TERMS & CONDITIONS OF AGREEMENT
Fallin Graphics (and/or Roger Fallin) reserves the right to change any terms at any time. You should periodically visit our website or for the current terms to which you are bound, also available upon written request.
By entering into any contract or agreement with Fallin Graphics (and/or Roger Fallin) for products and/or services to be provided by Fallin Graphics, including without limitation ordering any products or services through the Fallin Graphics web site (hereinafter referred to as your “Contract” with Fallin Graphics), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”). For purposes of these Terms and Conditions, references to the products and/or services provided by Fallin Graphics shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials, search engine marketing and other design services, and any and all future product or service offerings of Fallin Graphics. If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Fallin Graphics or enter into your Contract with Fallin Graphics. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract. Fallin Graphics reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Fallin Graphics shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
LOGO DESIGN TECHNICALITIES
Colors: The default color model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.
File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines. Other formats can be required upon request such as JPEG, TIFF, EPS, GIF and PDF.
ILLUSTRATIVE LOGOS PROCESS:
Some logo designs may require more than a hand drawn sketch, such as to fabricate into a computer rendering. Fallin Graphics' (and/or Roger Fallin) logo illustration process is as follows:
A 50% Deposit Payment for any and all products and services to be provided by Fallin Graphics (and/or Roger Fallin) is due in advance of the commencement of any work by Fallin Graphics. The remaining balance for all projects and services included in your contract, will be collected upon completion and delivery to you of your final product. However, if you are paying by check or PayPal, pre-payment for all services is required unless a different payment plan is agreed to, in writing, by both parties. Your product will be provided in JPG format via email, upload or in person the email. If the email address you provide is not valid, or is filtered by your email system, Fallin Graphics will not be liable for any late service fees and will not refund clients for this reason. Fallin Graphics shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Fallin Graphics will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.
Final payment is due upon delivery of the contracted product(s) or service(s). If the design process has reached (or exceeded) 50% of the contracted work, supported with justifiable proof (and based on a reasonable and neutral party), then the contracted client IS RESPONSIBLE FOR AND WILL BE BILLED ACCORDING TO THE EQUATED COSTS AND/OR FEES FROM CONTRACTED TOTAL AMOUNT.
In any event, any deposited funds for a project shall not be subject to refund after delivery of the first set of logos. Unless Fallin Graphics (and/or Roger Fallin) cancels or terminates your Contract for a reason other than your breach or non-performance, Fallin Graphics shall not refund any portion of your deposit price. If for any reason a refund is granted, a $100 Consultation fee will be kept by Fallin Graphics, for usual setup services that have been rendered. Under no circumstances will refunds be granted for projects with continuous periods of inactivity of 30 days or greater, be it a lack of contact by the customer or otherwise.
Fallin Graphics will only refund your money if our management team has deemed that Fallin Graphics has not delivered services in an efficient and effective manner as contracted. After you complete a refund request form, and if a refund is approved, our cash refund amount is as follows:
Design Refund Policy: Refunds will not be granted if you have approved and finalized a product(s) before requesting a refund in writing. In no case will the refund amount exceed the pricing of your design. Fallin Graphics (and/or Roger Fallin) will retain any and all deposit amounts less $100 for the first draft, handling and processing fees. Additional design costs to be charged with refund request: $100 for each redraw instance, $50 for each additional revision after draft 1. Please see the Illustrative Logo Process and Payments section above and the Satisfaction Guaranteed Paragraph below for further clarification.
Web Site Refund Policy: Fallin Graphics (and/or Roger Fallin) will retain the following amount: Full deposit amount less $150 for the first draft, setup, handling and processing fees. Additional design costs to be charged with refund request: $50 for each draft after draft 1.
Refunds will not be granted if you have approved and finalized a product(s) before requesting a refund in writing. In no case will the refund amount exceed the pricing of your design.
Print Refund Policy: Fallin Graphics (and/or Roger Fallin) will retain the following amount: Full deposit amount less $100 for the first draft, handling and processing fees. Additional costs to be charged with refund request can include: paper, bluelines, match prints and press plates.
Refunds will not be granted if you have approved and finalized a product(s) before requesting a refund in writing. In no case will the refund amount exceed the pricing of your design.
DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Fallin Graphics (and/or Roger Fallin) shall deliver your product(s) and/or service(s) to you via a mutually accepted method for your review. Fallin Graphics will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 5 business days from the date of delivery to said temporary location to notify Fallin Graphics in writing of your acceptance or rejection of the product and/or service. Your failure to notify Fallin Graphics in writing of your rejection of the product and/or service within said 5 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify Fallin Graphics in writing of your rejection within said 5 day period, including a detailed explanation for such rejection, following which Fallin Graphics will re-consult with you resulting in stringent, clear, illustrative and descriptive instructions to reproduce to said direction. Fallin Graphics shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Fallin Graphics shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written contact from 30 days from the last revision. The project may be re-opened only upon Fallin Graphics’ discretion. Any notification in the Fallin Graphics panel to “finalize”, or written or verbal notification to “finalize” any project (logo design, stationery design, brochure design, graphic design, web design, web development, Search Engine Optimization, etc.) the project will be deemed “finalized” and “completed”. Fallin Graphics will send you a final invoice and your final files via email. Finalization or acceptance of any final files of any project will fulfill Fallin Graphics’ Satisfaction Guaranteed policy. Any logos, brochure, web design or additional graphic design samples that were presented to you, and were NOT finalized, will remain the intellectual property of Fallin Graphics and may not be used in any way by you, the client, without purchasing or receiving explicit written permission from Fallin Graphics.
GRAPHIC DESIGN DELIVERY
Fallin Graphics' (and/or Roger Fallin) standard delivery time for first drafts is five (5) to seven (7) business days. Customers requiring expedited services will require additional rush fees as well as including major holidays fees.
WEB DESIGN PROCESS AND DELIVERY
Fallin Graphics' (and/or Roger Fallin) standard delivery time for your first draft and new concepts is five (5) to seven (7) business days. Our standard delivery time for web revisions is three (3) to five (5) business days. Customers requiring expedited services will require additional rush fees as well as including major holidays fees.
Domain Registration and Hosting: You, the client, are responsible for registering your domain name and for your hosting service. The client may request that Fallin Graphics (and/or Roger Fallin) upload launch the site, in which case we will require your FTP (File Transfer Protocol) information for hosting to include login name and password.
Fallin Graphics is happy to offer our services to obtain/renew your URL, host your site and provide email through our partner Client Server Solutions (css1.net). Please ask for a quote.
Deadlines: Fallin Graphics (and/or Roger Fallin) is not responsible for NOT meeting client imposed deadlines that have not been pre-approved by both parties in writing. Fallin Graphics is not responsible for any delays that occur in meeting deadlines that result in client/customer providing incomplete, partial information/content or for clients providing late/delayed feedback or response.
Completing Your Creative Request (CR): Fallin Graphics (and/or Roger Fallin) require our clients to complete our internal creative request form IN FULL in order to meet your design requirements. If we do not receive a complete CR, we will notify you and will wait to proceed until the creative brief is completed in full. If you, the client, request us to proceed with an incomplete CR, and you are not satisfied with your first draft, you will be required to purchase a second draft.
Content for Your Website: Unless otherwise negotiated with Fallin Graphics (and/or Roger Fallin), the client is 100% responsible for providing the content (wording and information) for your website in a fully prepared format (able to be cut and pasted in to your website). Fallin Graphics is not responsible for editing, spell check or grammar errors. Fallin Graphics is not responsible for delays to your website as a result of the client either NOT providing or providing incomplete content. Content will also include require PHOTOS that you want included on your website. Client is responsible for providing photos or photo direction to Fallin Graphics.
Finalizing Your Design: Once Fallin Graphics' (and/or Roger Fallin) have designed a concept you are satisfied with, you must approve and finalize your concept. After finalization, our web design team will convert your design from an image of your website into HTML. In this phase, it is important to double check your website and make sure you do not require any additional design changes. Although text can be edited after this point, all design changes to headers, navigation bars, or site menus, will incur additional charges.
Converting the website to HTML and Integrating Your Text: Once the concept for the home page has been finalized, Fallin Graphics' (and/or Roger Fallin) web designer will convert the design from an image into an HTML web page, and create the subsequent pages using the content that you have provided. It is at this point your text will be integrated into the website. Turnaround time is 2-3 business days. If you have any additional text changes in the content area of the website, now is time to place them. Once all text is integrated, we will then send you the first functional draft of the website (excluding any development work such as a contact us form or database). You can either approve your site in its entirety, or submit text revisions via your Client Panel. Since HTML or (Hypertext Markup Language) is the standard format for all documents on the World Wide Web, it is imperative that this is done before your site is live. Turnaround time is 2-3 business days. Remember, once this process begins, you will be unable to make design changes without incurring additional charges.
Development: If your project includes any development work, such as a dynamic contact form, or includes database functionality, this will be done after you finalize the functioning HTML draft. Remember we need your FTP information for any site development. After a complete review and test of your site, please finalize through your Client Panel. It is critical that you review, approve, and finalize any development work before your site launches.
