Brett Anthony Dixon Terms of Service
Version 1.1
This document was posted on January 19, 2012 and last updated May 1, 2014.
Definitions
Client refers to the recipient of a service provided by Brett Anthony Dixon.
A Business Day is any day Monday to Friday 10am to 10pm excluding United States Federal Holidays.
Intellectual Property refers to copyrighted services and information provided by Brett Anthony Dixon to the Client and from the Client to Brett Anthony Dixon.
Agreement refers to this agreement and any other agreement which includes this agreement.
Services refers to Brett Anthony Dixon it services and software.
Brett Anthony Dixon’s estimates projects on a variable hourly rate.
Content refers to all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which the Client may have access to as part of, or through the Client’s use of Services are the sole responsibility of the person from which such content originated.
Universal Terms refers to the minimum terms and conditions set out in this agreement.
Additional Terms refer to the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms.
Terms refers to the Universal and Additional Terms collectively.
This document is subject to change and Clients will be required to review and accept the terms of this agreement as a condition of continuing to receive Brett Anthony Dixon’s services unless otherwise amended.
Clients will be able to review their contract at the URL provided in an email.
The Client’s relationship with Brett Anthony Dixon
The Client’s use of Brett Anthony Dixon services and web sites is subject to the terms of a legal agreement between the Client and Brett Anthony Dixon. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
The Universal Terms and Additional Terms, form a legally binding agreement between the Client and Brett Anthony Dixon in relation to the Client’s use of the Services. It is important that the Client take the time to read them carefully, and print a copy for their records.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
In order to use the Services, the Client must first agree to the Terms. The Client may not use the Services if the Client does not accept the Terms.
The Client can accept the Terms by:
a) Placing an order through the payment service, or otherwise sending payment,
b) an email request for services, or
c) by using the Services. In this case, the Client understands and agrees that Brett Anthony Dixon will treat the Client’s use of the Services as acceptance of the Terms from that point onwards.
The Client may not use the Services and may not accept the Terms if
a) the Client are not of legal age to form a binding contract with Brett Anthony Dixon, or
b) the Client is a person barred from receiving the Services under the laws of the United States or other countries including the country in which the Client is resident or from which the Client uses the Services.
Provision of the Services by Brett Anthony Dixon
Brett Anthony Dixon is constantly innovating in order to provide the best possible experience for its users. The Client acknowledges and agrees that the form and nature of the Services which Brett Anthony Dixon provides may change from time to time without prior notice to the Client.
The Client acknowledges and agrees that Brett Anthony Dixon may permanently or temporarily stop providing the Services (or any features within the Services) to the Client or to users generally at Brett Anthony Dixon’s sole discretion, without prior notice to the Client. The Client may stop using the Services at any time. The Client must specifically inform Brett Anthony Dixon when the Client stops using the Services.
Use of the Services
In order to access certain Services, the Client may be required to provide information about the Client’s self (such as identification or contact details) as part of the registration process for the Service, or as part of the Client’s continued use of the Services. The Client agrees that any registration information the Client gives to Brett Anthony Dixon will always be accurate, correct and up to date.
The Client agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
The Client agrees that the Client will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are required to perform the Services).
Unless the Client have been specifically permitted to do so in a separate agreement with Brett Anthony Dixon, the Client agrees that the Client will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
The Client agrees that the Client is solely responsible for (and that Brett Anthony Dixon has no responsibility to the Client or to any third party for) any breach of the Client’s obligations under the Terms and for the consequences (including any loss or damage which Brett Anthony Dixon may suffer) of any such breach.
Passwords and account security
Clients agree and understand that they are responsible for maintaining the confidentiality of passwords associated with any account the Client uses to purchase Services.
Accordingly, the Client agrees that the Client will be solely responsible to Brett Anthony Dixon for all activities that occur under the Client’s account.
If the Client becomes aware of any unauthorized use of the Client’s password or of the Client’s account, the Client agrees to notify Brett Anthony Dixon immediately at b@brettanthonydixon.com.
