InkTek MEDIA Services Agreement
PART I: Internet marketing, web development, promotions web design. Excludes Printing. See Print TOS in part II of this Agreement. InkTekMEDIA is a developer and provider of Marketing, Internet services on the worldwide web (www). Also, ITM provides commercial color printing services. The following services are covered by this agreement. Web design, hosting, maintenance, promotions, name registration, digital presentations, creative services and affiliate programs. These are specific services in their nature and other underlying services may also apply. InkTekMEDIA will assist client with name registration but makes no warranties or guarantees as to the availability or validity of the name registration process. NOTE: Name registration is done by a third party and certain factors may depend on the actual registration process and the availability of a name. Please check the name before submitting it for submission. All other services will be covered in the Service Agreement that follows.
SERVICE AGREEMENT InkTekMEDIA provides web page development, web based photo and video imaging and creation, consultation and training in the area of maintenance and marketing of commercial and personal web sites. Prices are computed on BOTH hourly basis in most cases, or per contract basis, unless otherwise specified and can range from a minimum of $75.00 per hour up to $175.00 per hour depending on the venue of service. Partial payment (% of estimate or 50% deposit – the higher amount) is due upon signing this agreement and the balance is due upon completion of the work and the final approve sign off on the project. Client and its agents agree to hold InkTekMEDIA, his associates, representatives, agents and affiliates harmless for any web site or service in question. If it is determined that the problem has occurred due to the content published by InkTekMEDIA to the server, InkTekMEDIA will restore clients original content to the server. InkTek MEDIA is not responsible for lost of income due to site outage or its accessibility. InkTekMEDIA is not responsible for lost of business due to a particular part or all of the web site or any other project not performing correctly and client agrees to hold InkTekMEDIA and all others harmless in this matter.
Trademarks and copyright materials: Client and its agents warrants that it has the right to use any and all applicable trademarks, photos and materials of contents, given to InkTekMEDIA to publish to the internet. Clients grants InkTekMEDIA full right to copy such items and publish them to the Internet. Client and its agents also agree to hold InkTekMEDIA harmless from any copyright infringements claims that might occur. Also, client and its participants and or agents also agrees that it will hold InkTekMEDIA harmless and not liable for any direct or in-direct or consequential damages or service interruption resulting from natural disasters and acts of war or nature and from the use of our products or services, or out of breach of any warranty, this includes, but is not limited to loss of anticipated profits, benefits, use data or programs.
MONTHLY MAINTENANCE FEES (MMF): Prices quoted initially to produce a web site and/or pages is not inclusive of prices to main said website on a month to month basis, if required. These prices are determined by the size and complexity of each site and additional fees may apply. Monthly Maintenance fees are optional and times limits are quarterly and yearly. The client or InkTekMEDIA may cancel the monthly maintenance agreement provided either party gives a 30-day written notice. Maintenance fees will be figured pro-rata if this should occur. Content for changes must be submitted in the proper format (see CONTENT SUBMISSION) InkTekMEDIA reserves the right to adjust MONTHLY MAINTENANCE FEES accordingly to reflect the amount of content submitted for change or addition to the web site or other items. If the increase is due to a general cost increase InkTekMEDIA agrees to inform client at least 30 days in advance of any increases in this area. Monthly maintenance fees do not cover creation of any original content images etc. MMF’s are billed quarterly and due 15 days after receipt of invoice, unless otherwise specified at the beginning of this agreement. An “excessive changes” charge will be incurred after the number of edits allowed in the Maintenance Agreement has been depleted. (See Content Submission).
