These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Fallin Graphics 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you and Fallin Graphics regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions.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.
TERMS & CONDITIONS OF AGREEMENT
Fallin Graphics (also refers to "and/or Roger Fallin" is to be applied to throughout these terms and website entirely) 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 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.
DEPOSITS & PAYMENTS
50% • 25% • 25%:
A 50% Deposit for any service/project to be provided by Fallin Graphics is due prior to the commencement of any project.
A 25% Payment is required after your first proof to continue evolving the project.
A 25% Final Payment is due at the completion of the Contract. Contract balance will be collected upon completion and prior to delivery of final product. If the design process reaches (or exceeds) 50% of the contracted work, supported with justifiable proof by Fallin Graphics, then the contracted client IS RESPONSIBLE FOR AND WILL BE BILLED ACCORDING TO THE EQUATED COSTS AND/OR FEES FROM CONTRACTED TOTAL AMOUNT.
Make payments to either Fallin Graphics or Roger Fallin.
Payments accepted: Check • Zelle Bank Transfer • PayPal w/ Credit Card. See invoice or proposal for links and/or QR code to make your payment(s).
DELIVERY & 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 according to the Contract and scope of work. 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. 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. 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.
CREATIVE REQUEST (CR) FORM
Fallin Graphics 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.
LOGO DESIGN TECHNICALITIES
Colors: The default color model for our logos is the CMYK format unless you specify that you require RGB, B/W, or a specific 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' logo illustration process is as follows:
All conceptual designs and/or logos (in whole or part including icons, concepts, graphics, photos or the like) will remain the intellectual property of Fallin Graphics exclusively.
Fallin Graphics will typically produce up to three (3) hand-drawn sketches of the illustration, which will be based on initial client input.
Includes: Research & design time, all final rights to client, up to three (3) color schemes consisting of up to 4 colors each, up to three (3) fonts options for logo or designs use, up to three (3) file formats in high and low resolutions. Typical timeframe for concepts are 3–5 business days.
If you are not satisfied with the first proof, we will provide a second concept, or “redraw”. Beyond that, additional “redraws” will require additional fees.
Once you approve an illustration, Fallin Graphics shall convert the illustration into digital format. Fallin Graphics will offer three (3) "polishing revisions" included to the final logo chosen. The term "polishing revisions" is meant as minor adjustments to the final design, and not meant as complete new designs. Should you require more than three (3) polishing revisions, additional fees per revision will apply.
If the illustration was purchased as part of another project, and only after the illustration is in digital format, Fallin Graphics will then integrate your company name with the illustration to form the first draft of the logo.
When a logo is finalized and approved, ownership of the agreed upon logo will be transferred to the client.
From this point onward, the logo process will proceed normally to render variations of the logo based on the Contract.
WEB DESIGN PROCESS & DELIVERY
Fallin Graphics' delivery time for your first draft of concepts is subjective to your Contract's scope of work, however it's typical to receive within five (5) to seven (7) business days. Our typical delivery time for web revisions is three (3) to five (5) business days. Customers requiring expedited services can opt for additional rush fees as well as including major holidays fees, please inquire for current rush fees.
Domain Registration & Hosting: If you are using WIX for all website hosting and URL acquiring, you are responsible for registering your domain name for pointing your new WIX website to your domain provider. You may request Fallin Graphics assistance with this process.
Content for Your Website: Unless otherwise negotiated with Fallin Graphics, 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. You are responsible for providing all imagery to Fallin Graphics such as photos/images/custom existing graphics.
Finalizing Your Design: Once the design concepts for all your webpages have been finalized, Fallin Graphics' web designer will convert their designs into a WIX webpage styles and formats using the content that you have provided. It is at this point your text will be integrated into the website. 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 live draft of the website (excluding any development work such as a contact us form). You can either approve your site in its entirety, or submit text revisions. Remember, once this process begins, you will be unable to make design changes without incurring additional charges. Although text can be edited after this point, all design changes to headers, navigation bars, or site menus, will incur 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 draft. Remember we need your FTP information for any site development. After a complete review and test of your site. 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!
Deadlines: Fallin Graphics 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.
PRINTING TERMS & CONDITIONS
Terms of Sale: Full payment, including shipping and handling is required with order. No work will be processed until payment is received. No refunds once your order has been processed. No partial refunds for work not completed.
Refund Policy: All sales are final. No refunds are available on orders unless work has not been processed and the refund is requested the same business day order is placed. In the case of a refund on an unprocessed order, a $30 processing fee will be charged .
Creating Artwork: Please note that Typesetting and Design work are NON-REFUNDABLE. Even if the customer cancels the print order, they will be responsible for paying the full or partial cost depending on how much time our designers have spent on the project.
Files: The customer is 100% responsible for the digital files supplied for printing. If your file is not submitted properly, Fallin Graphics will not be held responsible. Due to the large amount of customers files received each day and to maintain our stated production schedules, submitted files run through our automated processing system which prohibits each file being manually checked. Fallin Graphics will not double check your files.
Color Proofs: A color "Hard Copy" proof is required on all orders where the artwork is provided by the client and/or the order is color critical. Because of differences in equipment, processing, proofing, paper, inks and other conditions between color proofing and production press room operations, a reasonable variation in color between color proofs and completed job shall constitute acceptable delivery. If client does not have a proof, a color match proof must be purchased.