Launching Your Site: Once you have finalized and approved all designs and development work. Your site will be launched and will go “live” on to the internet and your site’s native files will be sent to you via email.
PROJECT INACTIVITY PENALTIES AND FEES
Projects which are left inactive (no revision requests, email notification with revision requests, or phone contact regarding the design of any project), without notifying Fallin Graphics (and/or Roger Fallin) prior to, for more than 3 months are subject to an Inactivity Fee in order to re-open your project once you return to complete your project. This fee is used to cover search, project/design re-acquaintance, and designer workload restructuring associated with the project inactivity. The re-open fees are $100/hr for Graphics and/or Web Design/Development.
SATISFACTION GUARANTEED PROVISION
The “satisfaction guarantee” means that all reasonable efforts will be made to create a product that meets your reasonable specifications within the confines of each contract. This means that if you are still not satisfied after the number of redraws to the contracted product(s) you ordered and after all revisions and attempts to resolve have been made to your final logo selection, Fallin Graphics (and/or Roger Fallin) will attempt create a design that will be acceptable to you. However, if a “reasonable person” defined under California law would be satisfied based on the design specifications you set out on the order form, we are not obligated to continue creating logo designs. If you failed to provide “reasonable” direction and/or information that would have assisted the design process, then Fallin Graphics will not be held liable. If Fallin Graphics believes a “neutral and reasonable person” would have accepted the logos/icons/concepts/renderings, your only recourse is to commence arbitration at your expense with an arbitrator sanctioned and approved by the American Arbitration Association or by the Better Business Bureau. Further, you agree that Fallin Graphics’ appearance at said arbitration can be via phone and that the arbitrator can only make a ruling requiring Fallin Graphics to create additional logo designs, refund your amount less the deductions noted in the payment paragraph, or rule that the current designs would have been accepted by a reasonable person. If the arbitrator rules that a reasonable person would not have been satisfied by our designs, Fallin Graphics will comply with any additional designs ordered to be created by the arbitrator.
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Fallin Graphics (and/or Roger Fallin) or refer to Fallin Graphics in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information. Fallin Graphics MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Fallin Graphics WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION. Upon your acceptance of the product or service and Fallin Graphics’ receipt of payment in full therefore, Fallin Graphics will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Fallin Graphics for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Fallin Graphics and accepted by you shall at all times remain the property of Fallin Graphics and you shall have no right in or to such products or services. Fallin Graphics retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Fallin Graphics for display and self-promotional purposes such as online or printed portfolios, regardless of your acceptance and Fallin Graphics’ delivery of the same to you. Fallin Graphics specializes in designing custom logos. We cannot grant requests duplicate any designs that have been previously designed by Fallin Graphics or any other company unless you can provide notarized written notice from an executive member of the company. Fallin Graphics will design a logo with a similar look and feel as the design you requested. Refunds will not be provided to companies who have ordered logos and did not receive an identical design to an already trademarked or designed logo. Fallin Graphics will work with your company to develop an original design you are satisfied with and based on budget, all deadlines, and input of resources or references.
Fallin Graphics (and/or Roger Fallin) reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Fallin Graphics, at any time and without prior notice. You agree that Fallin Graphics shall not be liable to you or any third party for any rejection, cancellation or termination of your order. In the event that Fallin Graphics rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Fallin Graphics will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Fallin Graphics (and/or Roger Fallin) ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Fallin Graphics HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Fallin Graphics MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Fallin Graphics DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Fallin Graphics MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Fallin Graphics (and/or Roger Fallin) OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Fallin Graphics TO YOU, EVEN IF Fallin Graphics HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Fallin Graphics’ LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Fallin Graphics’ PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Fallin Graphics UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
PRINTING LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Fallin Graphics (and/or Roger Fallin) OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not excluding any other printing issues: color variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside of and for Fallin Graphics. This includes any vendors that may be listed on Fallin Graphics web site. Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. Fallin Graphics highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. Fallin Graphics does not provide printing services and therefore will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.
You agree to indemnify and hold Fallin Graphics (and/or Roger Fallin), its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Fallin Graphics in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Fallin Graphics pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of Fallin Graphics (and/or Roger Fallin), including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Fallin Graphics in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Fallin Graphics is strictly prohibited. Copyright © 2011 by FallinGraphics. All rights not expressly granted herein are reserved.
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of California. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in California regarding any and all disputes relating to your Contract or these Terms and Conditions.
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Fallin Graphics (and/or Roger Fallin) regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Fallin Graphics regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Fallin Graphics unless otherwise agreed to by Fallin Graphics in writing. The failure of Fallin Graphics to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
Roger Fallin, Owner Fallin Graphics
email@example.com | 1-714-389-2389 (Mon-Fri, PST)