By ordering custom imprinted products, including printing, from Gonzo Strategies (Designer) you (Client) agree to the following terms and conditions.
1. Payment Terms: Unless previous arrangements are made, first time clients and all projects over $1000 (one thousand) may require fifty percent (50%) deposit or use of a credit card for back-up funding/pre-payment before order is placed. All invoices are due upon receipt unless other terms have been arranged. Balances more than 30 days overdue may, at Deisigner’s sole discretion, be assessed interest charges on any overdue balance at the maximum rate allowable by law, currently 18% annual percentage rate (1.5% per month). In the event of account delinquency, Client is responsible for all collection costs, including attorney’s fees and court filing fees which may be incurred as a result of collection efforts. Personal checks, business checks are credit cards are accepted for payments. Additionally, a link for making online e-check payments through Intuit Payment Services is provided on each invoice. There is a forty dollar ($40) service charge on all returned checks to be paid in cash or by certified funds.
2. Submission of Artwork & Intellectual Property: Client warrants that all photos, artwork, and intellectual property submitted to be used by Gonzo is (a) owned by you, or (b) you have the authorization to use it without violating any copyright, trademark, or any other intellectual property laws. Client is solely liable for any legal action that should arise from artwork submitted by Client. Client expressly agrees that it will indemnify and hold Gonzo, Gonzo’s company, suppliers, and strategic partners, harmless for all liability caused by the Client’s use of photos/artwork/intellectual property to the extent of such use infringes on the rights of others. Furthermore, Gonzo assumes the Client has the legal right to use and reproduce all content (verbiage, photography and images) provided for the project. Client agrees to exercise due diligence in any direction to Gonzo regarding preparation of materials, and must be able to substantiate all claims and representations. Client is responsible for all trademark, service mark, copyright and patent infringement clearances. Client is also responsible for arranging, prior to service, any necessary legal clearance, including photo releases, of materials used.
3. Production Ready Artwork: If the artwork submitted by Client is not production ready, additional art charges may apply. Client will be advised of these charges prior to placing the order and they will be added to the final invoice.
4. Accuracy: Client agrees that the accuracy of information supplied to Gonzo is the sole responsibility of Client, and that Gonzo is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing for accuracy. Gonzo will not be held liable for typographical omissions or errors.
5. Problem Resolution: Claims of defective products must be made within 30 days of delivery. Gonzo Strategies reserves the right, at its sole discretion, to resolve defective product issues by: replacing the order, discounting the order, refunding the order, or a combination of these remedies.
6. Overrun/Underrun: Many promotional product manufacturers reserve the right to produce an under/over run and bill accordingly. This amount varies by supplier, but is limited to a maximum of 10% of the quantity ordered. This is a standard practice in the promotional product industry. While some suppliers offer the option of requesting exact quantities, they may charge for this type of request. These percentages and charges vary by manufacturer, and are beyond our control. Any over/under runs will be adjusted on your final invoice.
7. Indemnification/Release of Liability: Client shall indemnify, defend and save Gonzo harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Gonzo’s services, pertaining to any and all litigation in which Gonzo is a party. Client shall pay all expenses incurred by Gonzo in defense of such claims, including, but not limited to, all attorneys’ fees, court costs, expenses, lost income, and expenses incurred, should Gonzo be named a party in any litigation to which Client is a party. Gonzo will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, or plagiarism.
8. Applicable Law/Venue: This Agreement shall be governed by and construed according to the laws of the State of Texas, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in Tarrant County, Texas, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts.
Terms & Conditions Effective 2/1/2015
