Terms And Conditions

The following Terms and Conditions of Service apply to all products and services provided by The Promo Pack & MC Circle Productions LLC (hereinafter referred to as TPP) and in the event of any dispute are governed by the laws of The United States.

All work is carried out by TPP on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by TPP 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of TPP, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, TPP will provide the customer with a written estimate or quotation by invoice or as listed on our site or any other appropriate means by TPP. These Terms and Conditions can be read at any time on the TPP website.

For the avoidance of doubt, the TPP & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Source Files

We will supply proofs as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Invoice or purchase from TPP’s website prior to final publication, whichever is deemed necessary by the owner of TPP. At this time the amount due will become payable.

All purchases are valid for 90 days unless otherwise specifically agreed in writing with TPP and includes an estimate completion date. After 90 days if the customer has not submitted or is non responsive to TPP’s request for the materials needed to fulfill your project (sent via email to the customers on file email), your purchase will be voided.

Publication and/or release of work done by TPP on behalf of the client, may not take place before cleared funds have been received.

Refunds

After TPP has started on your project there will be no refund for that purchase. The start of the project is marked after TPP has sent questionnaire email to the customers on file email. Time is set aside for that customer to work on that project and will be added to our new project queue immediately after purchase. Since TPP has taken the time to create, and set time aside time essentially for the client we cannot offer the client a refund on newly purchased projects or projects that have already began. Digital products are different from tangible products because they hold thoughts and ideas of the client and of TPP. They also are marked by the time it takes to create and not by a tangible product. Recreation of these ideas or any similarities of what TPP has created and punishable by law and another reason why refunds will not be processed.

Customer can receive a coupon of store credit in the amount of their order as deemed acceptable by TPP. This store coupon is granted after TPP has verbal communication with the customer. If granted, this store credit must be used within 90 days of customers original order. We will send this store credit coupon to the email on file. Project are paid for with store credit coupons are still subject to the “Defaulting Projects” Terms and Conditions.

If the client is not pleased with their project, TPP will set up a consultation call with the customer to assure that motives are the same. We will work with the client through specified revisions as stated per project. Additional revision will come at an additional price.

Defaulting Projects

The customer can reinstate their project with TPP. The cost is of reinstatement is 50% of what was originally paid to TPP. After Reinstatement Fee is paid, the customer will then have an additional 90 days to submit what is needed for their project. If the customer is non respondent after reinstatement fee is paid after those 90 days we will cancel the customers order. We then will refuse service to this customer for future projects. There will be no refunds for this project or for the reinstatement fee.

An account shall be considered default if it remains unpaid for 30 days from the date of payment. TPP shall be entitled to remove TPP ‘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, , design and maintenance, graphic design, printed materials, and any other worked as described by TPP. Your order will be canceled and TPP with treat any partial payments as a retainer fee.

Customers whose accounts become default agree to pay all TPP ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to TPP for inclusion in the customer’s 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 TPP on behalf of the customer, will remain the property of TPP and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from TPP, the necessary permission to use materials (for which GTPP holds the copyright) in forms other than for which it was originally supplied, and TPP may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not TPP.

By supplying images, text, or any other data to TPP, the customer grants TPP permission to use this material freely in the pursuit of their design.

Should TPP, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, graphic design 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 TPP to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold TPP 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.

Alterations

TPP offers revisions (with the number of revisions differentiating) for its products and services, the customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge after the allowed number of revisions. Those charges will be different per project and or service.

The customer also agrees that TPP holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any graphic design, copywriting, drawing, idea or code created for the customer by TPP, is licensed for use by the client and may not be modified, re-used, or re-distributed in any way or form without the express written consent of TPP. Breach of this provision will result in legal action that TPP deems appropriate.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

TPP will not be held responsible for any and all damages resulting from such claims.

TPP is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold TPP responsible for any such loss or damage.

Any claim against TPP shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to TPP’s definition of acceptable means of supplying data to the company.

Text is to be supplied to TPP in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by TPP via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and TPP will not be held responsible for any image quality which the client later deems to be unacceptable.

TPP 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, colour correction and alteration of images

Design Project Duration

Any indication given by TPP of a design project’s duration is to be considered by the customer to be an estimation. This is if the customer has submitted and has been responsive to TPP’s request for the materials needed to fulfill your project . TPP cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by TPP for the initial payment or by date confirmed in with the submitted materials to TPP.

Rights of Access for Website Construction

The customer also agrees to allow TPP 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 TPP with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner

Design Project Completion

Glazier Design considers the design project complete upon receipt of the customer’s Approval signoff via email. Other services either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, TPP will provide the customer with the opportunity to review the resulting work. TPP will make one set of minor changes at no extra cost within 7 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to TPP by e-mail. Changes to format or structure of the site will result in additional charge

TPP will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 7 days of the start of the review period.

Hosting websites

TPP offers a limited hosting services through an out-sourced virtual server. TPP does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Sites that have been purchased, design, and hosted by TPP offers 1 year of hosting service. After that year we will send a request for optional hosting renewal. If the customers declines to renew hosting with TPP the domain purchased by TPP for the customer will still be the property of TPP. Fees for hosting on TPP virtual server are due at the commencement of any period of service and are non-refundable.

This excludes website revamps that are not hosted by TPP.

Fees due to third party hosting organizations are the responsibility of the client and TPP are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

Domain Registration

TPP cannot guarantee the availability of any domain name. Where TPP is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, TPP cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. TPP recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Logo Design

TPP grants a license of use for all logo designs created by TPP. However, your logo design is the copyrighted intellectual property of the TPP. Only the final approved logo design by TPP and the customer is licensed for use by the client. Any logo design, logo proof, or logo revision may not be modified, re-used, or re-distributed in any way or form without the express written consent of TPP. Breach of this provision will result in legal action that TPP deems appropriate.

The customer is granted the right to use the Logo Design in all media useful for business promotion. TPP reserves the right to display the logo in portfolios and promotional displays.

The customer will indemnify and hold harmless TPP of any characters or graphics that is submitted by the customer for use in the logo design.

The customer agrees to fully indemnify and hold TPP free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.

Any claim against TPP shall be limited to the relevant fee(s) paid by the customer.

Design Credits

The customer agrees to allow TPP to place a small credit on printed material exhibition displays, advertisements and/or a link to TPP 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 TPP to place websites and other designs, along with a link to the client’s site on TPP own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

TPP will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. TPP also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that TPP does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow TPP to remove the contravention without hindrance, or penalty. TPP is to be held in no way responsible for any such data being included.

Disclaimer

TPP makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. TPP will not be held responsible for any and all damages resulting from products and/or services it supplies. TPP responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold TPP responsible for any such loss or damage. Any claim against TPP shall be limited to the relevant fee(s) paid by the customer.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. TPP reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by TPP, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at thepromopack.com