Document last modified: September 07, 2015
By signing up with RJ Wattenhofer (wallaroo.club), and becoming our Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including all terms and conditions incorporated by reference. Please read these Terms and Conditions in detail. If you do not accept these Terms and Conditions, we will be unable to conduct business with you.
We may revise these Terms and Conditions at any time by updating this document. RJ Wattenhofer reserves the right to amend, modify, update and change this inofrmation page from time to time without notice to clients. You acknowledge and agree that RJ Wattenhofer shall not be liable to you or to any third party for any amendment, modification, discontinuance, suspension or any other potential changes to these Terms and Conditions. You should visit this web page periodically to review the current material.
In these Terms and Conditions, all services and products provided by and related to RJ Wattenhofer, and all text, photographs, images, "look" and "feel", researched data and other content included at RJ Wattenhofer Media; from time to time (including, without limitation, the coordination, selection and arrangement of such content) are sometimes referred to as the "Project", "Draft", "Material", "Web Site" and/or "Service."
RJ Wattenhofer of rjwattenhofer.com is an online offering where individuals or entities that have become clients can submit and/or communicate specific assignments and project descriptions in the context of designer/client or collaborators. RJ Wattenhofer will provide you, as the Client, the Service according to the pre-designated outline discussed and agreed to before or after payment of services.
You are solely responsible for preparing and communicating detailed descriptions outling the desired end-result and subsequent final product or service. RJ Wattenhofer is under no obligation to review content provided for any purpose, including accuracy, completeness of information, quality or clarity unless a separate and unique arrangement has been made outside the original project agreement. RJ Wattenhofer Media may decide, in its sole discretion, to deny any creative project offered before payment of product or services by the client.
When RJ Wattenhofer provides you with a design concept or premise, you are responsible for reviewing the information and then must either "sign off" on the ideas presented or request changes, with the acknowledgement that RJ Wattenhofer will move forward on the project with your approval if no changes or alterations are brought to attention. If changes or alterations are desired by the client after work has progressed and prior approval has been given to previous work, the client may incur additional charges above and beyond the agreed upon price and/or flat fee.
By becoming a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are an authorized agent.
you agree to comply with all applicable laws in connection with your use of the service and/or final product. You agree not to distribute, transmit, post, communicate or upload information or other material on, to or through the contracted website that is copyrighted by a third-party, infringes on any other intellectual property or proprietary rights of others, any statutory right, or on the privacy or publicity rights of others.
You further agree that material considered by a reasonable person to be sexually-explicit, threatening, harassing, obscene, defamatory, abusive, hateful, or embarrassing to any other person or entity will not be utilized in or on any creative materials provided to you by RJ Wattenhofer. You further agree not provide any incomplete, false or inaccurate biographical information or other information, or misrepresent your identity for purposes of becoming a Client.
At the time that RJ Wattenhofer provides you with intellectual material, code and/or a working and functioning design our contractual obligation has ended. You agree to be responsible for any additional changes to the work originally provided to you by RJ Wattenhofer. RJ Wattenhofer is not responsible for, or owe any monetary compensation to clients who intentionally or inadvertently destroy or damage their completed projects. Any additional modifications or repairs after the initial contract has ended will require a new fee which is left to the sole discretion of RJ Wattenhofer.
RJ wattenhofer shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the materials or designs provided to the client if the material is unilaterally changed or deleted by you or a third part. In the case of website development and implementation, the hosting company chosen by the client is soley responsible for rectifying any technical errors or delays to website service. RJ Wattenhofer shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions of third-parties utilizing materials, documents or designs provided to them by rjwattenhofer.com, which include official and third-party plugins and/or files. Additional repairs or updates will incur a service fee.
All deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved. A full refund will be given to the client if no work or conceptualization has been begun by RJ Wattenhofer. A pro-rated amount of not less than 50% will be refunded based on time & effort invested in the project before initial design concepts are created. The refund guarantee is based on our belief that the order is placed in good faith by the client. Placing design orders with more than one developer or designer for the same job is not considered a good faith proposal. In such a case we reserve the right to decline a refund request.
It is the client's responsibility to get their art work and text documents copyrighted. Any resemblance to an existing design, logo, document, composition or conception will be merely a coincidence and RJ Wattenhofer will not accept any responsibility or claim of any compensation in such a case. Later claims of intellectual property use or ideas provided by the client that share similarities or characteristics of previous or future published works by RJ Wattenhofer or other clients will not be entertained. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the website or any portion thereof if third-party content is used and permission allowed.
Payments made are processed through either PayPal or GoDaddy.com. RJ Wattenhofer does not hold customer card details on their systems in order to provide maximum security and to remain compliant. Where recurring billing is required, card details are stored with GoDaddy for future payments. All prices advertised on rjwattenhofer.com are excluding VAT/Tax. No tax will be charged to clients residing in the United States of America. Customers having a business address within the UK will be charged VAT at the applicable rate. Customers residing within the EU and outside the UK can supply a valid VAT number and not be charged VAT.
Material and designs sold to RJ Wattenhofer will become exclusive material and RJ Wattenhofer will own all rights, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the materials, in all media now known or later devised, to the fullest extent provided under international law. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of RJ Wattenhofer without prior written consent.
Upon your submission and sale of intellectual materials, you grant RJ Wattenhofer and its agents a perpetual, irrevocable, royalty-free, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, create derivative works from, modify, adapt, publish, translate, perform and display (in whole or in part), distribute, communicate to the public and/or incorporate in other works, in any media, form or technology now known or later developed for the full term of any intellectual property rights.
You shall not own any materials, media or other content generated during the conceptualiation/design process leading up to the final product, and RJ Wattenhofer expressly reserves all right, title and interest in and to the same. You grant RJ Wattenhofer the right to reference the final design product for promotional and advertising purposes, for internal and archival purposes and add to his portfolio in order to display & promote services and products offered by RJ Wattenhofer.
RJ Wattenhofer retains the rights to all artwork, design & written concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the final end product, and that no service marks or trademarks in or to any materials are being conveyed under these Terms and Conditions. You hereby acknowledge that RJ Wattenhofer shall have no obligation or duty to perform copyright searches, trademark, service mark or or inquiries in order to validate the propriety or legality of the final design product in regard to materials submitted for use by the client.