1. Acceptance of Entire Agreement
1.1 These Terms of Service (this “Agreement”) between Strange Dog Design (“we”, “us” or “Our”) and you (“you”, “your”, “subscriber”) govern your access and use of our Strange Dog VIP graphic design service (“The Service”, “Service”, or “Subscription”). By using this Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1.2 This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
2. The Service
2.1 Your Strange Dog VIP Subscription gives you preferential access to Our graphic design agency.
2.2 As a Subscriber, you receive the following (“benefits”):
- Unlimited graphic design work requests, including concept development.
- Unlimited design revisions on work requests as we work on them.
- Access to Our design staff to discuss ideas, design revisions, and new projects.
- All completed design files (“Deliverables”) are supplied either in print or online ready format.
- Free itemised quoting on printing and production costs, based on your project needs.
- 10% discount on printing and production. This discount applies to vinyl (but not garment purchase), inhouse and outsourced printing, finishing (laminating, binding, folding), canvas printing (inhouse artwork excluded).
2.3 Requests are handled in the order they are received, but you have the ability to reprioritise work. Once a proof is sent, work begins on next request in the combined work queue.
2.4 The Service is available Monday to Friday, from 9am to 5pm, excluding New Zealand public holidays.
2.5 Our flexible Service is available to Subscribers via the following channels: –
In store: 19a Goldfinch Street, Ohakune 4625
By Telephone: 06-385 9320
Via email: firstname.lastname@example.org
3.1 The Service Subscription fee only applies to one (1) business or one (1) brand.
3.2 You are responsible for advising us who has the authority to submit requests and approve proofs using your Subscription, for your business or brand, and of any changes relating to this authority.
3.3 We will work on your design requests on a first in, first out basis. However, if you have urgent work that needs to take priority, let us know and we will put your other requests temporarily on hold, enabling us to focus on your urgent needs. If you require multiple items urgently, it is best efforts, and we will with you to prioritise, agree timelines, or discuss your options.
3.4 Subscription fees do not cover printing, production, or “paid asset” costs such as stock images, licensed content, or commercial fonts.
3.5 The speed of your Service is a measurement of output and represents what we can accomplish in a business day, with our team and our graphic design tools. What we can create with a single Subscription depends on many factors, including, but not limited to the volume of requests, the clarity of your request, and the complexity of the requests. We do not guarantee the amount of work that we can create with a single Subscription, however as a VIP we will give you the best service possible.
3.6 This agreement supersedes any other discounts, deals, or promotions.
4. Reasonable Use
4.1 Our very talented design team are only human, so the clearer your request is the faster we will be able to deliver the work back to you. Likewise, if we receive a large number of requests from you over a short period, we will need to discuss prioritisation with you to achieve the best results and not slow down your Service experience, as specified in item 3.5.
4.2 You are not permitted to use the Service in a manner which would likely incite, promote, or support discrimination based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin and you must not use the Service to incite or promote hostility or violence. If we believe, in Our sole discretion, that your use of the Service is being used in this manner, we may permanently or temporarily cancel or suspend your access to the Service, without notice and liability for any reason.
5. Licensing & Ownership
5.1 You remain the owner of all of your information, data, or materials that you provide to us (“customer content”) in using the Service. By submitting customer content to us, you are representing that you are the owner of such content and/or have the necessary rights, licenses, and authorisation to distribute it. You grant us a royalty free, non-exclusive license to access and use customer content to enable us to provide the Service.
5.3 You grant us licence to use, publish & display any Deliverables that we develop in connection with your Subscription for the purpose of marketing and advertising in our portfolio.
6. Governing Law & Disputes
6.1 This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of Our choosing within New Zealand.
6.2 You and We agree to use all reasonable efforts to resolve any Dispute which may arise between them through negotiation.
6.3 You and We will, as soon as reasonably possible, give the other party notice of any Dispute.
7. Liability waiver
7.1 We will not be responsible for any loss of profits, revenues, data, financial losses either direct or indirect, special, consequential, exemplary, or punitive damages arising out of the use or inability to use the Service. To the extent permitted by New Zealand Law, Our total liability, for any claims under these terms, including for any implied or expressed warranties, shall not exceed a single month’s Subscription fee, regardless of action, in tort, contract, or otherwise. This paragraph cannot be excluded or limited under the applicable law.
8.1 You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to, legal fees and costs, arising from anything in any way directly or indirectly connected to customer content, use of the Service, or any Deliverables. You shall cooperate as required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without Our prior consent.
9. General Terms
9.1 Assignment: You shall not, without the previous written consent from Us, assign, pledge, or transfer the whole or any part of its rights, duties, or obligations under this Agreement. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganisation, or sale of some or all of our assets.
9.2 Severability: The provisions of this Agreement are severable. If a court of competent jurisdiction holds any provision of this Agreement to be invalid or unenforceable, such finding shall not affect the remaining provisions of this Agreement.
9.3 Non-Waiver: The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.
9.4 Force Majeure: If we are unable to perform any obligation under this Agreement because of any matter beyond Our reasonable control, including but not limited to pandemic or wide spread out break of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labour disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile cyber security attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
10. Term, Cancellations, & Renewals
10.1 The minimum Subscription periods term is 6-months (“minimum term”), prorated and billed monthly in equal part payments.
10.2 After the minimum term, this agreement will auto-renew and roll over on a month-by-month basis, subject to Our latest terms and conditions.
10.3 You may cancel the Subscription at any time after the minimum term, prior to the next monthly Subscription fee falling due. If there is any outstanding work in your queue when the Service ends that you would like completed, we will discuss your options and provide an estimate of costs.
10.4 We agree not to increase the Subscription fees during the minimum term. After this period, and in the event of a change in fees, will give one month written notice of such changes.
10.5 We may cancel or suspend your Service solely at Our discretion if your Subscription fee remains unpaid or is in arrears, or if we find you have breached the terms and conditions of this agreement, without notice and liability.
10.6 We reserve the right to cancel or amend the Service, benefits, Subscription fees, or these agreement terms, at any time after the initial minimum term, without liability.
10.7 In all cases, cancellation notice or requests are to be sent in writing to the other party.
10.8 This Agreement will expire and terminate upon the expiration or cancellation of Subscription to the Service. All sections of this Agreement which by their nature should survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
10.9 Communications relating to this agreement, renewals, cancellations, or Subscription, are to be sent to us in writing, via email, at email@example.com