Privacy Policy: Beanhead Graphics.com will not share any of your personal information, contact information, payment information, or design projects with anyone. Beanhead Graphics.com reserves the right to use client designs for promotional purposes only.
By submitting a project request form you agree to be legally bound by these Terms and Conditions.
1. General Terms and Conditions:
Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use Beanhead Graphics.com services. Beanhead Graphics.com reserves the right to make changes to these Terms and Conditions and to the products and services offered at any time without prior notice. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you.
You acknowledge and agree that Beanhead Graphics.com shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that violates the law will be brought to the attention of the proper authorities.
You acknowledge, consent and agree that Beanhead Graphics.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Beanhead Graphics.com, its users and the public.
2. Beanhead Graphics.com Services:
Beanhead Graphics.com is a design based service only, and does not provide Clients with printed media.
(a) Requesting Design Services: You are solely responsible for preparing and sending detailed descriptions of project requirements, including (if necessary) samples illustrating your project and any relevant deadlines using the project request form found on the Website and/or by sending an e-mail to info@beanheadgraphics.com. If you provide Beanhead Graphics.com with any text, images, designs, or other content information for inclusion in your project, you unconditionally guarantee that you have all appropriate and necessary right and authority to do so, and that you will not infringe any trademark, copyright, or other right of any other third party. Clients retain all rights to any text, images, designs, or other content or information provided to Beanhead Graphics.com for inclusion in Client projects.
(b) The Design Process: After your project request form has been approved, you will receive 3 initial design concepts to choose from. Additional charges apply for more concepts. Once a concept is chosen, it will be refined and adjusted (within an agreed upon timeframe) by mutual comments and reviews, until you are satisfied. Final projects will be sent in an e-mail along with a certificate of ownership. Projects with an estimated cost of $300 or more, will receive unlimited design concepts and revisions within their project timeframe (additional charges may apply for projects that exceed a 30 day timeframe).
(c) Project Reviews: You are responsible for commenting and responding to all project reviews sent to you via e-mail from Beanhead Graphics.com. If you fail to inform Beanhead Graphics.com of changes or revisions you need made to the project, or do not confirm the status of your project to Beanhead Graphics.com within 30 days of your last response, you will be deemed to have accepted such designs and no further revisions will be made. At such time, Beanhead Graphics.com will have no further obligation to you, and you will pay Beanhead Graphics.com according to these Terms and Conditions.
(d) Payment: Clients are required to pre-pay half of price listed on the project price quote before projects can begin. The remaining balance and additional charges are due at time of invoice or by terms on invoice. Beanhead Graphics.com will e-mail you a receipt for the transactions in which you are involved. If a default in payment occurs, the Client will be held responsible for all legal fees. The fee policy for Clients may change and additional fees may be imposed on Clients at any time; however, such additional fees will not apply to projects submitted before Beanhead Graphics.com implements any such change in fees.
(e) Transfer of Ownership: Once full payment has been received by Beanhead Graphics.com, you will be issued a transfer of ownership certificate granting you 100% of the rights to the final project. No trademarks or service marks will be assigned to any final projects. Beanhead Graphics.com has no obligation or duty to perform trademark, service mark or copyright searches or inquiries in order to validate the propriety or legality of your final projects, nor will Beanhead Graphics.com be responsible for assisting you in any way to attain rights to your final projects. Beanhead Graphics.com retains the rights to all design concepts and other content not selected by you.
(f) Cancellations: You may cancel a project any time before the final project files are delivered. Once final projects are delivered, you are responsible for any and all additional design fees associated with your project. Please note that when you cancel, you will not be granted any ownership rights to the project.
(g) Refunds: No refunds will be given under any circumstances, however, projects may be redesigned at no charge if it is determined by Beanhead Graphics.com that the project does not work for its intended purpose or it is the wrong size/color. Please note that Beanhead Graphics.com cannot be held responsible for: (i) Spelling, punctuation or grammatical errors made by the customer. (ii) Inferior quality or low-resolution of images uploaded by the customer. (iii) Design errors introduced by the customer during the design process. (iv) Customer judgment errors such as colors, style, file type, etc. (v) Damage to the files arising after delivery to the customer. (file corruption, viruses, etc.)
3. Eligibility: To register as a Client, you must be a legal U.S. citizen at least 18 years of age, agree to these Terms and Conditions, privacy policy, and complete a project request form. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions.
4. Disclaimers and Limitations of Liability:
(a) Website Availability: Beanhead Graphics.com shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. Beanhead Graphics.com may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Beanhead Graphics.com shall not be responsible for any loss, cost, damage or liability that may result from any of these circumstances.
(b) Website Links: Beanhead Graphics.com is not responsible for any content contained in third-party links.
(c) Rights: Beanhead Graphics.com owns all rights, titles and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Website and in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Website or any other media associated with Beanhead Graphics.com.
(d) Indemnification: You hereby agree to defend, indemnify and hold harmless Beanhead Graphics.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Website, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. Beanhead Graphics.com total liability for damages shall be limited to the total amount you paid for the services under these Terms and Conditions.
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