Terms of Use

The term 'TALKING DOG TEMPLATES' or 'TALKING DOG DESIGNS' or 'us' or 'we' refers to the owner of this website. The term 'you' or 'Customer' refers to the user or viewer of our website, products or services.

Template License Terms

TALKING DOG TEMPLATES retains copyright ownership of all original artwork or parts contained therein, whether preliminary or final, except where noted otherwise. Upon receipt of full payment, the client is granted license to use the final web design and/or provided graphics and files (logo, business cards, etc.) for their business for the website indicated at the time of order. Rights to photos, graphics, source code and software are specifically not transferred to the client, and remain the property of their respective owners. TALKING DOG TEMPLATES retains the right to use the completed project for the purpose of marketing materials and portfolio.

Limited Edition and Economy Template License:

The Limited Edition templates are sold a set number of times (15 times). Once the template is sold out, it will no longer be available for sale or used by our company. Unlimited templates are sold an indefinite number of times until we decide to retire them.
The link back to us may not be altered and MUST be kept visible in the template, appearing on ALL pages.
You may use the template on ONE site only. If you wish to use the template on more than one website, you must purchase an additional license for each site.

OOAK Template License:

The OOAK templates are sold ONCE only. Once the template is sold, it will no longer be available for sale or used by our company.
The link back to us may not be altered and MUST be kept visible in the template, appearing on ALL pages.
You may use the template on ONE site only. Additional licenses are not available for purchase for OOAK templates.

Acceptable Use

Our pre-made templates are available for use on your personal or business website, according to the terms stated here. By purchasing our products or services you are agreeing to these terms. You may not, except with our express written permission, distribute or commercially exploit the content of this website, our products or services. Purchase of our services does NOT grant you such permission. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.This includes all images, HTML code, CSS code, and the design itself.

The license grants you USE of the template, it does not grant you OWNERSHIP of the template. You are not allowed to use it on a website containing sexually explicit material, promotion of hatred against any group, or any illegal activity and the site must not contain links to any such material. Violation of these terms will result in your loss of license without refund and reporting of your site to your web host and/or legal action taken.

Refund & Cancellation Policy

Template orders may be refunded if both of the following apply:

Refund request is received within 2 days of purchase.
We have not yet started work on it. It generally takes us about 2 days to begin working on your project after receiving your order. If you requested rush processing of your template and we have already completed some work on it, the time spent is NOT refundable, even if it’s within 2 days of purchase.

Refunds will not be given after delivery of product, no exceptions. If, after you place your order, you change your mind or you need to put your project on hold for a length of time we may issue store credit for use at a later date.

We post estimated time frames on our website to give you an idea of how long the project should take. Refunds are not given if we exceed the timeframe posted on our site.

Website Terms of Use

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the California and the United States.

General

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website or our products and services. You agree to indemnify, defend, and hold harmless TALKING DOG TEMPLATES from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the ours services or timlines which damages either you, TALKING DOG TEMPLATES, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.

All users of TALKING DOG TEMPLATES’s services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, treaties and international law.

We reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law.

Website Hosting Terms

Cancellation and Fees

Fees: In consideration of the Web Site Hosting Services, Customer will pay to TALKING DOG DESIGNS all fees due according to the prices and terms agreed upon, as shown on invoice. All sales are final, and TALKING DOG DESIGNS offers no partial or full refunds on any fees or monthly billing services.

Change in Fees: TALKING DOG DESIGNS may change its fee schedules on sixty (60) days notice by postal mail, electronic mail, or by posting the same on TALKING DOG DESIGNS’ own Web site. Upon such notice, Customer shall have thirty (30) calendar days prior to the effective date of the fee schedule to notify TALKING DOG DESIGNS by certified postal mail should it not agree to such rate increase and that Customer wishes to terminate this Agreement.

Payment: TALKING DOG DESIGNS will automatically bill Customer once a month. Shopping cart and content management services must be paid by an automatic PayPal subscription via direct debit from checking or debit/credit card. Checks are accepted for non-shopping cart services such as Web site design. If a payment is returned or rejected by TALKING DOG DESIGNS’ bank, or incurs additional costs for TALKING DOG DESIGNS (e.g., bank fees) for any reason, then Customer shall pay a service fee of $50 and reimburse all such fees and costs incurred by TALKING DOG DESIGNS, and Customer shall be immediately deemed to be in default of this Agreement. Accounts not paid in full by the tenth day after TALKING DOG DESIGNS submits its invoice may have their service interrupted or terminated, but any interruption does not relieve Customer from the obligation to pay all fees due to TALKING DOG DESIGNS, including the monthly account charge. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is less, until fully paid. If Customer defaults, Customer agrees to pay TALKING DOG DESIGNS its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights.

Suspensions: Any site suspended for non-payment will be assessed a $50 reactivation fee. All prior and current fees with late fees must be paid before the site is reactivated.

Terminations: Any site terminated for non-payment will be unable to retrieve previous versions of the site or database. Customer agrees to pay TALKING DOG DESIGNS its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights.

Taxes: All fees charged by TALKING DOG DESIGNS for the Web Site Hosting Services are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Web Site Hosting Services, all of which Customer will be responsible for and will pay in full, except for taxes based on TALKING DOG DESIGNS’ net income. If TALKING DOG DESIGNS is required to pay directly any such taxes, Customer will, upon receipt of TALKING DOG DESIGNS’ invoice, promptly reimburse TALKING DOG DESIGNS for any such taxes paid by TALKING DOG DESIGNS.

Cancellation: Should the customer wish to terminate the service agreement, then they can request so via certified mail to TALKING DOG DESIGNS. The customer shall incur a penalty payable upon cancellation not to exceed the remaining months of service on the agreement times the remaining monthly service times 50%. All other reactivation fees remain in effect should the customer request to renew service after they have cancelled.

Third-Party Partner’s Software Terms of Use

Any client of TALKING DOG DESIGNS utilizing one of TALKING DOG DESIGNS’ partner’s software is subject to TALKING DOG DESIGNS’ partner’s Terms of Use.

If you have any questions about our terms, please contact us prior to making a payment for our services. Thank you!