TURNAROUND TIME: InkTekMEDIA makes no guarantee as to the time that a project will be completed due to the uncontrollable circumstances of content submission by the client. Project completion is determined by how fast the client submits the content. However, an estimated time will be given at the beginning of the project. The client is responsible for all content that goes into a particular project, unless client request that InkTekMEDIA produces the content. WORK IN PROGRESS: If for some reason after InkTekMEDIA has started development of a project and client decides to cancel the work in progress. Client agrees to pay InkTekMEDIA for all Internet work completed. Up to the point that client canceled the project. A fee (depending on the project and price) will be charged if a cancellation occurs. InkTek MEDIA must receive all cancellations, in writing at the following email address email@example.com CONTENT
SUBMISSION: Please note that in order for a project to be produced properly and on a timely basis, it is up to the client to provide InkTekMEDIA with the content and some sort of idea, plan and direction as to how the material will be presented. If InkTekMEDIA has to create content, direction, layout and design client will be billed accordingly on an hourly basis. A production meeting will be necessary to accomplish this matter. If client develops and delivers it content to InkTekMEDIA to publish on an “AS-IS-DO-NOT- EDIT basis”, client agrees to hold InkTekMEDIA harmless for any type errors and or miss print of content. Also, client should submit all content in a paper copy form of the content. The loss of said content and recovery is limited to replacement of the disk that the information is contained on. When client provides any information to InkTek MEDIA, is should be a copy and the client warrants by signing this agreement that it is submitting a copy and that the original is retain by client. Materials must be submitted to InkTekMEDIA, in the following formats.
- OPERATING SYSTEMS: (MAC OR PC)
- TEXT: Text can be complied by client in any word processing program but must be saved in (RTF) Rich Text Format. Hand or type written text will have to be processed to acceptable format and client will be billed hourly as stated above.
III. PHOTO’S ILLUSTRATIONS AND VIDEO CLIPS. These items can be created by client in Photoshop, illustrator, pagemaker, flash, and other photo imaging programs but must be submitted in the following formats: pict, gif, png, tiff, eps, jpeg, bmp, and gif formats. Original hard copy photo will incur a $15-20 scan charge (depending on size). Also, negatives will be charge extra for conversion and prices are determined by a photo developing shop. Video can be submitted on a VHS tape, CD-ROM, Zip Disk or HD Floppy. Client will incur a hourly charge for editing as stated above.
- HARD COPY FILES: If clients is unable to submit content in electronic formats. InkTekMEDIA will accept a hard copy of content that client wishes published. A processing fee will be charged.
- SPECIAL PROGRAMMING: Clients requiring special programming such as animation, web forms, scripts, store fronts, shopping carts and credit card pages will be charged on a hourly basis as stated above.
- Any material that could give rise to any civil or criminal liability under applicable law
- Any material that could infringe rights of privacy, publicity, copyrights, or other intellectual property rights without the permission of the owner of these rights
ITM reserves the right to refuse an order, which, in our opinion, may be illegal in nature or infringe on the rights of any third party. Delivery: Quoted turnaround times start when ITM verifies your approved order, provided we have the files needed to print your job, not from when your order is first submitted. Turnaround times vary and are not guaranteed. A surplus of cards is usually printed; however, order quantities are estimates. Due to the nature of the printing process you may receive +/- 10% the quantity ordered. No shipping changes can be made once the order is in production.
Turnaround: Once a job is submitted and approved is when Turnaround time is calculated and Business days only are considered when calculated them. Business days are Monday to Friday, and do not include weekends or holidays. Orders submitted on Saturday, Sunday, or holidays, will begin on the next business day. InkTek Media is not responsible for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Orders may not be ready on time due to unforeseen circumstances such as breakdown of equipment, power outages, etc., therefore turnaround times are not guaranteed. The selected turnaround for the job will reset if the provided files are replaced, or if they do not meet our specifications for optimum printing. All custom orders that require bindery and/or any special handling other than just printing will require additional time to be completed, in addition to the printing turnaround selected. Order Changes: As a courtesy to our customers, InktekMEDIA allows replacement of files not yet printed depending on the job status:
- At Prepress: one (1) free incident of replacing files per order, turnaround time resets based on the time the replacement files are received by InktekMEDIA
- Ready for Press: Once we have checked your file and it is ready for press we cannot accept replacement files. In addition, once the order is in production, it can no longer be cancelled or placed on hold. You also will not able to change anything that is production related such as quantity, adding or deleting items, and/or changing color schemes.
