client terms

TERMS

LEGAL CLAIM NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PLACING AN ORDER, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW.

PROOF APPROVAL

After every design or copy alteration a client will receive a proof for approval. Each round of client's edits/comments is forwarded to design (or writers) and is considered one round of revisions. Additional comment submissions are considered further revisions and will be deducted from revision total. Revision requests must be submitted via writing in the online proofing webpage. Proof revisions will not be accepted by phone or e-mail. Thank you!

After final proof approval, we are NOT LIABLE for errors in a final product caused by any of the following: Misspelling, Graphics, Grammar, Punctuation, Incorrect Dates, Copy Information Omissions or Errors, Graphic design style, font size, color selections or any other visual or copy content.

By approving the final project proof, you, the client, verify that spelling and content are correct and that you are satisfied with the project. You understand that your document will print, be visible on the web or be reproduced in print EXACTLY as it appears in your proof, that you cannot make any changes to an order once placed, and that you assume all responsibility for typographical, content and layout errors. If your project is printed elsewhere, we are not responsible for print quality.

If you do request that changes be made to your proof after approval and before publication, print or upload, additional fees and production time will apply. Please contact our main office for details.

CLIENT CONTENT

Client agrees to provide the materials requested by our marketing team, including high resolution (1500 x 2100-pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials our marketing team requests in order to complete project(s). If client is unable or unwilling to provide work materials to our team, we have the right to refuse project(s).

You agree that you have obtained the requisite copyright permission from the photographer(s)/artist(s) /designer(s)/writer(s) to reproduce materials that you supply to us. Our company shall not be liable for any copyright infringement for graphics or copy you provide to us.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that our company has the right (but not the responsibility) to remove any content that violates the terms of service or may otherwise be objectionable, indecent, threatening, treasonous, resistant to any law of the United States, defamatory, or that infringes the intellectual property rights of another. You also agree that we may disclose content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary in order to comply with legal process.

INACTIVE PROJECTS

All projects will be considered inactive until client provides payment, high resolution (1500 x 2100-pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials that our marketing team requires in order to complete the project(s).

Inactive projects due to proof inactivity (proof is issued but client does not respond) or pending materials (necessary materials requested by our team to complete project are not forwarded by client) will:

A – be subject to revised production schedules as determined by our marketing team when we do not hear back from the client within 7 weeks (35 days) on a proof or required materials. Because our team regularly accepts new projects, delays on the part of the client may cause numerous project deadlines to collide. As a result, we reserve the right to revise production schedules for projects inactive for 35 days or more.

B - incur a $50 reactivation fee when inactive for three (3) months or more.

C -When projects are inactive for 4 months or more (proof is issued but client does not respond OR necessary materials requested by our team to complete project are not forwarded by client) we reserve the right to either (a) cancel the project or (b) amend pricing schedule to reflect current production costs, whichever the client prefers. If a project is cancelled, we would refund to the client any unused fees after payment for work-completed-to-date is deducted. No refunds for completed work will be issued on inactive projects.

If a website project includes data entry work and is inactive for more than six (6) months pending content for data entry, our company reserves the right to release the website control panel (content management system or ADMIN) passwords to the client so that THEY may complete data entry at their leisure, with no data entry refund issued. A hosting fee would then apply. At that point we would collect an additional fee for any data entry work required by the client. If a website project includes data entry work to be completed by the client, we will allow the client 30 days of free hosting after the date when the site is complete and control panel passwords are provided. During this time the client may upload their content themselves. After those 30 days hosting will apply even if the client’s uploads are inactive and even if the site has not gone live pending their uploads.

LIMITATION OF LIABILITY

In no event shall our company or its affiliates, vendors, officers, directors, employees, or free-lance agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages resulting from loss of use, data or profits, arising out of or in connection with the use or performance of the web site or of failure to provide services that you order from our team, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall we be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

PROJECT INCLUSION

The quote or invoice you receive outlines the products and services included in your project(s). Project descriptions explain the products/services our company provides. Should your project require additional services not expressly included in your package invoice additional fees WILL apply. These excluded services include but are not limited to: rush service, data entry work, additional rounds of graphic design, additional rounds of copy editing or proofreading, photo scanning, photo color correction, photo editing, photo special effects, photo re-sampling (for low resolution files), photo retouching, audio mastering, audio editing, logo creation, logo editing, and logo re-illustration, video editing, video file conversion, art releases and marketing consulting not directly related to your product or service such as brand strategy, advertising strategy, search engine optimization, general marketing advice, or technology consulting services relating to media file preparation, domain strategy, e-mail, basic computer use, etc. Additionally, changes to the initial project specifications (contained in client project questionnaire or invoice) or to project as discussed in your consult (if applicable to your project) will require additional production time and fees. Please note that art releases (high resolution flattened jpeg or png design files) are never included in project outlines but MAY be available at our discretion and will incur a nominal fee covering time required to prep art, export files, post on server, and provide client access. This fee may vary from $25 upwards depending on the nature of the file preparation and release, to be determined by our team. Our company retains all rights not expressly granted to our clients. Fonts are not included in releases as we do NOT own copyrights on font files.

