Terms and ConditionsWhereas D7Solutions is engaged in the business of providing services relating to graphic design, web design, and photography. The customer is interested in availing such service of the Designer.
In furtherance to the above, the customer hereby agrees to and does hereby engage the services of D7Solutions, and D7Solutions hereby accepts the engagement to design and to do the work hereinafter specified by the customer in connection with the project.
DESCRIPTION OF SERVICESBeginning on the date specified above, D7Solutions will provide services described in the attached Exhibit (collectively, the “Services”).
PAYMENTFull payment is required on or before completion of design services, products being ordered/shipped to customer unless stated otherwise in a signed contract between the customer and D7Solutions. Payment is collected through an invoiced PayPal method, attached to this Contract, to ensure security of payment.
If the customer fails to pay for the Services when due, D7Solutions has the option to treat such failure to pay as a breach of Contract, and may cancel this Contract and/or seek legal remedies.
TERMINATION FEEIf the project ends due to early termination or breach of this Contract there will be a termination fee of 50% of the total project due within 30 days of specified date of the written termination notice.
ARTWORK APPROVALAll artwork is required to be proofed before ordering. D7Solutions will not accept any order unless customer approves. An approval form will be sent to the customer and will be returned to D7Solutions in order to proceed. D7Solutions is not responsible for wrong artwork after the approval process. The approval form states that the customer thoroughly checked everything (spelling, colors, size, etc...).
SHIPPINGPricing shown does not include shipping and packing charges. Shipping will be estimated before products are ordered along with estimated delivery date given by the vendor. D7Solutions is not at fault or responsible for any late orders due to uncontrollable events like shipment delays, broken equipment, or vendor problems.
TAXAs required by law.
PRINT PRICING AND PRODUCT SPECIFICATIONSPrices shown are subject to change without notice due to unforeseen cost increases of products and vendors. We carefully check pricing and product specifications but occasionally errors can occur, therefore we reserve the right to change both without notice. We are not responsible for customer pricing errors. Some variations between picture and products may occur.
RETURNS / BROKEN OR DAMAGED PRODUCTSIf a product is not up to standards, broken or damaged, the customer should contact D7Solutions immediately so they can file any claims with the vendor to ensure reprints or replacements. D7Solutions is not responsible for the customer unknowingly ordering the wrong products.
WARRANTYSome products may have warranties with the vendor. If a customer has trouble with any products, contact D7Solutions immediately so they can check warranties with the vendor. D7Solutions does not provide any warranty on any of the products.
All images and pricing in the price guide booklet are supplied from their vendor. D7Solutions does not own or take credit for any of the images provided by their vendor. This booklet is not being sold anywhere; It is only used in means to supply customers with pricing for products offered.
PRODUCT OWNERSHIPAny work or product designed for the customer by D7Solutions is the exclusive property of the customer. Upon successful completion of all compensation terms and outstanding balances owed to D7Solutions, the customer is granted full and unlimited reproduction rights to the Project.
D7Solutions retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. D7Solutions shall at no time reproduce the Project for use in commercial means or for-profit use unless agreed upon within writing by both parties.
The customer may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by D7Solutions during work on the Project but not included into the final version of the Project upon a successful completion of all terms.
CONFIDENTIALITYD7Solutions, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of D7Solutions, or divulge, disclose, or communicate in any manner, any information that is proprietary to the customer. D7Solutions and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
Upon termination of this Contract, D7Solutions will return all records, notes, documentation and other items that were used, created, or controlled by D7Solutions during the term of this Contract.
DEFAULTThe occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIESIn addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of the notice to cure the default(s). The failure to cure the default(s) within the given time period shall result in the automatic termination of this Contract.
FORCE MAJEUREIf performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTIONThe parties will attempt to resolve any dispute arising out of or relating to this Contact through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
ENTIRE AGREEMENTThis Contract contains the entire agreement of the parties, and there are no other premises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
AMENDMENTThis Contract may be modified or amended in writing, as long as it is signed by both parties.
GOVERNING LAWThis Contract shall be constructed in accordance with the laws of the State of Wisconsin
NOTICEAny notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address provided by the other party in writing.
WAIVER OF CONTRACTUAL RIGHTThe failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
Submission of our contact forms gives D7Solutions the right to email or call you back with the information provided. Do not submit any forms if you do not wish to be contacted.
The price book provided on our services page is provided to give estimated pricing for print projects. These prices are subject to change without notice. Prices do not include shipping or design prices. Please contact us for more info on shipping and design prices.