|GENERAL OPERATING POLICIES
FOR PROBLEM CHILD KUSTOMS STUDIO
It is imperative that you review and understand completely the terms and conditions below PRIOR to entering into any work agreement or place an order of ANY kind with Problem Child Kustoms Studio, as stated on your LOA, with web address provided to guide you to this page. Any work performed by Problem Child Kustoms Studio will be furnished with the understanding that you have completely read and understand the following. If you have questions or concerns, please feel free to contact us at (480)353-1795, or via email . It is the responsibility of the end client to review and understand these terms. The Artist is available to discuss and clarify any items not immediately comprehended by the client, and encourages your questions or comments. Thank you.
Quick links to sections contained herein:
General Overview, Privacy, General Order Policy, Payment Policy, Store Special Promotions, Downloads/Media Streaming, Turnaround, Shipping, Cancellations, Returns, Refunds, Legal, Disclaimers, Service Specifics
PLEASE BE ADVISED:
ALL ARTWORK and INTELLECTUAL PROPERTY (read as "DESIGN CONCEPTS", "RENDERINGS", "SKETCHES", "ARTWORK", "COMPS", ETC ) presented on this website are the SOLE PROPERTY OF PROBLEM CHILD KUSTOMS STUDIO and its owner, respectively, and are PROTECTED UNDER UNITED STATES COPYRIGHT, and presented with ALL RIGHTS RESERVED. All designs, intellectual property and artwork in general are registered with the United States Copyright Office of the Library of Congress. In other words, everything is regestered and protected, and any use without EXPRESS, WRITTEN CONSENT is STRICTLY FORBIDDEN, and will be dealt with via the United States Library of Congress Copyright Office. We take a proactive approach to protecting our work, and pursue infringement vigorously. Please don't steal our work.
Thank you for your attention to this matter.
LATEST UPDATE: NOVEMBER 22, 2011.
BLACK FRIDAY DECK/CALENDAR BUNDLE PROMOTION.
Please be advised:
This is a limited-time offer. Only TEN (10) deck and calendar bundles, consisting of ONE (1) Limited-Edition 2011 Mahi Mah-T deck and ONE (1) AutoWeek/Rad Rides by Troy/Studio PCK 2012 calendar are available, per the offer statement made in our e-newsletter. There are ONLY ten (10) total available, and each is made available for sale via a link sent by email to the requesting customer. This link will expire on Saturday, November 26, 2011 at 11:59 PM PST. THERE ARE NO EXCEPTIONS.
This offer is NOT RETROACTIVE. Prior orders were shipped as requested, and any orders featuring this particular skate deck product did not include, implied or otherwise, a copy of the calendar. We WILL NOT retroactively provide any additional product to orders placed prior to the bundle offer being made this 23rd day of November, 2011. There are precisely TEN (10) caklendars available to complete the ten (10) offered bundles.
ONLY orders placed using the emailed links will include the deck and calendar. The item number is unique to each of the ten (10) available, and no duplicate orders will be filled. THERE ARE NO EXCEPTIONS.
AutoWeek Magazine and Rad Rides by Troy, Inc. are in no way affiliated with this offer. Their respective logos and company overviews are part of the printed calendar included in the offer, and this represents to totality in which each separate identity is involved. Problem Child Kustoms Studio is voluntarily including these calendars as part of a marketing and retail adventure, and claims no indemnity to either of the above-named companies, their employees, or affiliates, either in the past, presently nor in the future.
We reserve the right to refuse any request, for any reason deemed appropriate by our staff, including duplicate orders, multiple requests from same customer, and forged order attempts. When the ten (10) orders have been spoken for, this offer will be removed and not repeated again in the future.
As there are a limited number of calendars available to complete these orders, no extras, second runs, duplicate requests or otherwise will be granted, acknowledged or considered. This is a limited-time offer, and responsibility for ordering in a timely fashion is the SOLE RESPONSIBILITY of the customer, and we will take no responsibnilty nor shoulder blame for a missed order attempt or late order placement.
