Serira Designs

General Information

Before purchasing any of our Products and/or Services, you should take the necessary time to carefully read the following Terms and Conditions. Your purchase and/or use of our products/services implies that you have read and accepted these Terms and Conditions.

Definitions

"Conditions" means these Terms and Conditions;
"Personal Information” means any personal details provided by you via the website;
"User(s)" means (a) user(s) of the website either collectively or individually, as the context requires;
"Theme(s)" means CubeCart Skins, HTML Templates, WordPress Themes and Custom Design unless otherwise stipulated

Licence

Serira Designs (www.seriradesigns.com) grants you Non-Exclusive Limited License to use our Themes and 3rd Party Modifications sold through our website in accordance with these terms and conditions (the “license”) issued by our company.

Serira Designs is a provider of Original Themes and 3rd Party Modifications and is no way affiliated with CubeCart (www.cubecart.com). CubeCart is a trademark of Devellion Ltd. We reserve the right to refuse any order which we deem to possibly be fraudulent. To ensure your order is not refused, please ensure that you provide true and accurate information when making a purchase.

Information Required For Purchasing

Serira Designs requires true and accurate information for all Purchases. You must provide the following before any of our Themes (skins/Templates) and/or Modifications are released for usage by you:

1. Your Full Name
2. Your Domain URL
3. Your Online Business(Company) Name
   
4. Your Email Address
5. Your Telephone number inclusive of Country Code & Area Code
6. Transparent Purchasing

Transparent Purchasing

If you are purchasing our Products on behalf of your client or family member, you will be required to clarify license ownership before any product is released. The Domain URL you provide when registering at our Site or upon Purchase must be the Domain URL for which the products where intended. You cannot offer your own Domain URL (website hyperlink) and then install our products on a different Domain URL. This would be considered "Given To Another Person" and falls under our Terms. Please review Point 1) for better understanding.

In all instances, your Domain URL and email address must be valid, legal and accurate at time of purchase. Failure to provide the required criteria will result in product release delays.

Should Serira Designs be required to contact you via email to gain this mandatory information, and the information provided by you in this instance proves to be inaccurate, misleading and/or false will generate the following actions;

1. immediate cancellation and/or suspension of order;
2. immediate notification to your banking/credit provider and/or PayPal and/or your preferred gateway provider for investigation;
3. immediate notification to your hosting company for investigation
4. immediate IP address Block from our website

Seria Designs will not tolerate fraudulent orders or deliberately misleading and/or providing false information through any correspondence or purchases.

1. Under no circumstances can any Product purchased from Serira Designs.com be sold, given to another person, modified and on-sold, claimed as your work (original or otherwise), suggested, implied and/or claimed to be your own creative design, publicly posted within any forum, review website, message board, Help Desk or other internet location, or used as a tutorial, lesson, guideline or example through any medium without prior written permission from Serira Designs.com

2. Each Product purchased through Serira Designs.com will only be installed on the number of stores for which you purchase a license. If you purchase one license, then your theme and/or Custom Products can only be used and displayed on the URL in which you purchased the license. If you purchase an unlimited license for "unlimited stores" you are permitted to install your purchased Theme and/or Design Products on an unlimited number of stores for which you are responsible. Please note that support for an "unlimited stores" license is only provided to the license holder.

3. Dual Purchases - Each Theme and/or Custom Design Theme purchased under one (1) License agreement shall be made available to the you, the Client, on the understanding and provision that the Theme is used in accordance to our Terms and Conditions. Dual Purchases, which may consist of one (1) License Cube Cart Designed Theme and one (1) Licensed WordPress Designed Theme does not fall under our general terms usage of One (1) Domain License. Each Theme is deemed "Individual Purchases", and shall require singular (individual) Licenses for usage within, and on, the registered Domain Name/URL. In all instances, One (1) License Cube Cart Theme and one (1) License WordPress Theme will be required to secure a dual package, unless Serira Designs.com advertises otherwise. We ask that you please consider the time, effort and creativeness required to design and draft mock ups and layouts, code and validate our Themes and stylesheets, as well as source external marketing/design material.

