This document governs your relationship with Editus Publishing. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Editus Publishing or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Editus Publishing and its licensors.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
When placing an order you undertake that all details you provide to Editus Publishing are true and accurate, that you are an authorized user of the credit or debit card used to place an order and that there are sufficient funds to cover the cost of our services. We retains the right to refuse any request made by you.
Fees and costs
In consideration for us providing the services, you must pay all fees, charges and costs set out in the Quote.
If you require any services that are not contained in the original Quote, or if there are elements of the services which require additional time, material or resources to be provided by us, including if there is a request for changes or further services after approval of a deliverable, then we will advise you of the additional services and additional fees required before providing you with the additional services.
Payment for our services must be paid in full prior to commencement after approving the Quote. You pay for the Invoice which we send you along with the requested Quote for our customized services.
Our services will only commence after payment is received. However if we do commence work prior to receiving payment, this does not in any way prejudice our right to seek payment.
The final result of our services includes source files, print-ready files, if this is provided by the Task.
If you are not satisfied with our service, you can get a full refund within 30 days from the date you purchased it.
To be eligible for a return, you must not approve the preliminary sketch.
If you are not happy with our services after approving the preliminary sketch, to the extent permitted by law we will not provide you with a refund, but supply you with the services again within reason, until you are satisfied with the services.
We will use reasonable commercial endeavors to provide the services in accordance with any agreed timeframes, but we guarantee that the deadline for each of the stages of the work does not exceed ten business days from the date you purchase the Service.
Editus Publishing sends the completed work to your email address indicated when ordering. The completed work is sent exclusively in electronic form.
Grant of Rights
You acknowledge and agree that all Intellectual Property Rights in all creation files, working files, artwork and other documents provided by us in connection with the services vests in us on its creation. For the avoidance of doubt, this does not include any licenses (such as image licenses).
Upon full payment of our fees, we will assign to you all Intellectual Property Rights in the project. For the avoidance of doubt, Intellectual Property Rights that we have agreed to transfer to you do not include any licenses (such as image licenses) or other Intellectual Property Rights that we are not able to assign.
We may purchase rights to images that we use in providing the services to you. Such images may be subject to a license agreement between us and a third party that may restrict your use of those images. Unless otherwise agreed in writing, we may at our discretion use images that have been used in providing the services to you, with other clients or on other works. If you require specific images, you may be required to pay additional fee(s) for that use. Even if we agree to provide an image to you exclusively, we cannot guarantee that the image will not be used by other third parties who may have obtained these images from another party.
Editus Publishing is granted a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferrable license to use, reproduce, alter, amend and display the Service (and all parts thereof) for promotional purposes on the Editus Publishing Site, its Associated Sites and in connection with the Editus Publishing Service (including without limitation in marketing materials, the press and on other websites owned or operated by Editus Publishing) (Promotional License). Nothing in this Agreement is intended to limit or restrict such Promotional License.
Warranties and liability
You warrant that all work and materials provided by will be free and clear of all liens and encumbrances and may be lawfully used by us without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
You acknowledge that you have not relied on any advice, representation or warranty given by us in connection with the services that is not expressly stated in this document.
To the extent permitted by law, all warranties, conditions and representations by us are excluded. If a term is implied by law into this document and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included this document. However, our liability for breach of such term will be limited, at our option, to one or more of the following:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
If you are not happy with our services, to the extent permitted by law we will not provide you with a refund, but supply you with the services again within reason, until you are satisfied with the services. To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of our provision of the services.
Without limitation, we will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of:
- any act done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this document,
- any infringement by you of third-party Intellectual Property Rights, and/or
- any breach by you of any of the terms of this document.
We do not guarantee that our services will provide any specific results. In particular, and without limiting the foregoing, we make no guarantees, warranties or representations as to sales or revenue that may be achieved or that you will receive any new or increased numbers or customers as a result of our services.
A party shall not, without the prior written approval of the other party, disclose the other party’s Confidential Information. A party shall not be in breach of this Agreement in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
Each party shall take all reasonable steps to ensure that its employees and agents do not disclose the other party’s Confidential Information.
The parties may disclose the other party’s Confidential Information:
(a) to its related companies, solicitors, auditors, insurers and accountants who require information for the purpose of this Agreement; or
(b) if required to disclose the information by law or the rules of any Stock Exchange.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Editus Publishing’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Editus Publishing shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.