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| Terms
and Conditions |
| Standard
Terms and Conditions Between The Graphic Studio
and Client rev. 4/14/06 |
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By
placing an order with The Graphic Studio, GSM
Discos, Wiptrax Studio, Freeze Frame Photography,
or any of the other names that you may know us
by that are represented by this web site (hereinafter
referred to as The Graphic Studio) you (the client)
agree to be bound by the following terms and conditions.
Please make sure you have read all of the policies
and terms before placing an order. The client
also agrees to hold The Graphic Studio harmless
for any misrepresentation or failure to perform
or deliver any project submitted by client. If
you do not agree with these terms then do not
place an order with us.
Some work may not be accepted in the sole discretion
of The Graphic Studio. Work not accepted would
be work that is considered either vulgar, inappropriate,
distasteful, or offensive in the sole discretion
of The Graphic Studio. Any work that attacks or
demeans an individual, race, religion, group,
etc. in the sole discretion of The Graphic Studio
will not be accepted. A job is not considered
accepted until this measure has been applied by
The Graphic Studio. Personal or economic rights:
The client also warrants that the work does not
contain anything that is libelous or scandalous,
or anything that threatens anyone's right to privacy
or other personal or economic rights. The client
will, at the client's sole expense, promptly and
thoroughly defend The Graphic Studio in all legal
actions on these grounds in a manner acceptable
to The Graphic Studio as long as The Graphic Studio
notifies the client of the legal action and gives
the client reasonable time to undertake and conduct
a defense. The Graphic Studio reserves the right
to use sole discretion in refusing to print anything
deemed illegal, libelous, scandalous, improper
or infringing upon copyright law. |
PRODUCTION
& TURNAROUND
Our production time begins ONLY after an order
has been "received" and successfully
completed our initial processing. Orders are considered
"received" and are put into production
ONLY when the following five conditions have been
met:
(1) a WORK ORDER has been completely filled out
by The Graphic Studio staff that accurately describes
your project.
(2) all files have been correctly submitted.
(3) the client has approved the online PDF proof
and has given the written approval to proceed
with production and thereby agreeing to our terms
and conditions.
(4) The Graphic Studio will review the content
of the project if necessary to see if it conforms
to standards as described in paragraphs 2 and
3 above.
(5) payment has been made. |
Turnaround
times. We try to produce all projects in an expedient
manner. In some cases we fail to meet our quoted
or specified turnaround time on a project. We
will not be responsible for failure to meet the
quoted or specified turnaround time. If your project
is of a time sensitive nature then we encourage
you to choose another vendor for your project.
After the initial order is placed and your files
have been successfully either uploaded, emailed,
etc., a The Graphic Studio representative will
contact you about your project. The Graphic Studio
is NOT RESPONSIBLE for items that would prevent
the file from being CORRECTLY printed such as
missing files, resolution, color mode, missing
fonts and images, proper bleed, etc. It is also
your responsibility to check backup and pagination
of files, size and trim, folds, perfing and scoring.
Please check the PDF proof returned for your approval
very carefully. You are responsible to detect
errors in the file prior to giving your approval
to proceed. If a new PDF proof is necessary after
one complimentary re-proof due to client error
there is a minimum charge of $20 for re-trapping
and ripping the file and generating a new PDF.
There will not be a charge on your first cycle
of changes, only changes made after the first
cycle. There is no charge if the error is the
responsibility of The Graphic Studio. Once an
order has been approved by the client The Graphic
Studio cannot accept any cancellations. There
are also no refunds, adjustments, or returns after
this point. |
Please
note that your monitor's calibration affects what
you see on your screen. The colors on the printed
project may differ from what you see on your screen.
PDF proofs are meant only as a general representation
of the color on final printed project, but they
do accurately show type treatment, trim marks,
trapping, etc. Please review these carefully.
If this is a re-print of an old order please keep
in mind that The Graphic Studio DOES NOT GUARANTEE
COLOR MATCHING to a previously printed project
or proof. Even if a proof is supplied by The Graphic
Studio we do not guarantee to match it. The proof
is for reference only. Color will be similar but
it will not match the final printed piece. The
Graphic Studio does not guarantee color in any
way. If color accuracy is important to you then
we recommend that you choose another vendor for
your project.
Although we rarely miss production schedules,
the printing and pre-press process involves equipment
which is subject to malfunctions and equipment
failure. We will always do everything in our power
to make sure that any production problems do not
delay your job. However, please note that all
production and delivery times ARE NOT CONTRACTUAL
and no turnaround time can be guaranteed. No verbal
or written correspondence by anyone at The Graphic
Studio can change that. Please try to plan date
sensitive materials with time to spare. The Graphic
Studio WILL NOT incur additional cost to meet
your deadline even if NationWide fails to finish
production at the stated or anticipated time. |
SHIPPING
POLICY:
Most of our projects are shipped via a common
carrier. The client is responsible for the job
once it leaves our location. We do not guarantee
shipping times. The client is responsible for
the relationship with the common carrier. The
title and ownership of the job transfers to
the client once it leaves our location. The
client is also responsible to make any claims
on shipping damage with the common carrier. |
LAYOUT
AND DESIGN
The client must adhere to our layout specifications.
