FastGfx does not engage in speculative work and will not respond to any requests. (see www.no-spec.com for more information about spec work). Below are the FastGfx (“Fast Graphics”, “FG”, “we”, “us”, “the designer”) standard terms and conditions for all projects. All clients must read and agree to the points laid out below. By entering into a business relationship with FastGfx, you (the Client) agree and consent to the following terms and conditions:
COPYRIGHT / TRADEMARKS
You (“The User”, “The Client”) unconditionally guarantees that any element of text or graphics furnished to FastGfx for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization.
By supplying text, images and other data to FastGfx for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Fast Gfx will do no research checking on the legal availability of the names we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image.
FastGfx creates custom design work, and makes every effort to ensure that work is legally distinct and original. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, FastGfx liability is limited to free revisions to the design so as to make it legally distinct, or the provision of a new design, at the client’s discretion. FastGfx and it’s employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of FastGfx.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Fast Gfx, all logos, artwork, concepts and designs remain the copyright and exclusive property of FastGfx. FastGfx retains the rights to concepts, comprehensives and artwork involved in the design process prior to the final artwork.
APPROVAL OF FINAL ARTWORK
While Fast Gfx takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is “The Client’s” responsibilities to proof read and approve all final drafts before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
An upfront deposit of 50% (based on the quoted amount) is required for all new projects.
Preferred and trusted clients may forego any subsequent deposit requirements at FastGfx discretion.
Deposits and payments may be made in a number of ways:
– Credit Card (Visa, Master card, American Express or Discover)
– Company or Certified Cheque
– Bank or Wire Transfer
– Money Order or Bank Draft
– Interac Email Money Transfer (via major Canadian online banking systems)
We do not accept PayPal as a rule, though long standing trusted clients may request this method at their discretion.
It is agreed that employees of “Fast Gfx” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Sensitive Information Disclosure
Any hosting account information, FTP information, or domain registrar account information provided to your design team will be kept in the strictest of confidence, will be used only by FastGfx developers assigned to your account, and will be used only for the purposes of setting up your website, managing your website, providing technical support, or other purposes established in writing with your project manager.
Services purchased from FastGfx are provided “as is” without warranty of any kind that the project will be uninterrupted or error free. In no event shall FastGfx be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, mobile app, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, mobile app, services, and/or goods provided to the client. The entire risk as to the quality and performance of the project is with the client.
If you (the customer) have not provided FastGfx with a Specific PANTONE Color or Colors for the artwork and graphics that will be printed for the order placed. You (the customer) also have not physically been to FastGfx to verify the Color or Colors You (the customer) have selected for the artwork or graphics for the order placed. You (the customer) understand that the colors on a computer screen may not be the same as the colors that will be printed on vinyl. You (the customer) understand that computer screens use a RGB color format and that Inkjet Printing is a CMYK printing process. You (the customer) understand that you will be responsible for the cost of any art charges, reprints , rush delivery and shipping charges that may be required if you (the customer) are not satisfied with the colors that have been printed for the order placed on the actual vinyl.
YOUR CONSENT TO THIS AGREEMENT
Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Fast Gfx.