The TEN (10) available orders will be filled in the order in which they are received.
We are not responsible for
email lag, late delivery from an external server, blocked IP addresses, URL's, emails marked as "spam" or otherwise. We will not be held responsible for stopped clocks, mechanical or electronic failures, acts of God, weather, injury, nor any other impediment leading to a missed or late order. Phone orders cannot be accepted. We will, however, check on orders placed to verify for accuracy and signature requests.
Again, as this is a very limited quantity offer, and no extra stock exists to fill additional orders, you have been made aware of the actions required to procure one deck and calendar bundle as described above.
These orders will ship within 2 weeks, with tracking numbers provided at time of shipment. Please contact us with any further questions or concerns.
Participants in this offer agree to not hold Problem Child Kustoms Studio, nor its affiliates responsible for any damages, real or imagined resulting from a customer's inability to procure one of the above-described bundles
This addendum is in direct addition to the standard terms and conditions of this website and its online store policies. There are no exceptions, implied or otherwise, and customer agrees to all terms and conditions PRIOR to entering into any business with Problem Child Kustoms Studio, as described in detail below.
As with all retail purchases, the responsibilty lies with the purchaser. Please shop responsibly. Thank you for your patronage.
Problem Child Kustoms Studio, "Agency" hereafter, is a Hot Rod Design, Graphic Design and Print
Design Studio, holding a mailing address at P.O. Box 444, Higley, AZ 85236.
Phone hours are M-F, 8:30 AM - 3:30 PM, Arizona time, with consultation available by appointment only. Actual products or services
may vary from photographs, images, illustrations and/or descriptions shown, as limitations in final process may alter the artwork and/or artistic methods required to arrive at the finished product. Agency
(or employees, agents, sub-contractors, officers, partners,
subsidiaries, vendors, dealers, distributors, reresentatives, customers, other
owned by Agency, competing companies in Client’s market) is not responsible
for any unintentional omissions or typographical errors and reserves the right
to make changes to packages, services, operating procedures, colors, materials,
features, specifications, part numbers, pricing, service turnaround time, vendors,
and to discontinue any products and/or components at any time without prior notice.
PLEASE REMAIN ADVISED OF THE FOLLOWING:
Problem Child Kustoms Studio reserves the right to refuse service to any entity at any time.
Updates, changes, and/or substitutions to comissioned work are NOT unlimited. Typically, revisions are limited to two (2) changes (defined as "Minor Changes", i.e. those not requiring a complete rework of the art already in place. For example, changing a rendering to feature a chopped roof after initial design has been accepted would warrant a complete re-do, and thus new artwork, to be quoted at time of request. There are NO refunds issued in such cases for work already performed. Additional charges willo be added to final statement, and a down-payment will be required PRIOR to work on new version is to begin.), as included in original quote, with additional changes subject to hourly fees/additional materials and labor costs. There are NO exceptions.
as specific as possible at time of submitting design brief to avoid possible
charges and/or billable hours.
No LOA (Letter of Agreement, as defined below) will be honored without signatures of Client and Agent (Problem Child Kustoms Studio, as noted below), and will not be considered binding unless said signatures are affixed, and the document notorized by a Notary Public, if so requested. The notarization and witnessing thereof is the SOLE RESPONSIBILITY of the end client, and without said documentation, no claims may be made or held against Agency. Please be aware that ANY down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. Failure to leave a message (email, voice or post mail) regarding any communication will result in lost communication, and create delays with regard to a project or order. If there is information to be delivered, it is the responsibility of the Client to ensure delivery. Missed calls, lost post mail, emails accidentally delivered to a 'Spam' folder and other such incidents will be deemed as 'Acts of God', and thus are not the responsibility of Agency to research. Agency can not return any call that does not accompany a voice message, containing return contact information, such as a name and phone number. Please use courtesy and follow-up any messages left without a response. If any work is provided in the period prior to receipt of signed and notarized LOA, all funds are property of Agency, and NO refunds will be considered. The work provided during this period becomes the property of Problem Child Kustoms Studio, and use of said work will be viewed as theft, and proper legal action will be taken. No Copyright release will be provided, and all costs associated with legal action will become the financial responsibility of the client. Client accepts this PRIOR to any agreement for work to be performed by Agency. There are NO exceptions.
