TERMS OF SERVICE:
Any and all transactions between UnderInk and its customers are subject to these terms and conditions. Materials shall be paid in advance and prior to commencement of any work.
Payment forms include money order, cash, company check and credit card. Credit card transactions will be subject to a 3% convenience fee.
Final payments shall be due for each project within ten (10) days of production and completion.
Customer agrees to pay all costs of collection in the event of default of payment by Customer, including reasonable attorney’s fees and costs. In the event of delinquent payments, the Customer shall be charged a rate of 1.5% per month. Venue for any dispute regarding the enforcement of this agreement shall be Sacramento, California.
Customer agrees that any additional work or materials not specifically set forth in the invoice are an extra which shall be billed and charged by UnderInk at its regular prices including, but not limited to, hourly rates for labor and services of $75.00 per hour and costs for goods and materials at costs plus twenty percent. Customer agrees that it shall pay for all extras billed and charged by UnderInk within days (10) of invoice and subject to a late charge of 1.5% of the total invoice per month until balance is paid.
The terms of this invoice are good for a period of ten days at which time if not accepted shall be subject to change. All invoices and agreements are subject to the accompanying General Terms and Conditions.
GENERAL TERMS AND CONDITIONS
Condition of Projects For Production
Customer agrees to have all projects submitted for production at Customer’s sole costs and expense, damage free and in ready-to-print condition. Neither UnderInk nor its designated agents or subcontractors shall be responsible for any damage sustained to any project post-delivery. Any damage sustained to a project prior to delivery will be noted by UnderInk and/or its designated agents or subcontractors upon delivery and such damage will excuse and invalidate the warranty provided by UnderInk. Customer shall be responsible and bear the risk of all loss for any project post-delivery. If a project is delivered to a designated location in a damaged condition, Customer shall have the project repaired or replaced, at its sole discretion, and its sole costs and expense. UnderInk shall have no obligation to produce a damaged project unless instructed by Customer to do so otherwise in which case Customer waives and releases UnderInk from any warranty provided herein. If a project is not delivered to UnderInk in ready-to-print condition, UnderInk shall charge, and Customer shall pay to UnderInk an additional extra charge to be calculated by UnderInk on an individual project basis prior to production.
Artwork
UnderInk is not responsible for errors in spelling, color, or design in regards to any and all artwork submitted by the client to UnderInk It is assumed that all artwork submitted to UnderInk by the client has been approved by client prior to submission and is production ready. All artwork created by UnderInk will be submitted to client via a digital proof for approval. Prior to any printing all digital proofs must be approved by signature and returned to UnderInk via fax, mail or email. Upon approval, UnderInk will not be held responsible for any errors or omissions in regards to spelling, color or design.
Ownership of Artwork
All services provided by UnderInk under this Agreement shall be for the exclusive use of the client. Upon full payment of all fees and expenses, reproduction rights for all approved final designs created by UnderInk for this project shall be granted. All original artwork/files created by UnderInk or parts contained therein, whether preliminary concepts or final visual presentation remains the property of the UnderInk and may not be used by the client without the written permission of UnderInk. UnderInk retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, on-line posting on UnderInk’s website, social media and physical portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
Appearance and alterations
Client understands that the product purchased is a produced project. It is also understood that depending on the project materials, there may be variations in consistency, contours and irregularities. It is also understood that upon approval of final graphic proofs, some changes to the finalized artwork may be necessary at time of production to allow the project design to fit the project’s shape. Client authorizes UnderInk to make such necessary changes.
Receipt of Completed projects
Customer shall receive and take delivery of any project when the production has been completed at its sole costs and expense. Customer shall bear all risk of loss for any project after completion of the production. Any project not received after completion will be subject to an additional charge and per-day storage fees to be calculated by UnderInk on an individual project basis.
Cancellations
Cancellations within 3 business days are subject to a production fee to be calculated by UnderInk on an individual project basis. Rescheduled projects are subject the next available production date.
Indemnity by Customer
Customer agrees to indemnify and hold UnderInk harmless form any and all claims, causes of action or damages caused by Customer and/or its agents or subcontractors including reimbursement of reasonable attorney fees and costs.
Severability
In the event any portion of a provision of this agreement is deemed to be invalid or unlawful, the remainder of such provision and all other provisions shall remain in full force and effect and binding upon the parties.
Counterparts
This agreement may be signed in any number of counter parts including by way of facsimile and all of which shall be deemed an original and one in the same.
Integration and Amendments
This agreement constitutes the full and final understanding of the parties. The parties agree that there are no other agreements or understandings by and between them except as reflected and memorialized in this agreement and that they are not relying upon any other oral statement or understanding outside of this agreement to enter into same. This agreement cannot be modified or amended unless agreed to in a writing signed by the parties.
Time is of the Essence
Time is of the essence for each and every performance required under this agreement. The waiver of any timely performance or obligation required under this agreement shall not constitute or be deemed a waiver of any right to demand or require timely, prompt and compliant performance in the future.
Effective Date: November 1, 2016 | Last Revised: November 1, 2017