Color Accuracy: We will reproduce color from submitted images, transparencies, slides, photos, or digital layouts as closely as possible, but cannot exactly match color and density (as viewed in a 5000K color controlled light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is to be within 90% of the original image you submitted. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.
Indemnification: The customer will indemnify and hold harmless Fallin Graphics, from any and all incidental losses, costs, expenses and damages on any and all manner of claims, demands, actions and proceedings that may be instituted against Fallin Graphics on the grounds alleging that said printing violates any copyright or any proprietary right of any person, business or corporation.
Turnaround: Most Jobs submitted by 2pm PST (Pacific Standard Time) that meet our digital file guidelines and include full payment will be printed within the stated turnaround time depending on the type of work. Business days are Monday to Friday and do not include weekends or holidays. Orders submitted on Saturday, Sunday or holidays will begin on the next business day. Fallin Graphics is not responsible for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Orders may not be ready on time due to unforeseen circumstances such as breakdown of equipment, power outages, etc. Therefore turnaround times are not guaranteed.
Changing Files: As a courtesy to our customers, Fallin Graphics allows replacement of files sent to the press but not yet printed depending on the job status. We will also make small adjustments to bleeds, sizes and color if files do not meet our guidelines.
Complaints: All complaints must be registered within 24 hours of receipt of job. Should the job contain manufacturing errors, we will rerun at no charge. We maintain the right to judge what a manufacturing error is.
Over & Under Run: Not to exceed 10% on quantities ordered, or the percentage agreed on, Fallin Graphics will bill for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities, client must let their Fallin Graphics Account Executive know when order is placed.
Sales Tax: All California orders are subject to sales tax. If customer is tax exempt, exemption certificate must be sent or faxed to us with the first order.
Materials & Samples: All materials we create in producing your job are the property of Fallin Graphics. These materials will not be sold or given to any other party. We reserve the right to distribute free samples of your work and use it in our advertising.
Customer supplied print ready files will be archived for 30 days from the invoice date. If Fallin Graphics creates the artwork for the client, we will keep the files for one (1) year. Customers can request copies of their artwork for a discounted hourly rate. Final artwork will contain all files collected and created, layered and all fonts. Files must be requested within 30 days of invoice date, after 30 days files will be remove from our server and archived. If customer requires files after 30 days, there will be hourly fee per file to prepare. We reserve the right to delete files from inactive customers. We will NOT release layered files, stock images or fonts used for the project unless customer asks for it before the project is started and the price is adjusted accordingly. THERE'S NO CHARGE TO LOCATE FILES IF THE CUSTOMER IS PLACING A REPRINT ORDER FOR THAT JOB.
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 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 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.
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 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 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 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, 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 & TRADEMARK NOTICES
All intellectual property of Fallin Graphics, 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 ©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.
REFUNDS – SERVICES
Initial 50% Deposit: Related to any Fallin Graphics service, no deposit or payments, in whole or part, will be refunded after delivery of the 1st proof.
If the initial stages work on a Contract is cancelled/terminated by either you or Fallin Graphics, for any reason, Fallin Graphics is not required to refund any portion of your 50% deposit.
Fallin Graphics 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, termination, or refunds of your order.
Second & Third 25% Payment(s): If termination occurs anytime after the next two 25% payments were completed, any cash return will only be in direct proportion of work completed. In no case will the refund amount exceed the agreed Contracted price.
Contract Inactivity: If communication between you and Fallin Graphics is left inactive for 30 days, for any reason (including no revision requests, email notification with revision requests, or phone contact regarding the design of any project), Fallin Graphics is not required to refund any portion of your deposit.
After 30 days (1 month) of inactivity, any deposits or payments are made to Fallin Graphics (and/or Roger Fallin) will be: 1) held as credit for an additional 150 days (5 months), 2) will loose any privileges associated with original contract (such as priority client benefits), 3) require rescheduling all job aspects, 4) will be subjected to any Fallin Graphics rate changes.
After the total of 180 days of held credit due to your inactivity, you agree to forfeit any and all payments or credit and the Contracted Project will be terminated.
Inactivity Fee: You are subject to an Inactivity Fee to re-open your project once you communication restarts to complete your project. This fee is used to cover search, project/design re-acquaintance, and designer workload restructuring associated with the project inactivity. Please inquire for current re-open fees.
Consultation Fee: If for any reason a refund is granted, a minimum of 20% Consultation Fee will be kept by Fallin Graphics for setup time/services that have been rendered. Please inquire for current Consultation fees.
Refund Request Form: You must request and complete a refund request form to begin this process. Fallin Graphics only provides refunds if our management has deemed that Fallin Graphics has not delivered services in an efficient and effective manner as contracted. Attorney fees may be applied.
REFUNDS – THIRD PARTY VENDORS
Fallin Graphics requires full payment of any third party vendor(s) quotes prior to submitting for their services.
Please consider the time to transfer your payment(s).
Refunds will not be granted if you have provided written or verbal approval for submission to our vendor.
Additional costs that can accumulate may be excluded from refund include and not limited to costs of: vendor securing paper, printing match prints, or creating press plates, etc.
Please see the Satisfaction Guaranteed paragraph below for further clarification.
Any questions concerning these Terms & Conditions should be directed to:
Roger Fallin, Owner | Creative Director, Fallin Graphics
email@example.com | 949.648.0511 (Mon-Fri, 9am – 6pm PST)