Refund Policy
Payments for services or projects that have already been completed according to Brett Anthony Dixon’s agreements are non-refundable.
Payments to third party contractors and service providers are non-refundable.
If Brett Anthony Dixon issues a refund, it will be limited to incomplete or late projects. None of the work in progress will be delivered to the Client if a refund is processed. Any associated services may also be terminated.
If the Client is willing to accept a partial refund or other arrangement, Brett Anthony Dixon may be able to provide the work in progress or continue Services.
Also, if Brett Anthony Dixon is able to cancel a third party service and receive a full or partial refund, Brett Anthony Dixon may be able to refund that amount to the Client.
Maintenance fees
If the Client needs changes on their web site, they need to request a quote. Any changes not made at a fixed project rate will be charged at Brett Anthony Dixon’s current hourly rate. Please note any serious bugs or errors are usually fixed for free very quickly.
Estimated Launch Dates
Brett Anthony Dixon makes a best effort to estimate when a project will be completed. The Client understands that the creative process may cause this schedule to be modified. He also can’t control the amount of revisions that a client will request. Revisions require new estimations of their completion.
Brett Anthony Dixon’s goal is quality, accuracy and client satisfaction after each milestone, which may take longer then expected in some cases.
Brett Anthony Dixon will notify the Client of any delays so they can make the best decisions for their business.
Payment options, due dates & late payments
Brett Anthony Dixon may send the Client invoices and notifications by email. New invoices are automatically due within 15 calendar days. If a payment is not received within 1 month of the date Brett Anthony Dixon sent the invoice, Brett Anthony Dixon reserves the right to stop work until payment is received. Brett Anthony Dixon is not responsible for a loss of business or a lapse of service due to the Client’s failure to pay on time.
Payments Options
a) Send a check in the mail,
b) Make a bank transfer, or
c) Use the payment and billing service.
The Client agrees to send their payment early to avoid service disruption.
Privacy and personal information
Brett Anthony Dixon may use the information we collect to:
Provide, maintain, protect, and improve services (including advertising services), develop new services, and protect the rights or property of Brett Anthony Dixon or his Clients.
Information sharing
Brett Anthony Dixon only shares personal information with other companies or individuals in the following limited circumstances:
We have the Client’s consent. We require opt-in consent for the sharing of any sensitive personal information.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to
a) satisfy any applicable law, regulation, legal process or enforceable governmental request,
b) enforce applicable Terms of Service, including investigation of potential violations thereof,
c) detect, prevent, or otherwise address fraud, security or technical issues, or
d) protect against harm to the rights, property or safety of Brett Anthony Dixon, Client or the public as required or permitted by law.
If Brett Anthony Dixon becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.
Changes to this Privacy Policy
Please note that this Privacy Policy may change from over time. We will not reduce the Client’s rights under this Privacy Policy without the Client’s explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).
The Client agree to the use of the Client’s data in accordance with Brett Anthony Dixon’s privacy policies.
Content in the Services
The Client should be aware that Content presented as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Brett Anthony Dixon (or by other persons or companies on their behalf). The Client may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless the Client has been specifically told that the Client may do so by Brett Anthony Dixon or by the owners of that Content, in a separate agreement.
Brett Anthony Dixon reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
The Client understands that by using the Services they may be exposed to Content that they may find offensive, indecent or objectionable and that, in this respect, they use the Services at the Client’s own risk.
The Client agrees that they are solely responsible for, and that Brett Anthony Dixon has no responsibility to them or to any third party for, any Content that they create, transmit or display while using the Services and for the consequences of their actions (including any loss or damage which Brett Anthony Dixon may suffer) by doing so.
Proprietary rights
The Client acknowledges and agrees that Brett Anthony Dixon owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Service, whether those rights happen to be registered or not, and wherever in the world those rights may exist. The Client further acknowledges that the Services may contain information which is designated confidential by Brett Anthony Dixon and that the Client shall not disclose such information without Brett Anthony Dixon’s prior written consent.
