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THEMOUSEARTIST
Terms and Conditions
- Print and Design -
Schedule
TheMouseArtist strives to print all Clients' jobs according to our published schedule. TheMouseArtist reserves the right to adjust the schedule and/or charge additionally in the event that the Client fails to meet the agreed upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the Client’s original order. The printing turnaround times listed on this site are only estimates. In the unlikely event that TheMouseArtist is late with the job, TheMouseArtist liability shall be limited to a 10% discount towards the client's next job, but the customer must request this credit. In no event will TheMouseArtist or its licensees assume liability for any damages beyond those set forth in this paragraph, or for any general, consequential, or special damages that are claimed to follow by reason of the lateness.
Cancellations
Canceled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job the same business day you place your order. Clients are responsible for all costs incurred to jobs canceled before our evening cutoff time of 3pm the day the order was placed. No refunds will be given for orders canceled after 6pm of the same business day the order was placed. All sales are final. Refunds are not available on orders unless files have not been prepared for printing and production has not commenced.
Payment Terms
ALL orders must be prepaid due to the speed of our turnaround.
Quotations/Estimates
Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
Printing
The Client understands that all final artwork developed by TheMouseArtist is provided solely in digital format. This means TheMouseArtist does not provide any printed artwork, such as printed business cards, stationery, or brochures with the purchase of the rights. All final artwork provided by TheMouseArtist is, instead, printer-ready, meaning it can be taken, as is, to a commercial printer by the Client to be quickly and easily printed on the stock and in the quantity of choice, typically with no need for any further file formatting.
Billing Penalties
There will be a $35 charge for all returned checks.
Samples
The Client will provide TheMouseArtist with samples of each printed or manufactured design. TheMouseArtist reserves the right to distribute free samples of the Client's printed material. TheMouseArtist may use your product for samples or advertising purposes.
Will Call
Will Call orders will be kept for 30 days from the delivery of the notification phone call. Orders left at TheMouseArtist for more than 30 days will be considered abandoned and be recycled.
Release of Artwork
Ownership of Artwork
All graphic design elements (referred to as artwork in these terms and conditions)
created by TheMouseArtist are the property of TheMouseArtist until the artwork rights has been purchased, at which point the artwork becomes property of the purchaser (referred to as the Client in these terms and conditions).The elements of design work for the project remain TheMouseArtist's property,and TheMouseArtist retain the rights for usage. This means, you own your finished product but we reserve the rights to the elements used to create the design including typography, patterns, stock art, textures, and shapes, etc. Other than for the promotional use of TheMouseArtist, all services provided by TheMouseArtist shall be for the exclusive use of the Client's said purposes only.
Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all fees and expenses, reproduction rights for all approved final designs created by TheMouseArtist for this project shall be given to the said Client. For further usage, price will be based on a case by case basis. The Client automatically grants permission to TheMouseArtist to showcase their artwork, created by TheMouseArtist, on the TheMouseArtist website. It is understood that no artwork displayed on TheMouseArtist website can be used for any other purpose, by any individual or company except the purchaser of the graphic design and/or the party/parties given permission by the purchaser to use the artwork.
