Joel Kleberm- Terms and Conditions
Last updated: 03/05/2023
- Introduction
Welcome to joelkleber.com (“we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website [joelkleber.com] (the “Website”) and any services, products, or content provided through the Website (collectively, the “Services”).
By using our Website or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Website or Services.
- Eligibility
By using our Website or Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
- Intellectual Property Rights
All content on our Website, including but not limited to text, images, graphics, logos, and the arrangement and presentation of such content, is the property of [Joel Kleber] or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our Website without our express written permission.
- Commissions
If you wish to commission [Joel Kleber] for a project or artwork, the following terms will apply:
4.1. Project Agreement: Before commencing work, we will provide you with a written project agreement outlining the scope, timeline, and fees for the commissioned work. You must agree to the project agreement before we commence commission work.
4.2. Payment: You agree to pay the fees specified in the project agreement according to the payment schedule outlined therein. All payments must be made in Australian Dollars (AUD) and are non-refundable unless otherwise specified in the project agreement.
4.3. Ownership and Licensing: You will own the commissioned work upon full payment of the fees specified in the project agreement. We will retain ownership of any preliminary sketches, drafts, or other preparatory materials created during the development of the commissioned work. We reserve the right to use the commissioned work and any preparatory materials for promotional purposes unless otherwise agreed upon in writing.
4.4. Revisions: The project agreement will specify the number of revisions included in the commission. Any additional revisions beyond the agreed-upon number may be subject to additional fees.
4.5. Cancellation: If you wish to cancel the commission before completion, you must notify us in writing. Depending on the stage of the project, we may retain a portion of the fees paid as compensation for the work completed.
- Disclaimer
Our Website and Services are provided on an “as is” and “as available” basis. We make no warranties or representations, express or implied, regarding the accuracy, completeness, or reliability of any content on our Website or the availability, performance, or quality of our Services.
- Limitation of Liability
To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of our Website or Services.
- Indemnification
You agree to indemnify, defend, and hold harmless [Joel Kleber], its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our Website or Services.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws
of Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Australia for the resolution of any disputes arising out of or relating to these Terms.
- Changes to These Terms
We may update these Terms from time to time. Any changes will be effective when we post the updated terms on our Website. Your continued use of our Website or Services following the posting of changes constitutes your acceptance of those changes.
- Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and the remaining provisions shall continue in full force and effect.
- Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision shall only be effective if in writing and signed by a duly authorized representative of [Joel Kleber].
- Entire Agreement
These Terms, together with any additional terms and conditions that may be provided in connection with specific Services or products, constitute the entire agreement between you and [Joel Kleber] with respect to your use of our Website and Services and supersede all prior agreements and understandings, whether written or oral, between you and us.
- Contact Us
If you have any questions or concerns about these Terms, please get in touch with us at:
Hendrix Media Pty Ltd – joel@hendrixmedia.com.au
We will respond to your inquiry as soon as possible.