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TERMS OF AGREEMENT
By entering into any contract or agreement with Cinch Creative Media for products and/or services to be provided by Cinch Creative Media, including without limitation ordering any products or services through the Cinch Creative Media web site (hereinafter referred to as your “Contract” with Cinch Creative Media), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).
For purposes of these Terms and Conditions, references to the products and/or services provided by Cinch Creative Media shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protected, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials, search engine marketing and other design services, and any and all future product or service offerings of Cinch Creative Media.
If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Cinch Creative Media or enter into your Contract with Cinch Creative Media. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Cinch Creative Media reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Cinch Creative Media shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
LOGO DESIGN TECHNICALITIES
The logo designed will have a CMYK color model. If Pantone colors are needed the exact values should be specified.
The source file will be .ai [Adobe Illustrator 10] or .psd (Adobe Photoshop 10), which will be converted to curve and thus allow editing of size, color etc but the fonts will be converted into paths/outlines/graphic objects.
Other formats sent will be:
• JPEG (for screen view)
• PDF (CMYK Printable)
• EPS (scalable file for printing)
• GIF (RGB color file with transparent background)
PAYMENT
Payment for any and all products and services to be provided by Cinch Creative Media under your Contract is due in advance of the commencement of any work by Cinch Creative Media. Your logo designs will be delivered in a JPG format to our customer panel, which you must view by logging in to our admin panel with a user ID and Password provided by you, but Cinch Creative Media, with the email that you provided us. If your email you provide is not valid or is filtered by your email system, Cinch Creative Media will not be liable for any late service fees and will not refund clients for this reason.
Cinch Creative Media shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Cinch Creative Media will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.
In any event, any deposited funds for a project shall not be subject to refund after delivery of the first set of logos or website design templates. Unless Cinch Creative Media cancels or terminates your Contract for a reason other than your breach or non-performance, Cinch Creative Media shall not refund any portion of your purchase price. If for any reason a refund is granted, $99 will be kept by Cinch Creative Media, for the services that have been rendered.
Cinch Creative Media will only refund your money if our management team has deemed that Cinch Creative Media has not delivered services in an efficient and effective manner as promised. Our cash refund amount is as follows if you are not satisfied:
Request refund after first concepts (this applies to logo, web, stationery, brochure and other design concepts): Full amount less $100 handling and processing fee.
Additional design costs to be charged with refund request:
$100 for each redraw (draft)
$50 for each revision (draft)
$65/hr for any other changes
DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Cinch Creative Media shall deliver your product and/or service to a temporary location designated by Cinch Creative Media for your review. Cinch Creative Media will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 60 business days from the date of delivery to said temporary location to notify Cinch Creative Media in writing of your acceptance or rejection of the product and/or service. Your failure to notify Cinch Creative Media in writing of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify Cinch Creative Media in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which Cinch Creative Media shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Cinch Creative Media shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. The project may be re-opened only upon Cinch Creative Media’s discretion.
PROPRIETARY RIGHTS
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Cinch Creative Media or refer to Cinch Creative Media in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.
Cinch Creative Media MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Cinch Creative Media WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.
Upon your acceptance of the product or service and Cinch Creative Media’s receipt of payment in full therefor, Cinch Creative Media will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Cinch Creative Media for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Cinch Creative Media and accepted by you shall at all times remain the property of Cinch Creative Media and you shall have no right in or to such products or services.
Cinch Creative Media retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Cinch Creative Media for display and self-promotional purposes, regardless of your acceptance and Cinch Creative Media’s delivery of the same to you.
Cinch Creative Media specializes in designing websites and custom logos. We can not grant requests duplicate any designs that have been previously designed by Cinch Creative Media or any other company unless you can provide notarized written notice from an executive member of the company. Cinch Creative Media will design a logo with a similar look and feel as the design you requested. Refunds will not be provided to companies who have ordered logos and did not receive an identical design to an already trademarked or designed logo. Cinch Creative Media will work with your company to develop an original design you are satisfied with.
TERMINATION
Cinch Creative Media reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Cinch Creative Media, your Contract and/or your access to the Cinch Creative Media web site, at any time and without prior notice. You agree that Cinch Creative Media shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Cinch Creative Media web site. In the event that Cinch Creative Media rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Cinch Creative Media will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Cinch Creative Media ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, Cinch Creative Media HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Cinch Creative Media MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Cinch Creative Media DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Cinch Creative Media WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Cinch Creative Media OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Cinch Creative Media TO YOU, EVEN IF Cinch Creative Media HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Cinch Creative Media’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Cinch Creative Media’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Cinch Creative Media UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
PRINTING LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Cinch Creative Media OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not exclude any other printing issues: color variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside for Cinch Creative Media, inc. This includes any vendors that may be listed on Cinch Creative Media.com.
INDEMNIFICATION
You agree to indemnify and hold Cinch Creative Media, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Cinch Creative Media in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Cinch Creative Media pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of Cinch Creative Media, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Cinch Creative Media in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Cinch Creative Media is strictly prohibited.
Copyright © 2007 by Cinch Creative Media, LLC. All rights not expressly granted herein are reserved.
GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Pennsylvania. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions.
GENERAL
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Cinch Creative Media regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Cinch Creative Media regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Cinch Creative Media unless otherwise agreed to by Cinch Creative Media in writing. The failure of Cinch Creative Media to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Refund Policy:
Cancellations:
A "Cancellation" occurs when the Customer or Supplier voids an order for a withdrawal of funds from a Customer's Card account or bank account before a sale is sent for deposit. Cinch Creative Media will not collect a deposit from the Customer and the previously authorized funds will be released at the Card issuing bank's discretion.
After a sale is sent for deposit, any attempt to reimburse the cost of a Product to a Customer constitutes a Refund and shall be dealt with as set forth below. You may contact us regarding your purchase from Cinch Creative Media within 7 days of delivery for a full refund.
Returns:
A return occurs when a Customer returns Products previously purchased from 2CO ("Return").
Cinch Creative Media will not reduce the amount of a Refund by the assessment of a "restocking fee" or any other charge (including shipping charges) for any Return that occurs in accordance with Cinch Creative Media's Return Policy.
Refunds:
A refund is the actual reimbursement of the cost of a Product to a Customer("Refund"). Cinch Creative Media accomplishes the Refund by reversing the amount previously charged to the Customer's Card or account at the Card issuing bank and the appropriate amount is credited to the appropriate Card or account at the Card issuing bank of Customer.
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Terms