Unless the Client has agreed otherwise in writing with Brett Anthony Dixon, nothing in the Terms gives the Client a right to use any of Brett Anthony Dixon’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If the Client has been given an explicit right to use any of these brand features in a separate written agreement with Brett Anthony Dixon, then the Client agrees that the Client’s use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
Other than the limited license, Brett Anthony Dixon acknowledges and agrees that it obtains no right, title or interest from the Client, or their licensors, under these Terms in or to any Content that the Client submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that Content. Unless the Client has agreed otherwise in writing with Brett Anthony Dixon, they agree that they are responsible for protecting and enforcing those rights and that Brett Anthony Dixon has no obligation to do so on their behalf.
The Client agrees that they shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless the Client has been expressly authorized to do so in writing by Brett Anthony Dixon, the Client agrees that in using the Services, the Client will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Brett Anthony Dixon
Brett Anthony Dixon gives the Client a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services as provided to the Client by Brett Anthony Dixon. This license is for the sole purpose of enabling the Client to use and enjoy the benefit of the Services as provided by Brett Anthony Dixon, in the manner permitted by the Terms.
The Client may not, and may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless the Client has been specifically told that the Client may do so by Brett Anthony Dixon, in writing.
Unless Brett Anthony Dixon has given the Client specific written permission to do so, they may not assign, or grant a sub-license of, their rights to use the Software, grant a security interest in or over their rights to use the Software, or otherwise transfer any part of the Client’s rights to use the Software.
Content license
The Client retains copyright and any other rights already hold in Content which they submit, post or display on or through, the Services. By submitting, posting or displaying the content, the Client gives Brett Anthony Dixon a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which the Client submits, posts or displays on or through, the Services. This license is for the sole purpose of enabling Brett Anthony Dixon to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
The Client agrees that this license includes a right for Brett Anthony Dixon to make such Content available to other companies, organizations or individuals with whom Brett Anthony Dixon has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
The Client understands that Brett Anthony Dixon, in performing the required technical steps to provide the Services to users, may
a) transmit or distribute the Client’s Content over various public networks and in various media; and
b) make such changes to the Client’s Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. The Client agrees that this license shall permit Brett Anthony Dixon to take these actions.
The Client confirms and warrants to Brett Anthony Dixon that they have all the rights, power and authority necessary to grant the above license.
Ending the Client’s relationship with Brett Anthony Dixon
The Terms will continue to apply until terminated by either the Client or Brett Anthony Dixon as set out below.
The Client must contact Brett Anthony Dixon within 2 business days of the next billing cycle to avoid non-refundable charges if the Client intends to change or cancel services. The notice should be sent, in writing, to Brett Anthony Dixon’s address which is at the end of these Terms.
Brett Anthony Dixon may at any time, terminate its legal agreement with the Client if:
a) The Client has breached any provision of the Terms, or has acted in manner which clearly shows that they do not intend to, or are unable to comply with the provisions of the Terms; or
b) Brett Anthony Dixon is required to do so by law, for example, where the provision of the Services to the Client is, or becomes, unlawful; or
c) the partner with whom Brett Anthony Dixon offered the Services to the Client has terminated its relationship with Brett Anthony Dixon or ceased to offer the Services to the Client; or
d) Brett Anthony Dixon is transitioning to no longer providing the Services to users in the country in which the Client is a resident or from which the Client uses the service; or
e)the provision of the Services to the Client by Brett Anthony Dixon is, in Brett Anthony Dixon’s opinion, no longer commercially viable.
Nothing in this Section shall affect Brett Anthony Dixon’s rights regarding provision of Services under Provision of the Services Section of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that the Client and Provision of the Services have benefited from, been subject to, or which have accrued over time while the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
If the Client wishes to terminate Services, they must contact Brett Anthony Dixon before the end of the month or billing period to avoid further billing.
Working with other contractors
The Client can use other professionals to make changes at any time on their web site.