COLOR PROOFING, COLOR MATCHING, FOLDS

To make projects affordable, our team uses Gang-run printing. This is when different customer jobs are combined on a large print sheet and run at the same time. This process allows us to spread the expensive initial setup cost among multiple customers. We will try our best to match the gradient density of each color, however, our company is not liable for the variations among color hues. To keep production costs low our print division uses automated folding rather than hand folding. We take extreme care to match folds, however, slight variations may occur during folding.


ORDER CANCELLATION

You may cancel your order prior to the final approval process. To do so contact us. Our Customer Service Team will inform you of any cancellation charges depending on the stage of your order. Written notice will also be required 7 business days prior to order cancellation.

If your project is canceled any applicable labor charges (marketing analysis, marketing consult, writing fees, graphics design, proof, etc.) or administrative fees (credit cards fees, etc.) will be deducted from your refund.


RETURNS AND REFUNDS

You must notify our company within 6 business days of order acceptance to report defects. In order to receive replacement, Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.

PROJECT SHIPPING AND DELIVERY

Our marketing department works diligently to ensure that production difficulties do not delay delivery schedules. In no case shall we be liable for any consequential or damages resulting from shipment, mailing or delivery delay.

You agree not to hold our company liable for project, mailing or delivery delays caused by inclement weather, shipping or mailing company delays, or other circumstances beyond our direct control. Our shipment, mailing and delivery dates are calculated based upon estimates provided by our suppliers.

Our marketing team will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the project process. In case of delay caused by technical difficulty, rush charges/fees (paid in addition to basic project pricing expressly for expedited service) will be refunded or waived where applicable.

SHIPPING ERRORS & LOST PACKAGES

Our company is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the returned package with corrected address and charge an additional shipping fee for the shipment.

PORTFOLIO RIGHTS

Our company and our designer(s) retain the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our design portfolio and website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the creative work of our team, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, we retain nonexclusive copyright in and to the preliminary works and the final design.

HOSTING: EPK, Pro Website

Hosting on any of our monthly hosting plans (EPK, Email Marketing, ProWebsite) give the client online access to editable regions of their Presskit, Website or eNewsletters. Each of these content management plans is proprietary and owned by our company exclusively. Upon hosting cancellation, access to this proprietary CMS and any tools of widgets is ceased. In the case of custom websites should a client wish to cease hosting with us, HTML files and images as well as CSS files will be issued to client at no extra charge. The Pro Website system would not be released to the client. Please note that all DHTL, javascript, shopping carts, or flash galleries as well as various media widgets that are tied to admin/CMS will NOT transfer to client unless they are built specifically for client and client owns these scripts outright. All server content would need to be reintegrated by the new web developer. We are not responsible for those fees.

PRODUCTION SCHEDULE

You’ll receive an e-mail alert on the day your project goes into production. This happens only AFTER the following conditions are met:

  • We receive payment
  • We receive your production questionnaire and ALL required materials (photos. logos etc)
  • Your telephone marketing consult (if applicable to your project) has taken place and you approve marketing strategy.
  • The production clock only starts ticking AFTER these 3 conditions are met.
It's important to remember that the production time for your project largely depends on you. After your online proof has been posted, you will receive an e-mail. We NEVER proceed to the next phase of production until we hear back from you.

After reviewing your proof you will either choose to accept it or request further revisions. During the time it takes you to respond to each proof the production clock is paused. If it takes you 5 days to respond to your proof you can add 5 days to your total project duration.

Projects overlapping Major US holidays may incur slight delays so our team may celebrate these events with their families.

The production clock is paused during:

Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Break
Christmas/New Year Holiday break

We work diligently to ensure that production difficulties do not delay delivery schedules. In no case shall we be liable for any consequential or damages resulting from shipment or delivery delay. You agree not to hold our company liable for project or delivery delays caused by inclement weather, shipping company delays, or other circumstances beyond our direct control. Our shipment and delivery dates are calculated based upon estimates provided by our suppliers. We will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the project process. In case of delay caused by technical difficulty, rush charges/fees (paid in addition to basic project pricing expresseley for expedited service) will be refunded or waived where applicable.
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