Terms and Conditions
By using this site, known as Custom Graphics.us, you (our Client) understand and agree to the following Terms and Conditions set forth with. Custom Graphics.us (the site or we), is a subsidiary of Artdrops LLC and reserves the right to change these terms and conditions anytime, without notice.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that Custom Graphics may be contracted to produce or provide for CLIENT will be subject to the following:
1. Custom Graphics.us and Artdrops LLC reserves the right to refuse any job order at anytime for any reason.
2. Full payment is to be payed before any client work has begun.
3. Once Custom Graphics.us has completed a job, a proof will be sent to the client. The client will either approve the job as complete or ask for up to 2 revisions after the intial proof, making 3 proofs free of charge available to the client. After 3 proofs have been made, any revisions after the intial 3 will charged a $15 revision fee thereafter; which must be payed before any further revisions take place.
4. Until further notice, all payments shall be made through our payment gateway via Paypal with a credit or debit card. We do not except checks or money orders at this time. You do not need to be a member of Paypal in order to make a paymet. All payment invoices will have Artdrops LLC as the receiver. For more information about Paypal please visit. www.paypal.com
Design Agents
Custom Graphics.us shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, Custom Graphics.us shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement.
WARRANTIES/ REPRESENTATIONS AND NATURE OF COPY
CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. Client represents, warrants and covenants to Custom Graphics.us that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
No Exclusivity
The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Custom Graphics.us, and Custom Graphics.us shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Custom Graphics.us.
RIGHTS OF OWNERSHIP
Once a project has been delivered by us and is fully paid for by CLIENT, Custom Graphics.us will assign the reproduction rights of the design for the use(s) described in the proposal/ job order.
We reserve the right to photograph and/or distribute or publish for our firms promotional
and marketing needs any work we create for you, including mock-ups and
comprehensive presentations, as samples for our portfolio, firm news letter, brochures,
slide presentations and similar media. We agree to store mechanical boards and
computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that Custom Graphics may be contracted to produce or provide for CLIENT will be subject to the following:
1. Custom Graphics.us and Artdrops LLC reserves the right to refuse any job order at anytime for any reason.
2. Full payment is to be payed before any client work has begun.
3. Once Custom Graphics.us has completed a job, a proof will be sent to the client. The client will either approve the job as complete or ask for up to 2 revisions after the intial proof, making 3 proofs free of charge available to the client. After 3 proofs have been made, any revisions after the intial 3 will charged a $15 revision fee thereafter; which must be payed before any further revisions take place.
4. Until further notice, all payments shall be made through our payment gateway via Paypal with a credit or debit card. We do not except checks or money orders at this time. You do not need to be a member of Paypal in order to make a paymet. All payment invoices will have Artdrops LLC as the receiver. For more information about Paypal please visit. www.paypal.com
Design Agents
Custom Graphics.us shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, Custom Graphics.us shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement.
WARRANTIES/ REPRESENTATIONS AND NATURE OF COPY
CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. Client represents, warrants and covenants to Custom Graphics.us that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
No Exclusivity
The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Custom Graphics.us, and Custom Graphics.us shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Custom Graphics.us.
RIGHTS OF OWNERSHIP
Once a project has been delivered by us and is fully paid for by CLIENT, Custom Graphics.us will assign the reproduction rights of the design for the use(s) described in the proposal/ job order.
We reserve the right to photograph and/or distribute or publish for our firms promotional
and marketing needs any work we create for you, including mock-ups and
comprehensive presentations, as samples for our portfolio, firm news letter, brochures,
slide presentations and similar media. We agree to store mechanical boards and
computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
INDEMNIFICATION
Client agrees to indemnify, save and hold harmless Custom Graphics.us from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Custom Graphics.us shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Custom Graphics.us provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Custom Graphics.us in providing such assistance.
Limitation of Liability
Client agrees that it shall not hold Custom Graphics.us/ Artdrops LLC or its agents or employees liable for any incidental or consequential damages which arise from Custom Graphics.us/ Artdrops LLC failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Custom Graphics.us/ Artdrops LLC or a third party. Furthermore, Custom Graphics.us/ Artdrops LLC disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
THE SERVICES AND THE WORK PRODUCT OF CUSTOM GRAPHICS.US ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CUSTOM GRAPHICS.US, ITS DIRECTORS, OFFICERS, EMPLOYEES, CUSTOM GRAPHICS.US AGENTS AND AFFILIATES (“CUSTOM GRAPHICS.US PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF CUSTOM GRAPHICS.US. IN NO EVENT SHALL CUSTOM GRAPHICS.US BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF CUSTOM GRAPHICS.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ADDITIONAL PROVISIONS
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Pennsylvania applicable to agreements entered into and performed in the State of Pennsylvania. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
These Terms and Conditions may change at any time without prior notice.
Client agrees to indemnify, save and hold harmless Custom Graphics.us from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Custom Graphics.us shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Custom Graphics.us provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Custom Graphics.us in providing such assistance.
Limitation of Liability
Client agrees that it shall not hold Custom Graphics.us/ Artdrops LLC or its agents or employees liable for any incidental or consequential damages which arise from Custom Graphics.us/ Artdrops LLC failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Custom Graphics.us/ Artdrops LLC or a third party. Furthermore, Custom Graphics.us/ Artdrops LLC disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
THE SERVICES AND THE WORK PRODUCT OF CUSTOM GRAPHICS.US ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CUSTOM GRAPHICS.US, ITS DIRECTORS, OFFICERS, EMPLOYEES, CUSTOM GRAPHICS.US AGENTS AND AFFILIATES (“CUSTOM GRAPHICS.US PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF CUSTOM GRAPHICS.US. IN NO EVENT SHALL CUSTOM GRAPHICS.US BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF CUSTOM GRAPHICS.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ADDITIONAL PROVISIONS
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Pennsylvania applicable to agreements entered into and performed in the State of Pennsylvania. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
These Terms and Conditions may change at any time without prior notice.