Brett Anthony Dixon is not responsible for providing any assistance to the Client to help setup the web site at a different company upon termination.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING THE EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY SECTIONS, SHALL EXCLUDE OR LIMIT BRETT ANTHONY DIXON’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN The Client’s JURISDICTION WILL APPLY TO THE CLIENT AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE CLIENT EXPRESSLY UNDERSTAND AND AGREE THAT The Client’s USE OF THE SERVICES IS AT THE CLIENT’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, BRETT ANTHONY DIXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE CLIENT THAT:
A) CLIENT USE OF THE SERVICES WILL MEET THE CLIENT’S REQUIREMENTS,
B) CLIENT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
C) ANY INFORMATION OBTAINED BY THE CLIENT AS A RESULT OF THE CLIENT’S USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE CLIENT AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT The Client’s OWN DISCRETION AND RISK AND THAT THE CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO The Client’s COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM BRETT ANTHONY DIXON OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BRETT ANTHONY DIXON FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN EXCLUSION OF WARRANTIES SECTION ABOVE, THE CLIENT EXPRESSLY UNDERSTAND AND AGREE THAT BRETT ANTHONY DIXON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE CLIENT FOR:
A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE CLIENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE CLIENT, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
I) ANY RELIANCE PLACED BY THE CLIENT ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE CLIENT AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
II) ANY CHANGES WHICH BRETT ANTHONY DIXON MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH The Client’s USE OF THE SERVICES;
III) THE CLIENT’S FAILURE TO PROVIDE BRETT ANTHONY DIXON WITH ACCURATE INFORMATION;
IV) THE CLIENT’S FAILURE TO KEEP THE CLIENT’S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON BRETT ANTHONY DIXON’S LIABILITY TO THE CLIENT ABOVE SHALL APPLY WHETHER OR NOT BRETT ANTHONY DIXON HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies
It is Brett Anthony Dixon’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Other content
The Services may include hyperlinks to other web sites or content or resources. Brett Anthony Dixon may have no control over any web sites or resources which are provided by companies or persons other than Brett Anthony Dixon.
The Client acknowledges and agrees that Brett Anthony Dixon is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
The Client acknowledges and agrees that Brett Anthony Dixon is not liable for any loss or damage which may be incurred by the Client as a result of the availability of those external sites or resources, or as a result of any reliance placed by the Client on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Brett Anthony Dixon may make changes to the Terms from time to time. When these changes are made, Brett Anthony Dixon will make a new copy of the Terms available to the Client.
The Client understands and agrees that if the Client uses the Services after the date on which the Universal Terms or Additional Terms have changed, Brett Anthony Dixon will treat the Client’s use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Sometimes when the Client uses the Services, the Client may (as a result of, or through the Client’s use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. The Client’s use of these other services, software or goods may be subject to separate terms between the Client and Brett Anthony Dixon or person concerned. If so, the Terms do not affect the Client’s legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between the Client and Brett Anthony Dixon and govern the Client’s use of the Services (but excluding any services which Brett Anthony Dixon may provide to the Client under a separate written agreement), and completely replace any prior agreements between the Client and Brett Anthony Dixon in relation to the Services.
The Client agrees that Brett Anthony Dixon may provide the Client with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
The Client agrees that if Brett Anthony Dixon does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Brett Anthony Dixon has the benefit of under any applicable law), this will not be taken to be a formal waiver of Brett Anthony Dixon’s rights and that those rights or remedies will still be available to Brett Anthony Dixon.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Client acknowledges and agrees that each member of the group of companies of which Brett Anthony Dixon is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favor of them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and the Client’s relationship with Brett Anthony Dixon under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The Client and Brett Anthony Dixon agree to submit to the exclusive jurisdiction of the courts located in Alameda county, California to resolve any legal matter arising from the Terms. Notwithstanding this, the Client agrees that Brett Anthony Dixon shall still be allowed to apply for injunctive remedies, or an equivalent type of urgent legal relief, in any jurisdiction.
Brett Dixon
Web Developer
Brett Anthony Dixon
Based on Terms of Service by Google, Inc.
Google, Inc. is not a sponsor of and is not affiliated with www.brettanthonydixon.com.
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