Files that do not follow our instructions will
delay your job and incur extra charges. If the
client employs the services of a third party designer
make sure that all file submission specifications
are understood and followed. The client may contact
a client representative at The Graphic Studio
with any questions the client may have regarding
format and submission specifications.
In the unlikely event that an error has occurred
during the production of a particular job, The
Graphic Studio must be promptly notified of the
problem. A determination will then be made by
The Graphic Studio whether the defect is of such
a nature as to qualify for a discount or reprint.
There will be absolutely no discounts, refunds
or re-prints if The Graphic Studio is not notified
of such defect within 10 days from the date that
a job is shipped to a client. |
PAYMENTS
We accept cash, money orders, certified bank checks,
Visa, Mastercard, and American Express. Company
checks and personal checks may also be accepted
but your project will be delayed while we clear
the check unless other arrangements have been
made in advance.
Once an order has been received by The Graphic
Studio and approved by the client, refunds are
not allowed. Although The Graphic Studio does
archive files for re-orders, please retain a back-up
copy of your files. The Graphic Studio DOES NOT
guarantee that any submitted files will be saved. |
LIABILITY:
Disclaimer of Express Warranties: The Graphic
Studio warrants that the work is as described
in the email approval sent to the client. The
client understands that all sketches, copy, dummies,
PDF files and preparatory work shown to the client
are intended only to illustrate the general type
and quality of the work. They are not intended
to represent the actual work performed. Disclaimer
of Implied Warranties: The Graphic Studio warrants
only that the work will conform to the description
contained in the email approval sent to the client.
The Graphic Studio's maximum liability, whether
by negligence, contract, or otherwise, will not
exceed the return of the amount invoiced for the
work in dispute. Under no circumstances will The
Graphic Studio be liable for specific, individual,
consequential, or other damages. |
INDEMNIFICATION:
The client agrees to protect The Graphic Studio
from economic loss and any other harmful consequences
that could arise in connection with the work.
This means that the client will hold The Graphic
Studio harmless and save, indemnify, and otherwise
defend The Graphic Studio against claims, demands,
actions, and proceedings on any and all grounds.
This will apply regardless of responsibility for
negligence.
COPYRIGHTS:
The client also warrants that the subject matter
to be printed is not copyrighted by a third party.
The client also recognizes that because subject
matter does not have to bear a copyright notice
in order to be protected by copyright law, absence
of such notice does not necessarily assure a right
to reproduce. The client further warrants that
no copyright notice has been removed from any
material used in preparing the subject matter
for reproduction. To support these warranties,
the client agrees to indemnify and hold The Graphic
Studio harmless for all liability, damages, legal
and attorney fees that may be incurred in any
legal action connected with copyright infringement
involving the work produced or provided. |
USE:
From time to time The Graphic Studio may use your
art or completed project in an effort to show
our work to prospective and current clients. This
may be done on our websites, direct mail material,
brochures, cards, flyers, and/or providing actual
samples. We do not intend to suggest that we have
the right to sell your work, we are only showing
samples of our capabilities to prospective and
current clients. We will never charge any party
for these items or samples, nor will the client
receive any compensation for their use. If you
do not want your project to be used or highlighted
in this way then you must tell us clearly in written
form when you submit your order. We will respond
to your request by telling you that we have received
your instructions. If you do not receive a written
response to your instructions then we did not
receive your request. In any case if we inadvertently
or mistakenly use your materials for this purpose
then you agree to hold us harmless against any
claims made due to its use. It is our intent to
follow your instructions accurately. |
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TAXES:
All amounts due for taxes and assessments will
be added to the client's invoice as directed
by the state of Texas and are the responsibility
of the client. No tax exemption will be granted
unless the client's properly filled out "Exemption
Certificate" accompanies the project when
submitted. If, after the client has paid the
invoice, it is determined that more tax is due,
then the client agrees to promptly remit the
required taxes to the taxing authority, or immediately
reimburse The Graphic Studio for any additional
taxes paid. For projects that are shipped out
of state there is no tax due by the state of
Texas under current law, therefor we will not
collect tax on out of state shipments. The client
may still be liable for taxes in your home state.
The client agrees to pay all taxes due in their
home state and also pay any claims made by your
home state against The Graphic Studio in connection
with work performed on your behalf. We encourage
you to inquire with your state comptroller about
tax liability.
DISPUTES:
In the case of a dispute or legal action both
parties (the client and The Graphic Studio)
agree that any action will be filed and litigated
in Tarrant county, Texas. The client also agrees
to arbitration rather than legal action through
the courts. The client agrees to have The Graphic
Studio provide an arbitrator acceptable to both
parties. |
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