Terms and Conditions
Please read this statement of terms and policies. They apply to all GotUCvrd.com design project contracts.
Terms of Service
Scott Wills, dba Scott Wills & Associates and GotuCvrd.com, reserves the right to change rates without notice or obligation. Prices quoted do not include freight. All shipping is FOB Chicago, IL unless indicated otherwise. GotuCvrd.com is not responsible for loss or damage to materials once they have left GotuCvrd.com’s premises. GotuCvrd.com charges applicable sales tax when appropriate, as required by law.
GotuCvrd.com reserves the right to refuse or cancel any order.
Estimates, Pricing and Payment Policies
Project estimates are based entirely upon information supplied by the customer regarding the project. Prices estimated for your project include all fees for consultation, project management, design, comprehensive sketches, illustration, photo editing and production of the finished design, completed according to our normal schedule. Rush work or customer revisions may incur additional costs. Additional work not included in original instructions, client revisions or alterations, travel, or additional work necessitated by the form or condition of materials supplied by the client may incur additional fees.
Out-of-pocket expenses, incurred as needed to complete the job, will be included in the final invoice for the project. These expenses may include messengers, air freight, laser and color printouts, copies, materials and supplies, custom photography, high-resolution scans, color separations, film or proofs from film, and printing. We take all foreseen job costs into account when we prepare our estimate, although some costs may be estimated further on in the project when specifications become available.
If costs in addition to those estimated are anticipated, the customer will be notified and written approval secured before those costs are incurred and the project proceeds.
GotuCvrd.com will make every effort to meet client deadlines, but quoted or acknowledged delivery dates are estimated dates of delivery and are not guaranteed. GotuCvrd.com specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event you fail to pay within thirty (30) days for any work completed, or in the event you fail to accept delivery of finished product within thirty (30) days from completion, GotuCvrd.com has the right to sell, dispose of, destroy, or use any such material on hand in any way GotuCvrd.com chooses without any liability by GotuCvrd.com to you or others.
Initiating a Project
Once the client accepts an estimate or proposal in writing, and submits project materials and a completed design information guide, we will begin work. For new clients or larger projects, we may require a deposit and/or a purchase order before work is begun; this will be specified in the proposal.
Agreement with these terms and conditions must be indicated by checking the “agreement” box on the design information guide submitted with the client’s project materials.
Workload is scheduled on a first-come, first served basis, and at our sole discretion, but we are always mindful of clients’ key dates and deadlines. We reserve the right to determine when a job has a “rush” status. We will strive to meet requested deadlines, contingent upon the timely receipt of required materials and approvals, but will not be responsible for late deliveries due to conditions beyond our control.
Your order will be delayed if you fail to provide GotuCvrd.com with all necessary materials (including your final approved and proofread text, graphics, deposit, and signed agreement).
Client approvals of services rendered are required at key junctures during projects and prior to the release of work for publication. For this purpose, proofs will be submitted to the client for approval to proceed or revision instructions. These proofs may usually be emailed as pdf files. The client checks the proof for accuracy of all information and content as well as for appearance. It is at this juncture that corrections and revisions may be made at greatest economy. Signed approval (i.e., a signature on proofs or a return email) indicates acceptance of the proof. Verbal approvals may be accepted at our discretion for the sake of expediency, with the understanding that the client takes full responsibility for the revision. Upon approval of the final product, the job will be invoiced accordingly. Subsequent revisions will be treated and billed separately.
Alterations The client shall be responsible for making additional payments for changes requested by the client to original assignment, text or other materials supplied by the client. All agreed-upon changes shall be in writing, specifying the work to be performed and any additional fees and costs. The client shall offer SW&A the first opportunity to make any changes.
GotuCvrd.com requires a deposit of 100% of the estimated purchase price with most orders (as shown in the written estimate for the order). The balance of any additional charges incurred is due upon completion of the order, before transfer of files for print.
GotuCvrd.com accepts cash, check, money order, VISA, MasterCard, Discover, and American Express, and PayPal. No work can proceed on any order until the appropriate deposit and signed agreement have been received. Should any amount remain outstanding after the due date, interest shall be due on that amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and will accrue daily. In addition, you agree to pay any and all costs, fees, charges, or expenses (including without limitation all reasonable legal fees and litigation/arbitration fees and costs) incurred in recovering any amounts owed to GotuCvrd.com by you.
We accept checks, money orders, cashiers checks, electronic transfer, and PayPal payments.
No work will proceed on any order until the appropriate deposit or payment has been received. Balance for the order is due upon completion. No files will be made available until the final payment is made.
