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By using any website, domain, service, application or product owned or operated by Twingenuity Graphics, you agree to be legally bound by these terms and conditions. Therefore, it is vital that you ("The User", "The Client") take time to read through and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Twingenuity Graphics. Please contact us if you do not understand any of the terms or conditions in this document. These terms and conditions should be read in conjunction with other documents and/or the correspondence comprising our quote/invoice, which are emailed to you as a PDF.
This website is operated by Twingenuity Graphics. Throughout the site, the terms “we”, “us”, "designer",“our”, and other similiar terms that refer to Twingenuity Graphics.
Throughout the site, the terms “you”, “your”, “use”, “client”, and similar terms refer to you the company, business, or organization we are doing business with.
We reserve the right to update, change, or replace any part of these Terms of Services by updating this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the terms will result in an immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time.
Prices for our services and products are subject to change without notice.
The numbering and captions of the various heading sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this agreement nor shall such headings otherwise be given any legal effect.
SECTION 2 - FEES AND BILLING
Charges for design services, to be provided by Twingenuity Graphics, will be sent out in the proposal or quote that is provided to the client. At the time of the customer’s signed acceptance of this proposal or quote, the Terms & Conditions are accepted.
Client shall pay to Twingenuity Graphics the fees and amounts in accordance with the payment schedule set forth in the proposal and/or quote. All payments will involve PayPal unless other wised discussed and agreed upon by all parties.
Payments are due and payable on the following schedule: 20% project deposit is due up front for all services and after the creative brief form is completed and an invoice is sent to the client. The remaining payment is due before final website is uploaded, files are provided, and files are sent to you.
The project deposit is non-refundable, and if a project is cancelled by "the client", for whatever reason, the deposit will serve as a cancellation fee, along with a prorata payment based upon the time spent if it exceeds 70% of the quoted work.
Once an invoice is sent to the client, the client has 2 weeks to send payment.
All fees and expenses presented to the client are estimates only. Estimates may fluctuate (up or down) depending upon the adjustments and considerations made that cause change to the project(s). Final fees and expenses shall be shown when invoice(s) is rendered. The client’s verbal or written approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.
The design questionaire we have the client fill out is the single most important document in determining the creative and strategic direction of the project. The "client" agrees that any additional information, changes, or additions that are requested after the submission of the form, could be liable to additional charges of $USD 40 per hour.
If a project is cancelled by Twingenuity Graphics, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In addition to any other right or remedy provided by law, if the client fails to pay for the services when due, Twingenuity Graphics has the option to treat such failure to pay as a material breach of this contract, and may cancel this contract and/or seek legal remedies.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Continued maintenance, updating, and technical support, especially in web design projects (WordPress), is the client's responsibility. Twingenuity Graphics is not liable for any future maintenance issues, bugs, hackers, viruses, or any other issues that occur after the completion of the Services.
We are not responsible for any printing related services.
Printing and Color Variations - With printing there may be some color variations from what is seen on a computer screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system and we are not liable for printing errors or color variations.
We have made every effort to display as accurately as possible colors and images. We cannot guarantee that your computer monitor's display of any color will be accurate.
Final proofreading. In the event that the client has approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, the client will incur the cost of correcting such errors.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 4 - THIRD-PARTY LINKS
We are neither responsible nor liable for materials, services, or products on third party sites. Any reliance on materials found on their site is at your own risk.
SECTION 5 - OWNERSHIP & CONFIDENTIALITY
Twingenuity Graphics retains all copyrights for all work until all payments have been paid in full. We reserve the right to reuse work in the case of payment default. Once payment has been paid in full, the client owns all work produced.
We reserve the right to include a credit line with a live link to www.twingenuitygraphics.com on any website developed by Twingenuity Graphics at the bottom of each page or in any publication of the design by the client. We reserve the right to always retain both printed and online samples for promotional use.
You agree that we may, at any time, use the designs we created for you in our work website portfolio, unless otherwise discussed.
It is agreed we, Twingenuity Graphics, shall not at any time either during the continuance of the work outlined or thereafter divulge any of the confidential affairs of the client to anyone whatsoever without the client's consent.
The client's login credentials may be needed for web and social media projects. Twingenuity Graphics, shall not at any time either during the continuance of the work outlined or thereafter, divulge any of these confidential affairs.
COPYRIGHTS AND TRADEMARKS. By supplying text, images and other data to Twingenuity Graphics for inclusion in the client’s business cards, flyers, pamphlets, website or other projects, the client declares that it holds the appropriate copyright, license and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
SECTION 6 - LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted or error-free.
Limitation of Liability. The services and the work product of designer are sold "as is." In all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates ("Designer Parties"), to client for damages for any and all causes whatsoever, and client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
By Client. Client agrees to indemnify, save and hold harmless designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of client’s responsibilities or obligations, representations or warranties under this agreement. Under such circumstances designer shall promptly notify client in writing of any claim or suit.
By Designer. Subject to the terms, conditions, express representations and warranties provided in this agreement, designer agrees to indemnify, save and hold harmless client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with designer’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of client.
SECTION 7 - TERMS & TERMINATION
This agreement shall commence upon the effective Date and shall remain effective until the services are completed and delivered.
This agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 10 days from receipt of written notice of such breach.
DEFAULT. The 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.
The obligations and liabilities, such as debt incurred, of the parties incurred prior to the termination date shall survive the termination and/or default of this agreement for all purposes.
In the event of termination, designer shall be compensated for the services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by designer or designer’s agents as of the date of termination, and client shall pay all expenses, fees, out of pockets together with any additional costs incurred through and up to, the date of cancellation.
AMENDMENT. This contract may be modified or amended in writing. All amendments need to be agreed upon and signed by all parties.
FORCE MAJEURE. If the performance of any part of these Terms by designer is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other “Force Majeure Event” beyond the control of the designer, we shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes and not in breach of this agreement. Upon occurrence of Force Majeure, designer shall give notice to client of our inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.
ARBITRATION. Any controversies or disputes arising out of or relating to this contract shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 20 days after the notice of arbitration is served. The decision rendered by the arbitrator(s) shall be final and binding on the parties.
CHOICE OF LAW. These Terms and Conditions shall be governed by the substantive law of the State of Wisconsin, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these terms shall be submitted to the federal courts having jurisdiction in the state of Wisconsin.
SECTION 8 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]