Limited Usage

You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same Theme once more in order to make another project with the same design. By agreeing to our terms and conditions you understand that we retain the right to restrict purchases to a single domain or i.p. address.

Creative Elements - Imagery, ClipArt and Fonts

All imagery, clipArts and fonts used in our Themes and Custom Designs are either Custom Created by us, Free (no license associated), Royalty Free with Restrictions or Commercially Purchased for Serira Designs and are an integral part of our theme showcase. Where Royalty Free Restricted Usage Imagery is used, you shall be notified in writing of the Image Based limitations on the individual product page, and upon purchasing a license you confirm your understanding of said limitations. You will be required to purchase these Royalty Free Restricted Images yourself, or you can request we do this for you on your behalf. The cost for these images will be absorbed by us. This only applies to some of our designs - not all of them.

Limited-usage license gives you the right to use images, clipart and fonts only as a part of the website you build using the theme you purchased from us. You can use imagery, clipart and fonts to develop one project only. Any kind of separate usage or distribution is strictly prohibited. When purchasing any of our themes you acknowledge and agree to this legally binding restriction and you agree to adhere to the copyright laws of the author/owner.

Product Images, Slideshow Images and/or 'mock ' advertising images used on our demo stores are not part of the theme purchase and will not be released to customers. Most of our images we have paid for via stock websites and we use them only to show our customers how our themes could look using quality images.

Theme (Skin/Template) Modifications

You are authorized to make any necessary modification(s) to our Themes to fit your purpose(s). Where it indicates that the Theme elements are fixed width or Fluid Design, then we cannot guarantee the Theme's usability beyond these points. All customisations done by you which results in errors or an inability to use our Products and you request that we require all errors will result in a Service Fee. Service Fees are £49.00 per hour with a minimum 1hour payable up front. This is non-negotiable.

Assignability

You may not sub-license, assign, or transfer any Theme (Skin/Template) or 3rd Party Modification license to anyone else without prior written consent from seriradesigns.com. Such assignability requires the purchase cost to be made via an “Exclusive License Price”.

Unauthorized Use

You may not place any of our products, modified or unmodified, on a diskette, cd, website or any other medium and offer them for re-distribution or resale of any kind without prior written consent from our company.

Ownership

Serira Designs "Designed By" Credit Notification and Copyright Links must remain visible on, and inside, all Product files at all times. Removal of this copyright notice shall signify explicit breach of our terms and conditions to which you agreed thereon. By agreeing to these terms and conditions you agree that you shall not remove or change any copyright names such as back-links that show our company copyright notices.

Unless otherwise indicated, CubeCart source code is not Open Source and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Devellion Ltd or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. All rights reserved.

You must not remove or obscure any copyright notices, or links to the copyright holder. Unauthorized removal of the said “copyright notice" or "Designer Credist" will forfeit your rights to any support or upgrades and will result in legal action against you for damages, potential loss and/or associated costs of enforcing our copyright. In addition you agree to pay on demand to the copyright holder the sum of $5000.00UK or, if agreed, a lesser sum (solely at the discretion of the copyright holder) for each copy that you have modified in such manner as to infringe the rights of the copyright holder. Your use of our Themes (Skins/Templates) and Modifications and all imagery signifies your unconditional and irrevocable acceptance of these conditions and the published terms and conditions.

Design Concepts

The customer must not modify, edit or recreate the design concept without Serira Designs prior written consent.
The Customer must not modify, edit or recreate the design concept mock-ups provided in Photoshop, PNG or JPG format by Serira Designs during any Design Tweaks, Custom Design or Exclusive Design Projects.

"As Is"

Our Products are provided “as is” without warranty of any kind. In no event will Serira Designs be liable to any party including the Customer for any indirect, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data, serve interruptions caused by any circumstances beyond our reasonable control).

You may not claim Intellectual or exclusive ownership to any of our products, modified or unmodified. All Products are property of Serira Designs and/or independent content providers unless otherwise stated.

Our Refund Policy

Serira Designs offers both non-tangible irrevocable goods and tangible CD format and therefore we do not issue refunds after the products has been shipped. You are responsible for understanding our Terms and Conditions upon purchasing any product at our site. "Shipped" also means "Dispatched", "Download", "Downloads" and/or "Digital Goods Download Email". We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is 7 days after the download or delivery date. The refund is issued to you after we receive a waiver of copyright signed by you. This is a required condition.