The final invoice for a project reflects actual time and expenses logged during the course of the job. With projects of more than a month’s duration, progressive payments may be required with a final reconciling invoice and balance due upon completion. Payment arrangements other than our standard policy are subject to our approval and must be made in writing, prior to the start of a project.
Intellectual Property Rights
You represent and warrant to GotuCvrd.com: (1.) that you are the true and rightful owner of, or are licensed or otherwise possess legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any trademarks, service marks, trade names, copyrights, or other intellectual property rights relating to the materials provided to GotuCvrd.com by you under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (2.) that you and GotuCvrd.com are not, or will not be, as a result of the execution and delivery of this agreement or the performance by GotuCvrd.com of the obligations hereunder, in violation of any intellectual property rights of third parties; and (3.) that no claims with respect to your intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to your knowledge, are threatened by any person, nor, do grounds for any such claims exist.
You agree to indemnify, defend, protect, and hold harmless GotuCvrd.com and its agents and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings including interest from the date of such damages, and costs and expenses including without limitation; reasonable attorneys’ fees and disbursements of every kind, nature, and description (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to you under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and/or any breach of any representation or warranty you set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
By reserving these rights, GotuCvrd.com does not assume any obligation to investigate or verify ownership of any materials provided by you, and GotuCvrd.com may rely on your representations and warranties herein even if GotuCvrd.com investigates such ownership.
If GotuCvrd.com determines, or has any reason to believe, that you do not have the authority to produce the products or services sought hereunder, GotuCvrd.com will have no further obligation to provide any products or any other services with respect to such materials.
Ownership and Usage of Artwork
GotUCvrd.com assigns ownership and full usage rights of all final, client-approved designs and other original artwork, to the client. GotUCvrd.com retains ownership of all digital files, including preliminary sketches prior to final approval. Any usage rights granted by GotUCvrd.com in original artwork or copy are limited to those specified in the job description. All rights not expressly granted or transferred are reserved to GotUCvrd.com. Payment of GotUCvrd.com’s fee is not predicated upon client’s use of the designs or consultation provided. GotUCvrd.com reserves the right in perpetuity to receive, retain and use samples of all completed work for purposes of internal archiving, marketing and promotion, and demonstration, and client agrees to grant such rights.
Backups and Insurance
GotuCvrd.com assumes that you have backups or originals of all content (including without limitation masters, text files, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD or DVD, digital video master, or other digital recording medium, or as transferred to GotuCvrd.com via disk, FTP upload, email, or other means) for use by GotuCvrd.com. As such, GotuCvrd.com is not obligated to return such electronic content to you upon completion of the order. GotuCvrd.com will return analog materials, original artwork, photos, transparencies, etc. furnished by you upon completion and payment of the order.
GotuCvrd.com will treat your materials with the utmost care and respect, however, GotuCvrd.com specifically denies liability for damage or loss due to fire, casualty, act of war whether declared or undeclared, act of God, or negligence while your materials are in the care and possession of GotuCvrd.com.
Materials stored in GotuCvrd.com’ premises are not insured and are stored strictly at your risk. You agree to carry insurance coverage for your materials while at and in transit to and from GotuCvrd.com’ premises.
Warranty of Product, Limitation of Liability, and Indemnification
GotuCvrd.com guarantees your satisfaction with art and content proofs prepared to your specific instructions. If we fail to produce designs according to your expresses instructions, GotuCvrd.com will refund the entire deposit amount if you elect to cancel the project. However, once proofs are approved you will be charged for all work and services performed, even if the project is subsequently cancelled.
GotuCvrd.com warrants that material it has produced and delivered meets or exceeds generally accepted industry standards.
All custom-produced designs are guaranteed against defects in quality and workmanship. If any service or product produced by GotuCvrd.com is found to be defective in quality, GotuCvrd.com will replace or repair defective product and/or correct any error in said product at its own expense or, at GotuCvrd.com’s option, refund to you part or all of the purchase paid to GotuCvrd.com, on the condition that a.) Written notice of such defect or error is received at GotuCvrd.com’s office within thirty (30) days after product is received you, and b.) the defect or error did not result from a defect or error in the materials you or your representative/s supplied. If notice is not received within thirty (30) days after shipment, GotuCvrd.com shall be released from any and all liability.
Orders for products or services not yet produced by GotuCvrd.com may be cancelled by either party at any time. You will be responsible for all costs incurred by GotuCvrd.com related to the project, prior to receipt of notice of cancellation. After such cancellation, your materials and any completed product will be delivered to you when all sums owed to GotuCvrd.com have been paid in full.
GotuCvrd.com’s prices do not include shipping. In the event that an exact price for shipping is required, please contact GotuCvrd.com for a price.
Please indicate your acceptance of these terms and conditions on the Design Information Guide to be submitted with your order. Thank you.