Final artwork (not including website artwork) which comprises any design package will not be released to the Client until an artwork release payment consisting of three hundred dollars and the full payment for any balance on the Client's account has been received by TheMouseArtist. At this point the artwork is released to the Client. Website artwork rights will not be released until the Client an artwork release payment consisting of twenty percent of the final website cost is recieved and any balance on the Clients account is paid in full. TheMouseArtist is not responsible for payments claimed to be lost by mail, sent to the wrong address, or otherwise not received by TheMouseArtist. Cases such as these will be resolved on an individual basis. TheMouseArtist has no incentive or desire to withhold artwork from the Client after receiving full payment for the artwork—all final artwork will be remitted to the Client immediately after full payment is received by TheMouseArtist and after the Client has expressed his/her satisfaction with all artwork. The Client understands that final artwork that is provided to the Client by email or as a free download is often zipped/compressed, therefore the Client, when only receiving final artwork through the internet, and not by mail on CD, will need to have on their computer a file decompression program, such as WinZip or StuffIt Expander in order to open finalized artwork. TheMouseArtist is not responsible for any delays that may arise due to the Client's inability to use final artwork as a result of file decompression issues. The Client agrees to settle any and all disputes which may arise during or after the artwork design process, between the Client and TheMouseArtist, outside of court. The Client shall, in good faith, hold TheMouseArtist blameless for all perceived or obvious errors, delays, miscommunication, or any failure on the part of TheMouseArtist in providing excellent service to the Client, and shall not bring lawsuit against TheMouseArtist for any reason
Postal Regulations
You are 100% responsible for complying with current postal regulations.
Right to Refuse
Our print company reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. Client expressly understands that TheMouseArtist, its subsidiaries, agents, employs and/or parent company, is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The Client represents and guarantees they have proper and legal title of all matter (of any form) submitted to our print company for printing and/or publication. Client further understands that TheMouseArtist will rely upon such representation as grounds to engage in the mass printing and/or publication of Client’s material.
Errors
In the event that an error is discovered in the Client's job after printing, Client bares sole financial responsibility and must pay in full for the job. Client agrees that, in the event TheMouseArtist is liable for an error in quality of print in the Client’s card, liability shall be limited to full credit for the re-print of the client's job no later than one (1) week after submission of claim letter by Client. To qualify for a credit, client must submit a claim in writing to TheMouseArtist within three (3) days of receipt of the job. In no event will TheMouseArtist or its licensees be liable for any damages beyond those set forth in this paragraph, or for any general, consequential or special damages that are claimed to follow by reason of the error. TheMouseArtist is not liable for failure to print the Client's job because of flood, fire, riots, strikes, national holidays, and shortages of material, orders of government, failure of transportation, illness, acts of god or other causes beyond the control of TheMouseArtist. In such an event, this agreement
will be suspended during the period of inability to perform and the terms extended for a like period. Neither party shall be liable to the other because of this suspension.
Indemnification
The customer will indemnify and hold harmless the printer, TheMouseArtist, its subsidiaries, agents, employees, officers and/or parent company, from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted, whether known or unknown, against TheMouseArtist on the grounds that said printing violates any copyright or any proprietary right of any person or entity.
Cutting
Because of other limitations with the Gang-Run printing process, the accuracy of cutting is not guaranteed and by placing an order with TheMouseArtist you agree to this limitation. The Gang-Run printing process that we use does not include a bleed area for printing, unlike conventional printing. This means that all jobs are printed at the size that is ordered, but they are cut inside slightly to avoid excess from the job next to it. We accept no responsibility for size variations below or above 1/16" to 1/8". Under no circumstances will a reprint be honored for size variations that have occurred during the printing process within these specifications.
Overruns/Under runs
TheMouseArtist will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. In the event of an under run, TheMouseArtist will bill for the actual quantity delivered. The generally accepted trade practice is plus or minus 5%.
Taglines
TheMouseArtist reserves the right to tag all orders 4x6 or larger. You may request to have it removed for a cost of $25 per file.
Tagline: Print | (703)351-5161 | themousartist.com
Tagline: Print & Design | (703)351-5161 | themousartist.com
Shipping
In the event the Client requires delivery / shipping, TheMouseArtist will send the job using third party companies such as Federal Express, UPS or a courier service. In the event that a third party shipper is responsible for lateness of or damage to the client's job, TheMouseArtist will not be liable for any resulting damages. Charges for delivery of materials and supplies from the client or the clients’ supplier to TheMouseArtist are not included in quotations unless specified.
Shipping & Postal Delivery Times
TheMouseArtist has no control over the U.S. Postal Service, United Parcel Service or any other common carriers' delivery schedules and cannot guarantee when mail or shipments deposited with or released to these carriers will be delivered.
