TERMS AND CONDITIONS FOR 2B SIGNS & MORE
DISCLAIMER AND COPYRIGHT STATEMENT
2B Signs & More including all associated DBAs Terms of Service,
Disclaimer and Limitations of Liability Statement
The terms and conditions in this document reflect the common business practices of 2B Signs & More including all associated DBAs ("2B/we/our/us") which apply unless other arrangements are made in writing with the client ("you/yours").
The pictures, artwork, designs, images, etc… requested or provided by you, the customer, and/or used by 2B Signs & More including all associated DBAs to create a custom product for you, could have come from a number of sources that are not controlled or maintained by 2B Signs & More including all associated DBAs.
It is the Client/Customer/Purchaser’s Responsibility to know whether or not they are authorized to use the pictures, symbols, logo’s or artwork content on the item that is being customized for them by 2B Signs & More including all associated DBAs. Any legal issues that might arise from the content that the purchaser chooses to have on their custom items design is 100% the customer’s responsibility, and 2B Signs & More including all associated DBAs will not be held liable for any reason if content is used illegally.
In accordance with United States and International Law, we hold the copyright on any and all design, sketch, artwork, idea or other creative work we have furnished unless other arrangements are agreed to in writing. With the purchase of a design, you are granted the right to use this design for websites, and services that are not currently offered by us or planned to be offered by us. We reserve the right to be the sole fabricator of any signage/signs, cards, labels, brochures, stationary, garments, all services that are currently offered as well as planning on being offered in the future we have designed and to display our work or images of our work for portfolio purposes. With the purchase of a “sign design”, the above rights are granted, but we will not specifically endeavor to create a design that meets all of the above application criteria. When a “logo design” has been purchased, we will endeavor to supply a design that meets all the above application criteria. All drawings, any design, sketch, artwork, or other creative work we have furnished are our intellectual property and may not be copied, reproduced or forwarded to others by any means without our express written permission. In cases where a logo, artwork, or other elements are provided by you to us, you warrant that the subject matter is not copyrighted by a third party or that you have been granted permission to use the copyrighted material on your sign. To support these warranties, you agree to indemnify us in any legal action connected with copyright infringement involving the work produced. Your sign design, mock-ups, any and all work done with 2B Signs & More will remain property of 2B Signs & More including all associated DBAs which can only be used for reorders when requested from you or someone you have given authority too. This is to ensure 100% control of your sign design and how many items are produced during the life of the design.
Proofing Errors >
2B Signs & More including all associated DBAs will not be held responsible for undetected errors on a final design drawing that has been approved by you. Alterations requested by you after a final design drawing has been approved may incur additional charges. Final approval is considered received when it consists of but not limited to any of the followed, verbal, phone, E-mail, text, written, etc… Any layout changes, after we complete the design to your initial specifications, will result in additional design fees of $50.00 per hour to cover the additional time required redoing your layout and artwork. Your design layout will not go into production until you give your final approval and proof the signs for layout, spelling and coloring errors, along with a 50% deposit (unless other arrangements have been made). When 2B Signs & More including all associated DBAs is required to alter, recreate, or correct supplied art, art proofs are upon request. If no proof is requested, however, art is considered approved and 2B Signs & More including all associated DBAs is not held claim to mistakes in the final art. Color representation will vary from monitor to monitor and printer to printer. If your colors are critical, you should request a color proof for an additional cost. 2B Signs & More including all associated DBAs is not responsible for inaccuracies of color if you do not request a color proof. Your ship/pick-up/delivery date may be subject to change if you request this service and your shipment method may be upgraded to priority shipping at your expense to meet your in hand date. You understand and agree that PMS colors cannot be exactly matched with all of our products. If PMS color match is required it must first be verified as being an option for the desired service/product. After an emailed and/or written proof has been approved by you, any production errors will be quickly and willingly corrected, but the correction will be at your expense if production has started. you fully understand and agree with the above
Turnaround Time >
Although we make every possible effort to turn jobs around in the estimated times offered, in most cases within 5 business days of Production turn-around time formally beginning. Your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time. Production turn-around time formally begins when deposit is received, finalized art or proof is received and approved, and all other details (signage material, garment sizes, colors, etc.) are received and finalized. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!
