Where the context admits: "We" includes Red Fox Templates or any party acting on Red Fox Templates's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
Contents:
1. Important Information
1.1 You should carefully read the following terms and conditions. Your purchase or use of our products implies that you have read and accepted these terms and conditions.
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2. Licence
2.1 Our website grants you a nonexclusive limited license to use the web templates and other products sold through our web site by independend contect providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
2.2 You may only use each individual product on a single website, belonging to either you or your client. You have to purchase same template once more in order to make another project with the same design.
2.3 You are authorised to make any necessary modification(s) to our products to fit your purposes.
2.4 You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
2.5 You may not sub-license, assign, or transfer this license to anyone else without prior written consent from our company.
2.6 You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers.
2.7 Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
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5. Indemnity
5.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
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6. Limitation Of Liability
6.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 8.2.
6.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
6.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
6.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
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7. Revisions
7.1 Red Fox Templates reserves 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. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
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8. Notices
8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
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9. Law
9.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
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10. Headings
10.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
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11. Entire Agreement
11.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
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