LOA'S expire 30 days from issue, there are absolutely no exceptions.
is used internally to improve the quality of service only. Please read our privacy
In order to provide the highest level of
service, please be advised that ALL CALLS AND COMMUNICATION MAY BE MONITORED AND/OR RECORDED to ensure proper service.
This privacy notice discloses the privacy practices for Agency (herin www.problemchildkustoms.com).
This privacy notice applies solely to information collected by this web site.
It will notify you of the following:
•What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
•What choices are available to you regarding the use of your data.
•The security procedures in place to protect the misuse of your information.
•How you can correct any inaccuracies in the information.
•Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time.
You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
•Change/correct any data we have about you.
•Have us delete any data we have about you.
•Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.
The computers/servers in which we store personally identifiable information are kept in a secure environment.
Your online purchases are secured, and verified via a GoDaddy.com SSL Certificate, as well as PayPal's secure checkout service.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
GENERAL ORDER POLICIES:
Placing an order may be accomplished utilizing one of the following methods:
(480)353-1795 -- For custom artwork/renderings/designs
Most t-shirt and print orders are shipped within 2-3 business days (depending on sales volume at time of order), and any delays in the shipping process will be noted to the consumer immediately. We hate to wait, and never want you to feel that way, either.
EMAIL: please utilize our Contact page for a complete list, or contact our office for a directory.
All 1st time orders require 100% pre-payment, unless specified differently by Agency at time of contract. There are NO EXCEPTIONS.
ALL DOWN-PAYMENTS must be made via check, money order or cash ONLY. There are no exceptions made either in terms of payment, nor in time of payment for services. Work will begin when payment has cleared (usually 7-10 days), and according to the scheduled begin date on LOA.
Agency WILL NOT process a payment, whether in check, credit card or otherwise from a third-party client without WRITTEN CONSENT from said third-party client. Please do not present us with a credit card or routing number for your client. We cannot, and will not accept this form or method of attempted payment for ANY SERVICE OR PRODUCT WHATSOEVER. THERE ARE NO EXCEPTIONS.
Subsequent orders require 50% deposit
with balance due upon delivery or 100% pre-payment before any work will begin
on your project.
30-day terms and credit terms are not offered on down-payments or balances.
Estimates are valid for 30-days only, unless prior arrangements are made.
and purchase orders or letters of agreement (LOA) must be returned to Agency signed, delivered scanned, signed and/or notarized (see above) via e-mail or post mail
BEFORE ANY WORK WILL BEGIN.
Any down payment made in a form that is deemed unacceptable at time of order AUTOMATICALLY RENDERS ANY EXISTING LOA VOID. (eg: un-signed checks, altered checks/money orders, third-party checks, post-dated checks, out-of country checks, etc). In the event of such payment, client will be notified, and either given opportunity to corect the situation, or consider any agreement for work void. Such forms of payment will be returned to Client via Certified Mail, and a new LOA must be requested, reflecting the current schedule for delivery of work/merchandise. There are NO EXCEPTIONS, and Client recognizes this prior to sending ANY form of payment.
Any down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. If any work is provided in the period prior to receipt of signed and notarized LOA, ALL funds are property of Agency, and NO refunds will be considered. If client wishes to modify the LOA operational dates or otherwise, this must be conveyed via Certified Mail prior to the LOA's 30-day valid stauts. Client accepts this prior to any agreement for work to be performed by Agency. There are NO exceptions. You have been advised prior to entering into any agreement, and recognize this by sending funds.
Client or customer failure to abide by the above-stated payment options and terms claim sole responsibility for any and all time and delays presented due to inability to conform to these terms and conditions. Agency will not be held responsible for such action, and Client assumes all responsibility for understanding these terms PRIOR to entering into ANY agreement with Agency. Please contact us if there are questions and concerns PRIOR to sending any unacceptable or questionable form of payment.