Rush Service Rates >
If you require the “Rush Service” you order may be subject to “Rush Service” fees.
2B Signs & More including all associated DBAs ships goods at time of completion. If customer request, 15 days of free storage is for finished products/goods. Products/goods stored longer than 15 days will incur a 5% storage charge based off TOTAL AMOUNT of invoice, with an additional 5% added each 15 days thereafter. Regardless of storage, the invoice amount is and payable at time of order completion. If you require the “Rush Service” you order may be subject to “Rush Service” fees.
Job Estimates/Quotes >
We reserve the right to change quoted payment amounts due in cases where project details change or are unclear relative to specifications provided on initial quote date. Changes to a project may be at the request of the client or from a change in production circumstances. All costs will be endeavored to be covered within the Estimate. HOWEVER, Estimates can/will change; customer(s) will be notified IMMEDIATELY upon this occurrence and the order will halted until approval is obtained from customer(s) to proceed with the new estimate price. All orders must meet a dollar subtotal minimum, unless told otherwise the quantity will be increased until this amount is reached.
For most cases a FREE Job Estimate/Quote is available. However, when a Site Evaluation is required (at the discrestion of 2B Signs & More) or requested by the company and/or individual, the following applies:
Process of traveling to proposed location for inspection and collecting of needed information for scoping the site for the intended work. Minimum 1 hr. increments of .5 hrs after that initial hr. this is merely an estimate. Exact time will not be know till AFTER work is done.
If 2B Signs & More is the winning bidder, than this is a free service and the Site Evaluation fee will not be applied to the invoice.
If 2B Signs & More is not the winning bidder then this Site Evaluation fee will be billed to the company and/or individual whom contacted 2B Signs & More for a Job Estimate/Quote which required the Site Evaluation.
Unless prior written arrangements have been made a DEPOSIT IS REQUIRED or VALID CREDIT CARD ON FILE: All orders under $100.00 (subtotal amount) will be required to pay in full before mock-ups and/or production begins. A 50% deposit is required on all orders over $100.00 (subtotal amount) in order to initiate any mock-ups and/or production, printing, design project, etc… with 2B Signs & More including all associated DBAs, unless prior payment arrangements are made. The remaining balance is due at the date that the product or file is approved, used, picked-up, or delivered, unless payment arrangements have been made/approved ahead of time. Payment is due even if a formal invoice is not supplied to the client so long as a quote amount or amount due request is made through a verbal, written, or email request. Net 30 terms may be arranged in special circumstances. Delinquent balances past 30 days of receipt/delivery will incur a late fee for each day past 30 days. Delinquent balances past 30 days of receipt/delivery may be sent immediately to a collection agency. Once turned over to the collection agency the customer will be liable for the past due amout in addition to Late Payment Fees/Finance Charges and a minimum collection charge of 33% is added to the balance of the account, plus any additional attorney and/or court costs. Returned checks will incur a $35.00 “Return Fee” in addition to the outstanding balance.
Late Payment Fees/Finance Charges >
It is agreed that each payment not received within the stated terms are considered PAST DUE and are subject to bear a service charge of 1.5% per month not to exceed 18% per annum will be added to the amount owed on past due accounts. The material used becomes the property of the purchaser only AFTER INVOICES ARE PAID IN FULL. Invoices and terms start upon receiving approval for production to start. All accounts are due and payable in Lampasas, Lampasas County, Texas.
Product Repossession >
The material used becomes the property of the purchaser only AFTER INVOICES ARE PAID IN FULL. If no arrangements can be reached to zero out the balance owed then the products ordered can and will be repossessed at the customers expense plus any additional attorney and/or court costs.
Order Cancellation/Rejection >
If 2B Signs & More including all associated DBAs designers start work on your design, and you choose to cancel the order, you will be charged a $65.00 cancellation fee and if production of your signs has commenced there will be an additional fee which is non-refundable of $228.00 in addition to the cost of the material used. Rejected art and design comps are still subject to labor and time quotes for due payment in addition the fees “cancellation fees”. 100% payment is due upfront for jobs placed through 2bsigns.com. Delinquent balances past 30 days of order cancellation/rejection will incur a late fee for each day past 30 days. Delinquent balances past 30 days of order cancellation/rejection may be sent immediately to a collection agency.
