Legal / Terms

LEGAL CLAIM NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. CustomizedDesign.net RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT NOTICE.

PROOF APPROVAL

After every design or copy alteration a client will receive a proof for approval. Each round of client’s edits/comments is forwarded to design (or writers) and is considered one round of revisions. Additional comment submissions are considered further revisions and will be deducted from revision total. Revision requests must be submitted via writing in CustomizedDesign.Net’s online forms. Net online proofing webpage. Proof revisions will not be accepted by phone or e-mail.

After a client approves the final proof, CustomizedDesign.net is NOT LIABLE for errors in a final product caused by any of the following: Misspelling, Graphics, Grammar, Punctuation, Incorrect Dates, Copy Information Omissions or Errors, Graphic design style, font size, color selections or any other visual or copy content.

By approving the final project proof you, the client, verify that spelling and content are correct and that you are satisfied with the project. You understand that your document will print, be visible on the web or be reproduced in print EXACTLY as it appears in your proof, that you cannot make any changes to an order once placed, and that you assume all responsibility for typographical, content and layout errors. If your project is printed elsewhere we are not responsible for print quality.

If you do request that changes be made to your proof after approval and before publication, print or upload, additional fees and production time will apply.

CLIENT CONTENT

Client agrees to provide the materials requested by CustomizedDesign.net including high resolution (1500 x 2100 pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials CustomizedDesign.net requires in order to complete project(s). If client is unable or unwilling to provide work materials to CustomizedDesign.net we have the right to refuse project(s).

You agree that you have obtained the requisite copyright permission from the photographer(s)/artist(s) /designer(s)/writer(s) to reproduce materials that you supply to CustomizedDesign.Net. CustomizedDesign.net shall not be liable for any copyright infringement for graphics or copy you provide to us.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that CustomizedDesign.net has the right (but not the responsibility) to remove any content that violates the terms of service or may otherwise be objectionable, indecent, threatening, treasonous, resistant to any law of the United States, defamatory, or that infringes the intellectual property rights of another. You also agree that CustomizedDesign.net may disclose content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary in order to comply with legal process.

INACTIVE PROJECTS

All projects will be considered inactive until client provides payment, high resolution (1500 x 2100 pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials CustomizedDesign.net requires in order to complete project(s).

Inactive projects due to proof inactivity (proof is issued but client does not respond) or pending materials (necessary materials requested by CustomizedDesign.net to complete project are not forwarded by client) will incur a $50 reactivation fee when inactive for three (3) months or more. If a website project is inactive for more than six (6) months pending content for data entry, CustomizedDesign.net reserves the right to release the website control panel (content management system or ADMIN) passwords to the client so that THEY may complete data entry at their leisure. At that point CustomizedDesign.net would not be responsible for any data entry work.

When projects are inactive for 1 month or more (proof is issued but client does not respond OR necessary materials requested by CustomizedDesign.net to complete project are not forwarded by client) CustomizedDesign.net reserves the right to either (a) cancel the project or (b) amend pricing schedule to reflect current production costs, whichever the client prefers. If a project is cancelled CustomizedDesign.net would refund client any unused fees after payment for work-completed-to-date is deducted.

LIMITATION OF LIABILITY

In no event shall CustomizedDesign.net or its affiliates, vendors, officers, directors, employees, or free-lance agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages resulting from loss of use, data or profits, arising out of or in connection with the use or performance of the web site or of failure to provide services that you order from CustomizedDesign.Net, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall CustomizedDesign.net be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

PROJECT INCLUSION

The quote or invoice you receive outlines the products and services included in your project(s). Project descriptions on this site explain the products/services CustomizedDesign.net provides. Should your project require additional services not expressly included in your package including but not limited to: rush service, additional rounds of graphic design, additional rounds of copy editing or proof reading, photo scanning, photo color correction, photo editing, photo special effects, photo re-sampling (for low resolution files), photo retouching, audio mastering, audio editing, logo creation, logo editing, and logo re-illustration additional fees will apply. Additionally, changes to the initial project specifications (contained in client project questionnaire or invoice or to project as discussed in your consult (if applicable to your project) will require additional production time and fees.

COLOR PROOFING, COLOR MATCHING, FOLDS

To make projects affordable, CustomizedDesign.net uses Gang-run printing. This is when different customer jobs are combined on a large print sheet, and run at the same time. This process allows us to spread the expensive initial setup cost among multiple customers. CustomizedDesign.net will try its best to match the gradient density of each color, however, CustomizedDesign.net is not liable for the variations among color hues. To keep production costs low our print division uses automated folding rather than hand holding. We take extreme care to match folds, however, slight variations may occur during folding.

ORDER CANCELLATION

You may cancel your order prior to the final approval process. To do so, call. Our Customer Service Team will inform you of any cancellation charges depending on the stage of your order. Written notice will also be required 7 business days prior to order cancellation.

If your project is canceled any applicable labor charges (marketing analysis, marketing consult, writing fees, graphics design, proof, etc.) or administrative fees (credit cards fees, etc.) will be deducted from your refund.

RETURNS AND REFUNDS

You must notify CustomizedDesign.net within 6 business days of order acceptance to report defects. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. Should a you (client) and CustomizedDesign.net be unable to reach resolution concerning a complaint, project proposal, amended invoice or service provided, CustomizedDesign.net has the right (but not the responsibility) to offer the client a full refund. CustomizedDesign.net would thereby retain full copyright on any design work completed to date. As a work of authorship any project proofs and other creative designs would likewise have full copyright ownership solely by CustomizedDesign.Net

PROJECT SHIPPING AND DELIVERY

CustomizedDesign.net works diligently to ensure that production difficulties do not delay delivery schedules. In no case shall CustomizedDesign.net be liable for any consequential or damages resulting from shipment, mailing or delivery delay.

You agree not to hold CustomizedDesign.net liable for project, mailing or delivery delays caused by inclement weather, shipping or mailing company delays, or other circumstances beyond CustomizedDesign.Net’s direct control. CustomizedDesign.Net’s shipment, mailing and delivery dates are calculated based upon estimates provided by our suppliers.

CustomizedDesign.net will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the project process. In case of delay caused by technical difficulty, rush charges/fees (paid in addition to basic project pricing expressly for expedited service) will be refunded or waived where applicable.

SHIPPING ERRORS AND LOST PACKAGES

CustomizedDesign.net is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, CustomizedDesign.net will reship the returned package with corrected address and charge an additional shipping fee for the shipment.

COPYRIGHTS:

Copyright to the finished work produced by CustomizedDesign.net is owned by CustomizedDesign.Net. Upon final payment of contract, the client is assigned rights to use. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. CustomizedDesign.net and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

CustomizedDesign.net and Designer retain the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our design portfolio and website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the creative work of CustomizedDesign.Net, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, CustomizedDesign.net retains nonexclusive copyright in and to the preliminary works and the final design.

PORTFOLIO RIGHTS:

We reserve the right to refuse service without disclosing a reason.