By placing an order Client is offering to purchase services on and subject to the following terms and conditions. In order to contract with Editus Publishing Client must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Editus Publishing retains the right to refuse any request made by Client. When placing an order Client undertakes that all details Client provides to Editus Publishing are true and accurate, that Client is 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 Editus Publishing Services (Services).
Agreement and Background
This Agreement is between Editus Publishing and Client. Client acknowledges that after the payment for Services, Client enters into this Agreement in respect of such Services.
Pricing and Availability
The Editus Publishing provides the Services in accordance with the current price list published on the Website, and details specified in the order.
If you require any services that are not contained in the original order, 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.
The final result of our services includes source files, print-ready files, if this is provided by the order.
The Client pays at the checkout when placing an order for the Services on the Website. Payment must be made by the Client through 100% prepayment of the order value.
Payment by the Customer of the order implies acceptance of this Terms of trades.
Editus Publishing offers a money back guarantee within 30 days from the date you purchased the Service in case the design does not meet your requirements.
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.
Approval of the Services by the Client through response message by email is considered the fact of reception of work. In the absence of such messages from the Client within thirty days from the date of shipment of the completed work by email from the Contractor and in the absence of written complaints from the Client to Editus Publishing on quality of Services, Services deemed transferred by the Client and accepted on quality regardless of the fact of approval of the services by the Client.
We will use reasonable commercial endeavors to provide the services in accordance with any agreed timeframes, but we guarantee that the deadline for the first sketch does not exceed ten business days from the date you purchase the Service.
Editus Publishing sends the completed work to the Client’s email address indicated by the Client when ordering. The completed work is sent exclusively in electronic form.
Intellectual Property 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.
We reserve the right to display all designs that we create for you on our website and our marketing material.
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.
Grant of Rights
In consideration of the payment to Editus Publishing for the Service, Editus Publishing hereby assigns to Client and its successors in title all rights, title and interest in and to the Service (and every part thereof), including copyright, for the full period of copyright and other applicable rights, and all extensions and renewals thereof, and Client shall be free to use the Service (and any part thereof) or authorize others to use the Service (and any part thereof) in its absolute discretion free from any claims and in perpetuity throughout the world.
After the payment for the Service Client shall have the sole and exclusive right to (and authorize others to):
(a) adapt and/or alter the Service (and any part thereof); and/or
(b) use, distribute, reproduce, communicate to the public, promote and/or exploit the Service (and any part thereof).
Editus Publishing is granted a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferrable lisence 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.
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.
To the maximum extent permitted by law, in relation to the subject matter of this Agreement in no event shall either party to this Agreement or its employees, officers, representatives and directors be liable to the other party to this Agreement or its employees, officers, representatives and directors for any loss of profits, management time, savings, contracts, revenue, invest, goodwill, data, or for any penalties, fines, or for any consequential, special, indirect, or exemplary damages, costs, expenses, or losses (including, without limitation, for negligence).
Definitions and Interpretation
Definitions In this Agreement, unless the context otherwise requires:
“Website” means edituspublishing.com;
“Associated Sites” means the other websites operated by Editus Publishing.
“Service” means the service provided by Editus Publishing to the User Agreement;
“Confidential Information” means the information of a party which relates to the subject matter of this Agreement or arising from Client use of the Editus Publishing Service or which is obtained from or through the Editus Publishing Site and which is not already in the public domain through no breach of the recipient of its obligations of confidentiality owed to the discloser;
“Intellectual Property Rights” means all industrial and intellectual property rights including, but not limited to, copyright, trade marks and designs.