Force Majeure >
2B Signs & More including all associated DBAs will not be responsible for the loss or damages to any of its goods/products due to any force beyond the control of 2B Signs & More including all associated DBAs including but not limited to act of God, legislation, war, failure or interruptions of supplies, strike or any industrial action by workers.
Damaged/Wrong Product >
Installation of vinyl onto any surface can and will result in having “bubbles” under the vinyl and may not be grounds for a reprint/refund. All efforts will be made to ensure this does not occur, If and when it does occur all efforts will be done to remove the “bubbles” immediately. However, the only way to removal ALL “bubbles” is to let the vinyl and surface “settle and cook” under heat (the sun) “bubbles” will disappear over time with the heat of the sun. Please call 512-556-0321 or email 2BSigns@Gmail.com immediately with any discrepancies or damages. Damages are not accepted after 7 days from receipt/delivery of order. Cost of any and all freight, S/H charges, ETC… are the responsibility of the customer to return the products as well as receiving any replacement, no refund or credit will be given on any form of freight, S/H charges, ETC… If the problem with a final product is related to our production quality control or mistake, a reprint, full or particle refund, or credit may be within 7 days of the project's receipt/delivery only after being reviewed by 2B Signs & More including all associated DBAs and approval is given by 2B Signs & More including all associated DBAs in writing. 2B Signs & More including all associated DBAs sole liability shall be for the cost of replacement of the goods and NOT for labor or other cost that may be incurred. After 7 days from receipt/delivery2B Signs & More including all associated DBAs reserves the right to deny refund requests for any reason. If the products are delivered on time and are prepared as approved and discussed with the client, we reserve the right to offer no refunds even within the first 7 days after receipt/delivery. In the case that a design, file, or product is used after we complete production, 2B Signs & More including all associated DBAs considers the client as acknowledging that the product is satisfactory and we reserve the right to waive any refund or discount. We are not responsible for manufacture defects on 3rd party goods, nor will 2B Signs & More including all associated DBAs offer and/or honor any form of refund with defects on 3rd party goods. Once a product is picked up/removed from 2B Signs & More including all associated DBAs premises with no flaws/issues/discrepancies brought to 2B Signs & More including all associated DBAs attention the product will not be eligible for refund and or discount.
Removal Waiver: Vinyl Liability of Damage Waiver >
Due to many unknown factors, 2B Signs cannot be held responsible for damage that has occurred prior to and/or during the vinyl removal process. Those factors include and are not limited to:: > Damage caused during the installation of the graphics, ie; knife marks, burns, and scratches. > Flaking or peeling paint/finish caused by road debris, bugs, pressure washing, poor repair work, accidents, etc. > Pre-existing paint damage that has been hidden or covered by the graphic. > Ghost images that are transferred from the graphic to the paint or substrate surface. > Tool marks, scratches, scrapes caused by the removal process. These typically occur when a graphic has been left on too long and the graphic becomes permanently bonded to the paint. > Chemical burns or stains caused by adhesive removal products or other cleaning agents. The chemicals used for vinyl/adhesive removal are usually safe for most finishes. > Single-stage painted finishes, powder-coat finishes, oxidized surfaces, plastics, and rubber are more susceptible to damage Vinyl graphics have an expected life of 1-2 years for non-vertical applications and 3-5 years for vertical applications. Graphics that are left on longer than noted above are prone to have damage occur prior to and during the removal process. Note: Remove a graphic immediately if you notice a rapid color change/darkening or hairline cracking.
By committing to have2B Signs perform a graphic removal, you have read and accepted the Vinyl Removal Liability Waiver and agree to the terms required by the fact that there is a chance that damage to the substrate surface may occur. You are also waiving the right to hold 2B Signs responsible for any damage that may occur during the removal process.
