Terms and Conditions »
Terms and Conditions »
The following Terms and Conditions of Service apply to all products and services provided by XD (XD).
All work is carried out by XD on the understanding that the client has agreed to XD's terms and conditions.
Copyright is retained by XD on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by XD as fulfilling the contract. All other designs remain the property of XD, unless agreed in writing that this arrangement has been changed.
At the time of proposal, XD will provide the customer with a written or electronic estimate/quotation. The Terms and Conditions can be read on XD's website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to XD. Alternatively, the client may send an official order in reply (via email, postal mail, phone or fax) to the estimate or quotation which binds the client to accept XD's terms and conditions. No work on a project will commence until either document has been received by XD.
1. TURNAROUND TIMES ARE NOT GUARANTEED
All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several different things that can go wrong with the printing process that are out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time. Expedited services are available for an additional cost and these services are guaranteed, with the exception of delays caused by third party shipping.
2. COLORS ARE NOT GUARANTEED
Because of limitations with our printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed and by placing an order with us you agree to this limitation. We accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a refund or reprint be honored for color variations that have occurred during the printing process.
3. CUTTING & SIZE LIMITATIONS
Because of limitations with our printing process, the accuracy of cutting is not guaranteed and by placing an order with us you agree to this limitation. All jobs are printed at the size that is ordered, but they are cut inside slightly to avoid excess from the job next to it. We accept no responsibility for size variations below or above 1/16" to 1/8". The cuts can also slide up, down, left, or right 1/16" to 1/8" in either direction. So we strongly recommend that you do not use borders on your print job. Since the cuts me be off slightly by as much as 1/8", folds, perforations, and score lines may also be off by as much as 1/8". Under no circumstances will a refund or reprint be honored for cutting or size variations that have occurred during the printing process within these specifications.
4. QUANTITY VARIATIONS
Most of the time we will print slightly more than what you ordered, for no additional charge. As printing industry trade standards allow for underages of up to 10%, sometimes we will print slightly fewer pieces than you ordered. If you are doing a mailing and need to receive the exact amount ordered, it is best to communicate this to someone in our production department at the time you place your order. Under no circumstances will a refund or reprint be honored for a quantity that was shorted less than 10%.
5. COPY & DESIGN ERRORS
XD considers the design project complete upon receipt of the customer's approval whether by mail, email, fax or verbal communication. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Please take note, that by the time your job is ready for print, all edits should be finalized, the copy carefully proofread and all design issues should be settled. We WILL NOT TAKE RESPONSIBILITY for any copy or design errors committed on your part. We are also not responsible for any wrong dates, misspelled words or grammatical errors on jobs approved by customer upon design completion. Under no circumstances will a refund or reprint be honored for an error in the file submitted or the design that was approved.
6. WEB HOSTING NOTICE
XD does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will XD be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if XD has been advised of the possibility of such damages.
We may request that clients change the type of hosting account used if that account is deemed by XD to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
7. DOMAIN REGISTRATION
XD cannot guarantee the availability of any domain name. Where XD is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
8. DESIGN CREDITS
The customer agrees to allow XD to place a small credit on printed material exhibition displays, advertisements and/or a link to XD's own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow XD to place websites and other designs, along with a link to the client's site on XD's own website for demonstration purposes and to use any designs in its own publicity.
9. RIGHTS OF REFUSAL
XD will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. XD also reserves the right to refuse construction of certain page elements that may put our websites at risk or compromise personal data (i.e. forms or databases containing personal information without the purchase of an SSL Certificate). XD may offer a waiver to client that removes liability of damages incurred if SSL Certificates are not purchased.
All advertising material must conform to all standards laid down by all relevant advertising standards authorities. XD also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that XD does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow XD to remove the contravention without hindrance, or penalty. XD is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, XD will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by XD within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Please note that projects given final approval for printing ARE NOT SUBJECT TO CANCELLATION. Once final approval is given for print, either through verbal, written or electronic confirmation, print orders cannot be cancelled or modified in anyway.
11. DIRECT MAIL DISCLAIMER
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall XD be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, XD direct mail materials. If you are dissatisfied with any XD direct mail material, or with any of XD terms and conditions, your sole and exclusive remedy is to discontinue doing business with XD.
This agreement is effective until terminated by XD, at any time without notice. In the event of termination the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Terms & Conditions of List Purchases, Data Enhancement Purchases and Direct Mail Services
We require the buyer to use this information in compliance with any and all applicable Federal and State laws, rules, and regulations, including but not limited to those concerning fax broadcasts, e-mail transmissions, and direct marketing. Any person violating such laws may be subject to civil and criminal penalties, which may exceed $500 for each transmission of an unsolicited facsimile. Buyers will abide by the current business practices respecting the privacy of consumers and will not imply to an individual that any specific information is known about that individual. Buyers may rent information for confidential use by the Buyer within one year from the date of rental to the Buyer.
Except with written consent, the Buyer shall not:
- » Use or permit the use of the information for generating any statistical information which is sold, rented, published, furnished or in any manner provided to a third party;
- » Use or permit the use of the information for generating any statistical information data bases, which is sold, rented published, furnished or in any manner provided to a third party.