Chargeback Policy

In the event that any customer issues a chargeback request they will be immediately and permanently banned from making any future purchases from this store. There should never be any reason to request a chargeback. If you have not received your purchase after 24 hours (email format or 14days courier delivery) please open a support ticket for immediate help. Please provide as much information pertaining to your purchase so we can confirm your order.

Anti-fraud Check

All Customer purchases will be suspended for a routine and mandatory manual anti-fraud check. This mandatory anti-fraudulent check may take up to 12hours to complete and in some cases, depending on complexity of purchase around 24-48 hours for more serious investigations. Anti-fraud checks occur because of the increasing number of fraudulent transactions from person(s) who are not the actual cardholders of the credit cards used during online purchases and/or provides misleading information through PayPal. In some cases it may take up to 24 hours for your purchase to become available for download. We ask that you please be patient.

Our company reserves the right to change or modify these terms and conditions with no prior notice.

Revisions

We reserve the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. It is your responsibility to keep up to date with these revisions, and we strongly recommend that you read our FAQ for further information.

Upon final payment of your Custom Design project, Due Care and Responsibility of Custom Work shall immediately revert to you, the Client, under the following established conditions and limitations:-

1. Any Custom Designs ie: Logos, Advertising Banners, Custom Website Graphics, Custom Scripts of any description or method may not be altered by the customer for the purpose of reselling or commercial gain without written authorization from Serira Designs.com.

2. All Custom Design work will not be use for, or in conjunction with:-

1. illegal practices and/or associated illegal activities;
2. anti-social websites and associated public media/mediums that promotes, supports, inspires and condones racial contempt, hatred, violence or disharmony;
3. terrorist activities and associated public terrorist media/mediums;
4. pornographic, sex-slave, paedophilic, violence against women & children websites, and their direct and indirect networks and media/diverse mediums;

3. Serira Designs.com reserves the exclusive right to re-use all Custom Work Conceptual Design Mockups for commercial and non-commercial usage for the full promotion of Serira Designs.com inclusive of: projected Sales, Multi-Media Advertising, Customer Testimonials and Portfolio Displays without prior consent or authorization from the Client.

4. If any of these established Conditions and/or Limitations are purposefully ignored Serira Designs.com has the full legal right to evoke Client Ownership of Goods and Legal Title. In all instances Full Legal Copyright remains with Serira Designs.com

Client Responsibility

1. Serira Designs.com will not be held liable in any manner - expressed or implied - for Copyright Infringement arising from a client, or the client's associates, family members, employees and associated 3rd party relationships who provide source material ie: photos, graphics, written content and information, music, book covers, font styles (commercial or otherwise), etc to Serira Designs.com for that express purpose of incorporating any, or all, source material into any Theme (custom Designed or not) that Serira Designs.com undertakes on the behalf of the Client.

2. Serira Designs.com takes no responsibility for work that may resemble, or mirror the possible or potential likeness of any Copyrighted, Trademarked, Domestic and/or Internationally Registered Website Designs, Advertising, Branding & Logos, Corporate Identity and all associated media and mediums, by coincidence or otherwise.

3. Serira Designs.com always endeavors to promote and produce wholly original Design work and in accordance to our Terms and Conditions we place Sole Responsibility upon the Client, and all the Client's associations as established in clause: 5 to ensure that no illegal activities and/or infringements take place upon solicitation of our Services, during the Custom Design processes and consequently during and after the final payment has been received and passing of Custom Designs to the Client.

Serira Designs.com can not be held legally responsible or liable (implied or otherwise) for any Custom Design work that may or may not resemble existing designs used throughout the Internet and/or broadcast publicly or otherwise through any media or associated medium.

4. In some cases, work-a-rounds and external scripts are used to ensure our Products are Cross Browser functional. All scripts, codes, HTML, php, javascript, etc, are freely available throughout the internet and without copyright attachment. Where Creative Commons License applies, this will be noted and credited accordingly.