Supply of Work >
2B Signs & More including all associated DBAs will not be responsible for any work done on any goods/products outside of 2B Signs & More including all associated DBAs.
Freight Charges >
Customer warrants his understanding that shipping costs on this invoice is a reasonably accurate estimate, which will be adjusted to actual cost at the time of shipping if actual shipping costs exceed the estimate. Customer will be responsible for the difference within ten days after customer is sent a copy of the actual shipping invoice. The customer is responsible for shipping charges on all orders. (Prices may vary on content, number of signs and signs size) Although products purchased from 2B Signs & More including all associated DBAs are normally delivered within 5-8 business days, the purchaser needs to understand that there are no guaranteed delivery dates. 2B Signs & More including all associated DBAs will not be held liable or responsible for late deliveries or lost items.
Right Of Refusal >
2B Signs & More including all associated DBAs reserve the right to refuse service and/or products to any person or organization without giving reasons for said refusal.
General Information >
Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become the property of 2B Signs & More including all associated DBAs unless pre-arrangements are made. Preferred file type is EPS. Acceptable applications for PC include (but are not limited to) Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to RGB. All fonts must be included or embedded. Images must be flattened with RGB in TIFF or EPS format. Proofs will be e-mailed or shipped out in most case within 36 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable) unless in writing. Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.
Logo/Artwork Recreation >
The graphic artist(s) at 2B Signs & More including all associated DBAs can recreate virtually any and all forms of your logos/artwork. Recreating a logo/image is done with a minimum 1 hr. “Design Fee”, ½ hr. increments after that.
Design Proofs >
Once a project has moved into the "Design Phase" The graphic artist(s) at 2B Signs & More including all associated DBAs will supply a free creation(s) and/or edit(s) per the initial quoted amount, Not to exceed at total two creation(s) and/or edit(s). Upon the depletion of these free creation(s) and/or edit(s) a “Design Fee” will commence with a minimum 1 hr. and ½ hr. increments after that until the design has reached design approval of the customer. Free creation(s) and/or edit(s) are subject to the complexity of the design / information provided prior to the "Design Phase" starting and at the discretion of 2B Signs & More including all associated DBAs, and subject to be extended or removed without prior notice.
Customer Supplied Proofs >
For each job, the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), and then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. We are not responsible for any such errors if a working model is not provided prior to proofing. We are also not responsible for any and all errors in the customer's printing job if they select the "Run As Is. No Proof" option.
Color Proof Accuracy >
Color Matching is at an additional charge. - It is NOT GUARANTEED. However, satisfactory matches can usually be made Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our methods and/or machines.
Proprietary Rights >
Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Your Use of Our Website >
Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.
NO WARRANTIES; LIMITATION OF LIABILITY >
Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, "flooding," "spamming," "mail-bombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Kids' Privacy >
Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Website.
Errors, Corrections and Changes >
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
Information & Content You Submit to Us >
By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law. We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company. Any/all comments sent via E-mail, U.S. postal delivery, Fed-Ex, UPS, other shipping means or verbal may be used as a customer testimonial within this website. When sending emails or letters, you authorize 2B Signs & More including all associated DBAs the use of any or all comments made within the email, letter or verbal.
You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.
Third Party Websites & Links >
In reference to ALL content, both literal and pictorial, on this site and all others developed and maintained by 2B Signs & More including all associated DBAs: All written content, visual representations, designs, imagery, and correspondence are the intellectual property of 2B Signs & More including all associated DBAs and protected under copyright law. Any duplication of said content or any element is in direct violation of that law and will result in IMMEDIATE LEGAL ACTION. Because signs are a custom product, they cannot be returned for any reason that has not been brought to our attention within the time line mentioned preceding this statement. We will not be liable for profit loss, cost, or any other reasons caused by missed deadlines due to shipping delays or any other uncontrollable events. Any and/or all terms listed/assumed/implied are subject to change at any time without notification. Special circumstances may require special terms and agreements. Ultimately we do want to right any wrongs and keep you happy. We are understanding and will try to work with you on any issues within reason. No portion of this website may be duplicated without the express written consent of the site manager for 2B Signs & More including all associated DBAs 508 S Key Ave. Lampasas, TX 76550