terms &

conditions

Just standard, fine print stuff! Give yourself a gold star if you actually read this, though. Good job!

1. Orders

5D Creative reserves the right to use its sole discretion in refusing to print / create anything it deems improper or known to be illegal or for reasons of conscience, scheduling, etc. 5D Creative may or may not reveal project refusals. 5D Creative is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to 5D Creative for design and/or publication.

 

2. Payment Terms

All orders placed by the client must be paid in full upon client's reception of the final invoice(s). Price quotes may or may not reflect taxes and/or shipping fees. Once payment is received, the final product will be delivered (physically or electronically) to the address designated by the client.

 

3. Cancellations

Canceled orders require compensation for incurred costs and related obligations at the time of cancellation.

 

4. Accuracy of Specifications

Quotations are based on the accuracy of the specifications provided. 5D Creative can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with 5D Creative are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.

 

5. Liability

5D Creative's liability shall be limited to the stated selling price to the client of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits.

 

6. Indemnification

The client represents that it has the legal right to reproduce all materials ordered from 5D Creative. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against 5D Creative based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by 5D Creative ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold 5D Creative harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending 5D Creative against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing 5D Creative for any legal fees and expenses it reasonably incurs in responding.

 

7. Electronic Manuscripts/Images

It is the client's responsibility to maintain a copy of all original files, artwork and transparencies. 5D Creative is not responsible for accidental loss or damage to media supplied by or to the client or for errors on supplied artwork furnished by the client. Until 5D Creative can evaluate digital input, no claims or promises are made about the ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at current rates. 5D Creative is not responsible to archive a client's work for longer than it takes to produce the final product.

 

8. Alterations/Corrections

Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current rates.

 

9. Claims

Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, 5D Creative and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that the performance of 5D Creative has fully satisfied all terms, conditions and specifications.

 

10. Changes

5D Creative may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless the client is notified by 5D Creative otherwise.

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