Terms and Conditions

If you are hiring us for your project, please take a look at our Terms of Services. If you are using or going to use our free themes or any other free download from this site and have any questions please refer to Terms of Uses.

Terms of Services

By placing an order with Smashing Themes, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client: The company or individual requesting the services of Smashing Themes.
Smashing Themes: Primary designer/site owner & employees or affiliates.

Terms:

  1. Smashing Themes will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Smashing Themes and the client, this includes telephone and email agreements.
  2. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Smashing Themes cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  3. The website, graphics and any programming code remain the property of Smashing Themes until all outstanding accounts are paid in full.
  4. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Smashing Themes remain the copyright of Smashing Themes and may only be commercially reproduced or resold with the permission of Smashing Themes.
  5. Smashing Themes cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  6. Smashing Themes will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Smashing Themes will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  7. A deposit of 35% is required with any standard project before any work will be carried out.
  8. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Terms of Uses

Definitions:

Smashing Themes: Primary designer/site owner & employees or affiliates.
The Files: Themes or Plugins and any other freebie offered by Smashing Themes explicitly for download.

Terms:

The files you download from Smashing Themes are our original artwork, they are copyrighted by me with Some Rights Reserved for our protection provided by Creative Commons License. All the free downloads on Smashing Themes are offered under Creative Commons Attribution-Noncommercial 3.0 United States License. There are certain things you can do and their are certain things you can’t do with those files.

Creative Commons License

  1. You may NOT distribute any of the files from your own website. This mean, downloading the files from our website and uploading to your servers and offer the files from your website. In order to share the files, you must link to the Smashing Theme page where source is located.
  2. You may NOT claim any of the file as your own.
  3. You may NOT sell any of our files in any stock website or market place.
  4. You may change or remix the files and redistribute only if you attribute the work in the manner specified by the us. Contact us in such case.

You may also find that some files, like Glassical Theme is licensed under GNU GENERAL PUBLIC LICENSE. So the terms above doesn’t applies to these files. You can read the license information here.

You cannot use any of the file in adult related website, pornography, no matter under what license those are files are distributed.

  • LAST UPDATED: 5th February 2010

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