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. The Mouse Artist can not be held responsible for any mistake in alterations communicated verbally.
Rights and Ownership
All tangible materials in all circumstances remain the property of TheMouseArtist. All rights and ownership apply to preliminary concepts, works in progress, and finished material, whether the project is completed or canceled. The Client will be entitled to limited and specific usage rights of such materials only for the purpose of reproduction, after which all materials will be returned, unaltered, to TheMouseArtist within thirty (30) days of use. Upon Client's payment of all fees and expenses, TheMouseArtist will grant all reproduction and/or usage rights for all approved final materials created by TheMouseArtist for this project. If the Client wishes to make any additional use of the materials, the Client agrees to seek permission from TheMouseArtist and make such
payments as are approved by the parties at that time. Where alterations or retakes are necessary, TheMouseArtist will be given the opportunity to make such changes at an agreed additional charge.
Printing
All Jobs are "gang printed". TheMouseArtist will reproduce color as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. Because there are a variety of cards and sizes run on a gang run, the ability to control color on press, depending on the positioning of your card, is extremely limited. This should be considered with submission critical color jobs. The accuracy of each color reproduction is guaranteed to be within 80-85% of the original work submitted. Please note if proofing over the web, the color is not accurate due to areas outside our control and yours, including but not limited to calibration of printers, monitors, proof stock and ink, color spectrum regarding range of colors and line screen. The alternative is for your job to run on its own. Please contact us for a price quotation.
Workmanship Guarantee
TheMouseArtist guarantees all orders to be within "gang run" specs and to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the same exact files only or issue the customer a credit at our discretion.
Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. TheMouseArtist 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 TheMouseArtist 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.
Pre-designed Artwork
TheMouseArtist is not liable for the accuracy of any "pre-designed" artwork submitted by the Client. It is the Client's sole responsibility to proofread artwork and submit to The Mouse Artist materials, which are fully approved and print ready. When placing a gang run order your final piece MAY be 1/16th to 1/8th" smaller than actual order size (excluding items smaller than 1/4 Page).
- When reordering, colors MAY be slightly different then original order.
- If files are submitted and do not meet our bleed specifications, TheMouseArtist reserves the right to add a border to the file(s).
- If files are submitted in RGB mode, you are authorizing TheMouseArtist to convert the file(s) to CMYK mode. (converting files from RGB to CMYK will cause color shifting)
- If we only receive one file for an order, we will assume that file is to be used for printing on both sides.
- We will only accept files emailed to artwork@themouseartist.com or uploaded through our website.
Design Services
TheMouseArtist agrees to provide the client all agreed graphic design and print services specified by client's order. The client shall be responsible for any and all fees in connection with such design services plus any reasonable and related additional services. TheMouseArtist will keep the Client informed of additional services that are required and obtain the Client's prior approval for any services that cause the total fees to exceed those outlined in the order form. Upon completion of the design, TheMouseArtist will provide the Client with a proof via web which shall be used by the Client. This layout is not intended as an exact color proof. An email or written agreement will be given to TheMouseArtist by the agreed upon time and date to ensure the delivery date of the final product. The Client is 100% responsible for payment of their job after email or written agreement has been given to TheMouseArtist. TheMouseArtist is not liable for errors in the Client's artwork or ad copy after the approval, as it is the
Client's sole responsibility to insure the content of the proof conforms to their original design.
Release of Artwork (continued)
After Payment
TheMouseArtist is responsible for sending artwork, for which valid payment has been received, to the Client. Once this artwork has been received by the Client, however, TheMouseArtist is no longer responsible for the artwork,
though TheMouseArtist will continue retain the artwork within its digital files.
Conclusion
The Client agrees and is encouraged to ask questions, regarding any section or sections of these terms and conditions that he/she does not understand, before ordering any type or any amount of artwork from TheMouseArtist.
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