Customer is granted one non-exclusive, non-transferable, non sub-licensable license. This licence permits the customer to use the semi-custom brand for their own business. The Customer may not resell the purchased brand assets provided by Studio 8 Design to any other parties. The customer is also not authorised to redistribute the brand assets to any other parties (whether for financial gain or as a gift).
Proprietary Rights:
The Customer is free to use all branding assets for any promotional material, marketing material or website usage. However, Studio 8 Design owns the rights to all design, text, graphics, and logos within each semi-custom brand design. It is important to note that you will not be able to trademark any elements provided and will not have exclusive rights (unless this has been paid for and organised by Designer as a separate fee). Photographs are the property of Unsplash or Pexels and governed under their respective copyright licenses. Studio 8 Design does not grant a license agreement to use the images included (instead we send you the links for download) - please see respective websites for image credit and licensing info.
Customer must have a valid Showit Subscription to use these website templates. Templates will only work within the Showit platform.
Licensing:
The Customer one nonexclusive, non-transferable, non sub-licensable license. This licence permits the customer to use the website template for their own business. The Customer may not resell the purchased license key provided by Studio 8 Design to any other parties. The customer is also not authorised to redistribute the website template(s) to any other parties (whether for financial gain or as a gift)
Proprietary Rights:
Studio 8 Design owns the rights to all design, text, graphics, logos, trademarks you see within each template design, unless a semi-custom brand kit is also purchased, enabling the use of logos and graphics. Whilst license-free, photographs are the property of Unsplash and governed under their respective copyright licenses.
Site Credit:
Each Studio 8 Design template will include a ‘site credit’ area within the footer. The Customer is not required to include this in their final website UNLESS you are another Graphic, Brand or Web designer. Please be aware that Designers are not permitted to claim the work as their own and are required to include the site credit. If you are a Graphic or Brand or Web designer who chooses to purchase a template for your own business website you must provide a credit in the footer as follows: Template Design by Studio 8 Design. Customised by [Your Name]. For more information please refer to the Showit Designers Copyright Guide here.
Refund Policy:
Due to the digital nature of these products, Studio 8 Design does not issue refunds. Please reach out to mail@studio8design.com if you are unsure whether a purchase may be the right fit, and we will support you.
Payment Plans:
For purchases where you choose the 2 x payment plan (split plan) option, you will be billed in two separate payments over 2 consecutive months and monies will be automatically taken from your account. Please ensure that your account has sufficient funds available. You are not permitted to use the product until payment has been made in full. Studio 8 Design has the right to lawfully recover outstanding monies owed.
Payment:
If choosing to pay for Services via a third-party payment facilitator such as Stripe or Paypal, by way of third party payment facilitator, Stripe and Paypal, you warrant that you have read, understood and agreed to be bound by Stripes’ or Paypals’ terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Studio 8 Design can vary the Services Fee at any time.
Limitation of liability:
Studio 8 Design's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Studio 8 Design, its affiliates, employees, , contractors, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Indemnity:
You agree to indemnify Studio 8 Design, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
Governing Law:
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Venue and Jurisdiction:
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
Privacy:
Studio 8 Design takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Studio 8 Design's Privacy Policy, which is available here on the Website.