- » Use or permit the information in connection with individual credit, employment or insurance applications.
- » Rerent the information or otherwise permit any use of the information by or for the benefit of any party other than Buyer;
- » Publish, distribute or permit disclosure of the information, other than to employees and agents of the Buyer for internal use in the Buyer's business.
- » Use or permit of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising, or other compilation of information which is sold, rented, published, furnished or in any manner provided to a third party.
All lists are delivered at the time of sale. We do not warrant the comprehensiveness, completeness, or accuracy of its databases or the lists. The databases and lists are provided to customer "as is" without guarantee, and we make no express or implied warranties, including, without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. We shall not be liable for any consequential, incidental, special damages, lost profits or any damages of a similar nature, even if we have been advised of the possibility of such damages. All mailing list sales are final.
By purchasing a list from XD, you are recognizing that you understand these terms and conditions apply to all list purchases made through XD.
When utilizing our Mailing Services in no case will XD be liable for special, incidental, or consequential damages of any kind. XD's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. XD shall not be liable for USPS performance failures or delivery delays. XD accepts no responsibility for any additional services performed outside of XD, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services.
The client agrees to XD's definition of acceptable means of supplying data to the company.
Text is to be supplied to XD in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by XD via CD-ROM or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and XD will not be held responsible for any image quality which the client later deems to be unacceptable. XD cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by XD of a design project's duration is to be considered by the customer to be an estimation. XD cannot be held responsible for any project over-runs, whatever the cause.
Rights of Access for Website Construction
The client agrees to allow XD all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow XD access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply XD with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Our current rate for graphic design services is $80 (USD) per hour, billed in 15 minute increments with a 15 minimum on all projects. While estimates of total design maybe given on a project prior to work being started, final design charges are based on the actual time spent on the project, rounded up to the next 15 minute increment. These estimateds are based on past experience and are just an estimate. Actual time may vary. Design charges include actual graphic design services as well project consultation meetings wither in person, phone or email. However, initial project discussion is not subject to this charge.
Extra Design Charges for Flat Rate and Pre-Quoted Projects
All flat rate or pre-quoted design charges are based on initial concept and a "reasonable" number of revisions. Revisions to flat-rate and/or pre-quoted projects that xclntDesign deems excessive could be subject to additional design charges or termination of project. In either case, the client will be notified in writing, via telephone, fax or e-mail that the design revisions are becoming excessive and are subject to additional fees and/or project termination. If the client refuses to accept additional fees for the project, the project will be terminated immediately and all charges the client has incurred to that point will become due.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable 30 days from project completion, with some exceptions.
Charges for the purchasing of stock art are not included with any project proposal. Photography and illustration is considered to be 'client provided' in terms of project cost proposals. If stock art, illustrations or photography services are needed, they are available at an additional charge. Those charges are billed as the following: Stock Art Purchase $25 per image, Photography $20 per 15 minutes (including travel time), Illustration $20 per 15 minutes.
All projects completed by XD, are to be paid in full prior to delivery of final electronic product or prior to print projects being put into print production unless otherwise agreed upon beforehand in writing. In the event that work is postponed at the request of the client or through non-communication of project details, XD shall have the right to bill pro rata for work completed, while reserving all other rights under the Agreement.
If multiple invoices are outstanding, payments will be applied to the oldest outstanding invoices first, unless other arrangements have been made with our billing department
Payments may be made by cash, check, money order or credit card..
Publication and/or release of work done by XD on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $25 per returned check. XD reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. XD shall be considered entitled to remove XD's and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay XD reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Re-posting of material to computer systems maintained by XD is subject to a re-posting fee of $100 dollars and any outstanding balances due.
Any account deemed to be in default will result in suspension of any current or future projects through xclntDesign until the account is brought current.
Copyrights and Trademarks
By supplying text, images and other data to XD for inclusion in the customer's printed material, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by XD on behalf of the customer, will remain the property of XD and/or it's suppliers.
The customer may request in writing from XD, the necessary permission to use materials (for which XD holds the copyright) in forms other than for which it was originally supplied, and XD, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to XD, the customer grants XD permission to use this material freely in the pursuit of the design.
Should XD, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow XD to remove and/or replace the file on the site.
XD requires that all submitted artwork from clients be accompanied with proof of model release of royalty free status. The customer agrees to fully indemnify and hold XD free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that XD holds no responsibility for any amendments made by any third party, before or after a design is published.Rules For Online Conduct
By using the service, you agree that you will not attempt to undermine the integrity of the XD web site.
Right to Subcontract
XD shall have the right to assign any portion of the work required to another contractor.
XD may use your product for samples or advertising purposes.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
XD may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise. This policy was updated on January 1, 2012.
If you have any other questions regarding the terms, proper sizing, color mode, resolution, bleed and live area, please contact us at 352-787-2379 or send an email if you have any further questions regarding your order, technical specifications or any off-set printing terms.