Complaints: All complaints must be registered within 30 days of receipt of job. Should the job contain manufacturing errors and/or defects, we will re-run the order at no charge. We maintain the right to judge what a manufacturing defect and error is. Sales Tax Tennessee: All Tennessee orders are subject to sales tax. If a customer is tax exempt, exemption certificate must be sent or faxed to us with the first order. Mailing Services & Every Door Direct Mail Services (EDDM): Please note that in providing Mailing and EDDM Services, InktekMEDIA neither makes any representation or guarantee as to the results you will achieve from using the Services, nor does it act as an agent, partner, joint venture, or in any other capacity on your behalf or on behalf of the United States Postal Service® (“USPS”). Delivery time averages from seven (7) to twelve (12) business days, however InktekMEDIA makes no guarantees in this respect. All issues related to delivery of mail are matters solely between the USPS® and yourself. Coupons: Coupons cannot be applied to orders containing custom quotes or towards mailing services. The following rules also apply to InktekMEDIA coupon codes:
- No cash or credit back
- Coupon Code must be submitted at time of order
- Expired coupons are not valid
- Tax and delivery charges are not included when calculating minimum purchase requirement
- Special services including, but not limited to, UV coating, shrink wrapping, and folding, will not be subject to coupon code discount
- Coupons are not valid on previous purchases
- Coupon Codes can NOT be combined with other coupons, unless otherwise specified
- InktekMEDIA reserves the right to withhold coupon code promotion(s) at any time without prior notification
- For promotional offers of 2 or more items, products in cart must be from at least 2 different category types
Customer satisfaction is very important to us and we are committed to high quality standards. However, there are some conditions beyond our control that are not covered by this guarantee:
- Spelling, punctuation or grammatical errors made by the customer.
- Submission of low resolution or low quality images.
- Design or color selection errors submitted by the customer
- Incorrect shipping address, undeliverable packages, or other errors created by the customer.
- We will reprint orders damaged or lost by the shipping carrier but will need photographs to submit to the shipping carrier.
- Damage to the products arising after delivery to the customer.
- We reserve the right to have you return the original order, before reprinting or refunding your order.
- This guarantee does not cover fees for mailing services, postage or associated incidental or consequential damages or claims. InktekMEDIA is not liable for U.S.P.S. errors, including loss or delay.
- This guarantee is limited to reprint of the original order quantity or refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
Please review your design carefully prior to submitting your order. In an effort to keep our costs low and provide you with a fast turnaround time, InktekMEDIA does not proof your artwork prior to printing.
Furthermore, client agrees to hold InkTek MEDIA harmless in any matter concerning clients web site and InkTek MEDIA liability is limited to restoration of clients information back to its original form. This agreement is null and void upon the agreement of InkTek MEDIA and the client. Client agrees to pay any legal fees incurred in collection of any money owed to InkTek MEDIA, and it’s associates and agents for services performed. Client agrees that any legal action concerning this agreement shall be govern by the laws of the State of Tennessee and venue for legal disputes shall be in Nashville, Tennessee, Davidson County, Tennessee. By Signing this agreement in person or reading it online client and InkTek MEDIA AGREE TO THE TERMS AS SET ABOVE. CLIENT MAY OPT-OUT OF THIS AGREEMENT BY giving InkTek MEDIA in writing (via email or USPS) a 7 day notice of it’s intentions to Opt-out and terminate this agreement. All deposits and payments will be forfeited and InkTek MEDIA OBILIGATIONS WILL END TO THE CLIENT. InkTEK MEDIA SHALL BE UNDER NO FURTHER OBLIGATIONS TO CLIENT EXCEPT TO RETURN ALL DOCUMENTS AND CONTENT TO THE CLIENT. ALSO, InkTek MEDIA shall return all content, password etc created for client while under this agreement.
Availability: ITM makes this TOS and other documents available at Inktekmedia.com. ITM provides this information to client to read at anytime. This aggreement starts when clients when clients makes deposits or payments.