5. The term "Exclusive Theme License" and "Custom Design Work" are not related in any form or manner. If Serira Designs.com has been commissioned to design a Custom Design for the Client, please understand that this Custom Design will be made available to the general public upon completion, unless the Client indicates an Exclusive License intention.

All Themes sold throughout Serira Designs.com are cost effective alternatives to hiring a designer, and consequently are not generally available for Exclusive Purchase. In some instances Serira Designs.com does reserve the right to make exceptions on the understanding that you, the client, are fully conversant to Exclusive License pricing. On average, one Exclusive Licensed Theme can cost approximately ($560.00 - $1800.00US)  ($560 - $2000 AUD) £560 - £2000 GBP depending on graphics, commercial fonts used, and other multi-media creative designs and elements.

6. Due to the extensive creative process that designing CustomDesigns entails, Serira Designs cannot offer any refund of deposit received once work has commenced on your project, and we ask our clients to take this aspect into consideration before soliciting our services. Changing your mind part way through the creative design stage is not a refundable avenue, partial or otherwise. Serira Designs reserves full legal rights in retaining all monies received to date in accordance with our terms and conditions. We will do our very best to design to your specific client specifications, and make what alterations to our themes to ensure complete satisfaction.

In the event that the client wishes to terminate your legal and binding proposal contract you may do so on the understanding that:-

• You inform us of your intention in writing and proposed date of termination.
• You allow Serira Designs the reasonable opportunity to make necessary design changes to your business 'work in progress' design to your satisfaction.
• You allow Serira Designs full communication avenues in which to discuss alternative solutions that will suit both parties involved
• In the unlikely event that you wish to pursue your termination, all monies received to date by Serira Designs are non-refundable.
• Any outstanding fees or payments due by you, the client, for additional work perform or 3rd party modifications purchased on your behalf will be promptly paid without hardship or legal intervention.
• In the event that legal representation is required to recoup out of pocket expenses, Serira Designs will seek full monetary & associated legal reimbursement without delay.
• All custom design work and/or custom graphics designed by Serira Designs remains full legal property of Serira Designs. This includes full CopyRight Legislation, domestic and international laws apply.
• Under no circumstances will partial work, mock ups, custom designed graphics or any design, code or scripts associated with your project be released to the client as a compensatory gesture for deposit received. Requesting mock ups and/or custom graphics will not be surrendered.
• Serira Designs respects your Rights. Should you wish to terminate your legal and binding design proposal contract for any reason at all, we ask that you also respect our Rights and the time spent designing quality custom work.
• Refunds - Serira Designs does not provide refunds for any reason. We ask that you make your selection carefully as all our work is digital and in some cases instantly downloadable. In the event that deposit is returned (refunded) to you, the total refund that will be paid (if applicable) will be LESS Pay Pal's mandatory administration fees. We are happy to provide you with records to support the fee deduction.

Abandonment By Client

7. Abandonment - When A Project Is Deemed "Abandoned".

As with any design or creative project Serira Designs undertakes on behalf of our clients, we make it our mission to maintain proper and clear, and timely communication with our clients through various media levels inclusive of email, Google Talk, MSN, Skype, land-line and mobile telecommunication services as determined in your accepted design proposal.

As our client you are required to maintain adequate levels of communication with Serira Designs throughout the project process until such time as Your Project is "officially" completed, and delivered to you in the manner in which your proposal was based upon ie: Installation direct to your server or download access.

In the event that the client terminates effective communication with Serira Designs without notification - for any reason- we will write to you via Email expressing our immediate concerns and ask that you re-establish proper lines of communication so we can continue with your project. Should the level of communication by the client be persistently absent via the preferred communication avenue, we will write to you again advising our concerns and formally request that you comply with our communication policies.

Should persistent non-communication by the client exceed what we deem a reasonable time frame in which to reply to our emails or other lines of communication (ie: 1 week to 1 month) we will write to you and advise that the current project is being reviewed under our "Abandonment" policy. "Reasonable time" frame is subject to the level of communication you instigated from the outset.

