Terms and conditions.
We know they can be boring to read but we legally have to have them to protect Boss Monkey Design and or clients.
By entering into any contract or agreement with Boss Monkey Design for products and/or services including without limitation ordering any products or services through the Boss Monkey Design web site (hereinafter referred to as your “Contract” with Boss Monkey Design), 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”).
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.
Boss Monkey Design 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 Boss Monkey Design 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.
GRAPHIC DESIGN TECHNICALITIES:
All file types sent to you will be agreed before and suited to your needs.
CLIENT PARTICIPATION AND SPECIFICATIONS AT START OF THE PROJECT, AND THEREAFTER:
By agreeing to this, you the client acknowledge that you have been given the opportunity to provide/describe what are considered initial specifications and guidelines for your graphic project. This is accomplished through the form which is the first page of the order form out which includes detailed and specific questions intended to assist the designer in their initial designs. In any case where you the client/customer elect not to answer, or decline to provide details, you are acknowledging a willful waiver of client input, and give your consent for the designer(s) to exercise full interpretation, being held blameless for any designs which may result, in the unfortunate event that the client is not satisfied.
SCOPE OF PROJECT:
The initial number of designs varies by project and will be agreed with us beforehand, and in no case may the client request additional new designs, in the event that they do not approve of the ones which were submitted. The number of designs presented is presumed to have satisfied the initial number of designs as agreed before any work started. In the event that the client requests additional designs, beyond the scope of their package (not including any unlimited revisions, which is a material change to an existing design, and not a redraw, and are not charged or considered to be redesigns), they are subject to additional charges of £50 per designer hour, prepaid in increments of three hour blocks. Any design requests outside of the specific stated scope or quote of the package are also subject to the same hourly charge, in prepaid one hour increments, and are non-refundable.
Payment in full for any and all products and services to be provided by Boss Monkey Design under your Contract is due in advance of the commencement of any work by Boss Monkey Design. Boss Monkey Design 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. Boss Monkey Design will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.
DELIVERY AND ACCEPTANCE:
Upon completion of its products and/or services in accordance with the Terms and Conditions set forth in your Contract, Boss Monkey Design shall deliver your product and/or service to a temporary location designated by Boss Monkey Design for your review. Boss Monkey Design 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 7 business days from the date of delivery to said temporary location to notify Boss Monkey Design in writing of your acceptance or rejection of the product and/or service. Your failure to notify Boss Monkey Design in writing of your rejection of the product and/or service within said 7 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 Boss Monkey Design in writing of your rejection within said 7 day period, including a detailed explanation for such rejection, following which Boss Monkey Design 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, Boss Monkey Design 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, phone or in person contact from 7 days from the last revision. The project may be re-opened only upon Boss Monkey Design discretion.
We guarantee your 100% satisfaction with our graphic design work or your money back minus a £50 service fee (includes processing charges and discourage misuse of our services).
Initial graphic design (up-front fees for the 1st round of designs) that you have paid can be refunded if you are not satisfied with our work (minus service fee).
A refund only applies if, after the first draft and prior to any requests for changes or revisions, the client requests one. Otherwise, if any revisions, redraws or similar requests are made, no matter how minor, the client is assumed to have consented with proceeding forward with the graphic design process and thus waiving their right for a refund under these stated provision.
EXERCISING REFUND PROVISION:
If, upon being presented with the INITIAL graphic designs, the client elects not to pursue the project any further, and requests a refund, in writing by email, to email@example.com, a refund in accordance with the terms of this website will be issued.
A Refund will be issued upon request, EXCEPT in the following cases:
Refunds do not apply if we do not hear back from you for more than a week after completing initial designs (Project is considered closed after inactivity of three months)
Refunds do not apply to projects that have requested any changes and/or alterations to a chosen sample.
Refunds do not apply if you have approved a design.
Refunds do not apply to upgrades and/or additional services provided and displayed to the client.
Refunds do not apply if the company we are designing a graphic for closes, changes their name, or their activity.
Refunds do not apply if client has made any request which is out of scope or not properly defined in the initial description which was provided at the time of completing order form.
How the money will be transferred?
The money will be transferred back to your bank account. It may take up to 3 to 7 business days before the money can appear on your account.
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 Boss Monkey Design in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.
BOSS MONKEY DESIGN 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. BOSS MONKEY DESIGN 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 Boss Monkey Design receipt of payment in full therefore, Boss Monkey Design will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Boss Monkey Design for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Boss Monkey Design and accepted by you shall at all times remain the property of Boss Monkey Design and you shall have no right in or to such products or services.
Boss Monkey Design retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Boss Monkey Design for display and self-promotional purposes, regardless of your acceptance and Boss Monkey Design delivery of the same to you.
Boss Monkey Design 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 Boss Monkey Design, your Contract and/or your access to the Boss Monkey Design web site, at any time and without prior notice. You agree that Boss Monkey Design shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Boss Monkey Design web site. In the event that Boss Monkey Design rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Boss Monkey Design will return any amounts prepaid by you relating to the rejected, cancelled or terminated Contract or order.
DISCLAIMER OF WARRANTIES:
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY GLOWGRAPHICS.COM ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOSS MONKEY DESIGN 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. GLOWGRAPHICS.COM 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. BOSS MONKEY DESIGN DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY BOSS MONKEY DESIGN WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOSS MONKEY DESIGN 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 BOSS MONKEY DESIGN TO YOU, EVEN IF BOSS MONKEY DESIGN 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, BOSS MONKEY DESIGN’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR BOSS MONKEY DESIGN’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO BOSS MONKEY DESIGN UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
You agree to indemnify and hold Boss Monkey Design, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including legal’ fees, incurred by Boss Monkey Design 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 Boss Monkey Design pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES:
All intellectual property of Boss Monkey Design, 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 Boss Monkey Design 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 Boss Monkey Design is strictly prohibited.
Copyright © 2018 by Boss Monkey Design. All rights not expressly granted herein are reserved.
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Boss Monkey Design regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Boss Monkey Design 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 Boss Monkey Design unless otherwise agreed to by Boss Monkey Design in writing. The failure of Boss Monkey Design 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.
If you have any questions regarding these terms and conditions please contact us:
firstname.lastname@example.org or call 0191 580 0191