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General Information
In the event that any provision contained in these Terms
and Conditions or in any other collateral agreement or
document between Graphic Communications and the Buyer is
deemed illegal or unenforceable, then such provision shall
be deemed to be excluded therefrom, but only to the extent
required to remedy the illegality or unenforceability,
and these terms and conditions and such collateral documents
shall in all other respects apply in accordance with their
stated terms.
Payment Terms
Graphic Communications' standard terms of payment are
50% deposit with order, the balance due on completion.
If payment is not made on due date, then Graphic
Communications may charge interest on the overdue
amount calculated on a daily basis from the due date
until actual payment. This interest charged shall
be at a rate of 2% per calendar month, but calculated
on a daily basis on the amount outstanding from time
to time. The Buyer will, in addition, be liable to
pay all expenses and costs (including legal costs
as between solicitor and client) in relation to the
recovery of any overdue amount or of any other remedy
sought by Graphic Communications, whether or not
such action is successful. Late payment interest
shall accrue after as well as before judgment. Should
Graphic Communications' bankers dishonor a Buyer's
check, then the Buyer agrees to pay to Graphic Communications
on each and every occasion a $25.00 administration
charge.
Prices
The prices of goods or services supplied are as shown
on Graphic Communications' quotation, acceptance
order, invoice, or other document. Graphic Communications
reserves the right to charge for delivery, in addition
to the amount shown in the quotation, acceptance
of order, or other document. In addition, installation or
vinyl removal charges, which may in the
first instance be an estimate based on information
supplied at the time of quotation, may be adjusted
to reflect the full cost incurred once these aspects
have been completed.
We at Graphic Communications reserve the right to
refuse business that we believe to be a conflict of
interest with our company image.
Order Cancellations
Graphic Communications will cancel your order at your
request. However, our customer-service representative
will inform you of any cancellation charges depending
on the stage of the order. If a job is canceled, any
labor hours accumulated (proofs, design services,
etc.) or administrative fees will be subtracted from
your refund. A minimum of $25 or 15%-30% of total transaction
(whichever is greater) will be charged for canceled
orders. No refunds are given for logos, design services,
or completed illustrations.
Returns and Refunds
Once a project is completed, it has no resale value
to Graphic Communications and therefore, we can offer
no refunds. ALL SALES ARE FINAL. There are no refunds
or credit. If we verify that we are responsible for
any defects, we will re-accomplish the order to meet
the original parameters of the commissioned project.
Customers must notify Graphic Communications, Inc.,
within 5 business days of acceptance of the order to
call out any defects in the finished product. In order
to receive replacement, Customer must return 100% of
the received product within 15 days (at his or her own expense)
from the time when the ordered product delivery was
taken. Charges related to Priority Orders (rush orders)
are NOT refundable (nor will credit be given). This
includes orders that are returned for any reason.
Responsibility of Proofing Materials Sent
You as the client are responsible for proofing content,
spelling, images, graphics, or logos before submitting
project material to Graphic Communications, Inc., (www.graphiccom.com).
Estimates
Invoices or proposals submitted are used for an estimate
or assignment confirmation; the fees and expenses
shown are minimum estimates only. Final fees and
expenses shall be shown when invoice is rendered.
The Client’s approval shall be obtained for
any increases in fees or expenses that exceed the
original estimate by 10% or more.
Incorrect Address Supplied By Customer
When a package is not delivered due to an error made
by the customer in submitting the proper shipping
address, Graphic Communications, Inc., will reship
the package with corrected address and charge an
additional shipping fee for the shipment. |
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Website Terms
Progress Reports
The Developer shall contact or meet with the Client on
a mutually acceptable schedule to report all tasks
completed, problems encountered, and recommended
changes relating to the development and testing of
the Website. The Developer shall inform the Client
promptly by telephone upon discovery of any event
or problem that may delay the development of the
work significantly.
Changes
The Client shall be responsible for making additional
payments for changes in the original assignment requested
by the Client. However, no additional payment shall
be made for changes required to conform to the original
assignment description. The Client shall offer the
Developer the first opportunity to make any changes.
Changes will be accomplished in a timely manner after
all content is received. Minor changes are allowed
to the agreed-upon original assignment within the
warranty period of one month after the completion
of the Client's Website. Such changes during the
warranty period shall not exceed minor copy or image
placement. Substantial changes to original quote
will be billable at $25.00 per hour with a minimum
charge of one hour.
Testing
The Developer will make every good-faith effort to
test all deliverables thoroughly and make all necessary
corrections as a result of such testing prior to
handing over the deliverables to the Client. Upon
receipt of deliverables, the Client shall either
accept the deliverable and make the milestone payment
or provide the Developer with written or verbal notice
of any corrections to be made and a suggested date
for completion, which should be mutually acceptable
to both the Developer and the Client.
Website Maintenance
The Developer agrees to provide the Client with reasonable
technical support and assistance to maintain and
update the Website on the Internet during the Warranty
Period of one month at no cost to the Client. Such
assistance shall not exceed 3 hours per calendar
month. After the expiration of the Warranty Period,
the Developer agrees to provide the Client with reasonable
technical support and assistance to maintain and
update the Website on the Internet for an hourly
fee of $25.00 for a period to be determined by both
Client and Developer. Such maintenance shall include
correcting any errors or any failure of the Website
to conform to the specifications. Maintenance shall
not include the development of enhancements to the
originally contracted project.
Warranty of Originality
The Developer warrants and represents that to the
best of his/her knowledge, the work assigned hereunder
is original and has not been previously published
(unless template is used and called out in the scope
of the project) or that consent to use has been
obtained on an unlimited basis; that all work or
portions thereof through the undersigned from third
parties is original or, if previously published,
that consent to sue has been obtained on an unlimited
basis; that the Developer has full authority to make
this agreement; and that the work prepared by the
Developer does not contain any scandalous, libelous,
or unlawful matter. This warranty does not extend
to any uses that the Client or others may make of
the Developer’s
product that may infringe on the rights of others.
CLIENT EXPRESSLY AGREES THAT IT WILL HOLD THE DEVELOPER
HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S
USE OF THE DEVELOPER’S PRODUCT TO THE EXTENT
SUCH USE INFRINGES ON THE RIGHTS OF OTHERS. |
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