In accordance to our Abandonment Terms the client will have 24 hours in which to respond to our formal letter of Abandonment advising us of your immediate communication issues. Should you choose not to respond, or you fail to reply to our formal Abandonment Letter beyond the stipulated deadline time frame, Serira Designs will consider this the Client's Termination Announcement.  Under the Termination Announcement guidelines in Point 6, the Client is therefore declaring that he/she no longer wishes to pursue this project and is effectively and immediately terminating our services.

All monies received to date will be retained by Serira Designs as compensatory payment for work completed or partial. Under no circumstances will any work, partial or otherwise, design mock ups, custom designed graphics or any design, CSS/HTML code or custom scripts associated with the project be released to the client, or their associates and/or immediate family as a compensatory gesture for deposit received. Requesting mock ups and/or custom graphics will not be surrendered.

When you secure our services with your deposit, you are publicly and legally acknowledging to us, and your business, that you have read our Terms and Conditions and that you agree and abide by all Terms stated herein. It is your responsibility to keep up to date with our Terms and Conditions, and legally comply where and when necessary so as to not breach our Terms and Conditions in any way. This also applies to our legal rights with regard to Copy Right domestic and international legislation.

Contractual Work

Serira Designs is often commissioned for contractual projects by third party sources that include, but is not limited it:- dedicated design studios, part-time designers, cube cart skin designers and/or members, third party business houses, graphic designers, highly reputable design houses and even Cube Cart.com itself.

Please be aware that ANY work Serira Designs is commissioned to produce for you will carry our full Legal Copyright Protection in all instances regardless of the fact that the project is then passed onto your client for commercial receipt and monies, and includes but is NOT limited to:

• All Cascading Stylesheet (CSS) Code & HTML Mark Up we write for any project and is deemed ORIGINAL WORK and/or inclusion.
  
• All custom graphics and imagery we provide to enhance the original project
• All commercial fonts, as in keeping with the font author's copyright notification

If your business has commissioned Serira Designs to code a fully functional CubeCart store and/or website using a supplied single PSD (Photoshop), multiple PSD (Photoshop) files and/or JPG/PNG graphics in which you designed, or someone else designed for you, Serira Designs will retain full Copyright ownership of ALL CSS Code and HTML Markup that we provide for the functioning of your Cube art and/or Website based business. Serira Designs will not hold Copyright to any Design Concepts or Graphics provided by the Client.

What this means to the client is that you cannot release our CSS/HTML code to someone other than your immediate client, nor can you and/or your business pretend that you coded the fully functional e-commerce/HTML website yourself, make false or misleading "Designed By" statements that does not endorse or include full and legally proper recognition to Serira Designs for the Coding & HTML work we did unless a prior arrangement between all parties involved has been discussed and agreed upon.

You cannot re-sell, duplicate, copy or  alter any code within the stylesheets and HTML Markup for the purposes of additional Commercial Profit without first gaining written permission by Serira Designs and/or purchasing a Multiple Exclusive License unless prior arrangements has been discussed and agreed upon.

You cannot allow, endorse, condone or promote the "Designed By" advertisement on any theme, skin, website (HTML based or otherwise) and/or Modification that you provide as an "OnSeller" for commercial profit without first advising your immediate client of their legal obligation and responsibilities to Serira Designs and the FULL LEGAL COPYRIGHT PROTECTION ACT that applies to our work, domestic and international environments unless prior arrangement has been agreed and accepted by both parties.

In the event that a breach of our Terms and Conditions has occurred, and no prior agreement has been legally accepted between all parties involved prior to the Breach will result in immediate legal action for full restitution.

All CSS & HTML Markup we write for any commissioned work, which includes but is not limited to commissioned Custom Designs that stems from a client provided single PSD (Photoshop) or multiple PSD (Photoshop) files or high quality JPG/PNG files will remain exclusive property of Serira Designs unless prior written agreement between all parties involved has been agreed and accepted. Serira Desigsn will have the full legal right to use our original code to produce duplicate commercial themes or websites at our discretion. We understand copyright laws, and in any instance we elect to re-use our original code for any reason, we will not include any graphics obtained from a source other than our own designers.

This cause is non-negotiable. Should you wish to discuss purchasing exclusive rights to our work, please contact us via our Help Desk.

Extended Customer Support Package

Serira Designs.com offers all our clients the opportunity to purchase our Extended Customer Support Package Service for a small One-Off charge. This package allows our Clients to instigate One-on-One Personalized Service Support Time through various mediums such as, MSN Messenger, Email, Snail Mail, Telephone and text-messaging (Australian Residents only) for any support issue, query, advice, help, demonstrations, instructions and/or lessons that the Client feels needs specialized attention.

This Extended Customer Support Package is a One-Off charge of: £45.00GBP and is non-refundable, non-transferable, and non-negotiable and must be paid in full prior to soliciting Extended Customer Support Services for issues that fall outside our normal Support Guidelines.

This Extended Customer Support Package can be used by the Client, and/or the Client's nominated associate providing the nominated associate has full authority and access to the Client's Website and Server.

The Client must advise Serira Designs.com of this shift of authority prior to any communication from nominated associate otherwise Serira Designs.com is not obligated to respond or fulfill any support issue that may arise from receipt of said communications, without first requesting payment for Extended Support Services.

The Extended Customer Support Service Package duration (time frame) shall be agreed upon by both Serira Designs.com and the Client, prior to Serira Designs.com acceptance.

In some instances, Serira Designs.com reserves the right to offer an unlimited time frame to the Client based on continual incoming design work. The Client accepts that during this unlimited time frame, should the offer of additional design work not be forthcoming as reasonably agreed, then Serira Designs.com also reserves the exclusive right to terminate the Extended Customer Support Service with notification.

This Extended Customer Support Package does NOT include:-

• The right to expect Additional Unpaid Creative Design work that fundamentally changes your purchased Theme / Product;
• The right to expect New or Substitute graphics and/or images (Royalty Free or otherwise)
• The right to expect any support request to be fulfilled in an unrealistic time frame
• The right to expect unconditional lifetime support, unless such an instance has been pre-approved by Serira Designs.com
• The right to expect third Party Mods and/ or Plugins installed for free
• The right to expect Free support for any third party Mod or Plugin that was not installed by Serira Designs
• The right to expect Free support for any issue that arises from self-installation of Mods and/or Plugins

What you can expect with the Extended Customer Support Package :-

• Personalized One-on-One Support through any medium stipulated above for the duration of the Client's individual issue (notwithstanding any outside influence such as, unexpected family crisis, events arising outside Serira Designs.com control eg: Flood, Blackout, Fire, Theft of Business Equipment, personal injury or harm, etc) until a satisfactory resolution has been achieved.
• Support, advice and actual physical help with uploading, downloading, deleting and over-writing files, folders, images, content, Product Inventory providing the Client provides FTP server access to his/her site. * Limitations apply
• Cropping, resizing, and quality control on all product images * Limitations apply
• Cleaning and removing MS Word from Product Inventory Descriptions *Limitations apply
• Creating Snappy Tag Lines for individual Product Inventory * Limitations apply
• Creating New Design skeleton layouts to further enhance the Client's website, web page or functionality of purchased Goods. This does not mean Serira Designs.com will commence or even undertake the New Design Work until such time as our retainer deposit (£49.00) has been received as per our standard Terms and Conditions.

* Limitations:
Serira Designs.com is most happy to help our clients with their Cube Cart administrative needs, when asked. We ask our clients before they purchase our Extended Customer Support Package to assume a reasonable expectation in relation to the administrating and cleaning of their inventory products and detailed administrative needs.

It is unreasonable to expect Serira Designs.com to: clean, modify, and/or create snappy tag lines, write new and/or re-write individual product descriptions, crop, resize and upload existing and/or new product images, advertising multi-media scripts, objects, imagery, as well as validate the entire website, RSS & Atom feeds, clean stylesheets, create and design new pages, custom design elements such as Customers Who Bought and Related Products should the client's inventory listing exceed 50 products. We state this because it has been asked of us before, with no real concept of time, costs, personnel and task force required.

We would hope that you would agree with this reasonable request and make financial adjustments should your inventory listing exceed this benchmark. All adjustments shall be deemed £45.00GBP per hour.