For prints and merchandies available via our online store, we accept cash, business, personal and certified checks, Discover, MasterCard, Visa, American Express and PayPal.
Rush delivery and art production service are available for an additional
fee schedule, as outlined below, and if order is 100% pre-paid.
that payment to Agency constitutes COMPLETE acceptance of ALL terms and conditions
herein, which may be subject to change at Agency discretion and without update
notification required. In the event that the Client fails to make any of the
payment(s) as agreed, the Agency has the right, but is not obligated, to pursue
any or all of the following remedies:
(1) terminate the Agreement, or
(3) pursue litigation.
If payments are not made within thirty days of invoice,
simple interest will accrue on the balance owed at the rate of 8% from the date
the invoice becomes past due.
If past-due account is for web design or development, all live pages will be removed or suspended until payment is made on the account. Failure to make payment after second invoice notice will be interpreted as theft of services, and will be treated as such, and reported to collections. We utilize an outside agency for collections, and any future communication regarding this debt will occur between our contracted provider and the client, and additional fees may be accrued during this time, and charged by Collection Agency.
Residents of Arizona purchasing Problem Child Kustoms Studio or Disturbingly Kool Brand merchandise will be subject to AZ State Sales Tax.
SPECIAL PROMOTIONS IN ONLINE STORE:
Be advised that any special promotions, discount vouchers, gift vouchers or coupons are subject to withdrawal at any time. Failure to enter a discount code or gift voucher number when checking out will NOT result in any reimbursement or refund, there are NO EXCEPTIONS.
It is the customer's responsibility to properly enter such information at time of purchase.
Unused promo codes, gift vouchers or coupons have no redeemable cash value.
The entry fields for such vouchers or coupons is clearly marked in the shopping cart.
Any questions or concerns regarding such vouchers should be addressed PRIOR TO PURCHASE. All effort will be made to clarify any questions or concerns prior to purchase. (you may phone 480-353-1795 between the hours of 7:00 AM and 3:30 PM, AZ time, Monday-Friday, or email firstname.lastname@example.org for assistance in such matters)
Products featuring Agency's work that are purchased from outside vendors (third party and licensing vendors) are the responsibility of that vendor, and all quality-related issues or communication should be made directly to the providing vendor.
DOWNLOADABLE PRODUCT/CONTENT IN ONLINE STORE:
Be advised that any downloadable content or product (i.e. screen savers, desktop or mobile wallpapers, video, sounds or image files, et.al.) offered in our online store DO NOT INCLUDE ANY DATA, AIRTIME OR TRANSFER FEES. These fees are controlled via your wireless provider, and are not, nor will they be refunded, reimbursed or charged-back in any form (cash, check, credit, store credit or merchandise) by the Agency. If you have questions regarding fees or rates of this nature, please contact your provider for information.
It is the customer's responsibility to properly review their device limitations, storage and airtime agreement PRIOR to entering our store to purchase or make use of downloadable content.
Agency neither claims nor implies any warranty for downloadable content, and customer assumes all risk associated with downloading content, including but not limited to:
Damage to device, errors on device resulting from corrupted or damaged data, loss of use of device due to download/memory issues, or any other circumstance, whether directly or indirectly linked to use of downloaded content from this or any Agency owned or operated site, domain or hosting service (first, second or third-party) website
or delivery service.
Client relinquishes any and all rights to litigation or arbitration upon entering into the shopping cart to download any content or media from Agency.
Downloadable materials from the Agency MAY NOT be re-sold, re-posted or otherwise distributed without written, verified express permission from Agency.
Products featuring Agency's work that are purchased from outside vendors (third party and licensing vendors) are the responsibility of that vendor, and all quality-related issues or communication should be made directly to the providing vendor.
Service turnaround is subject to workload,
availability, seasonal variation and other factors which may be beyond our control,
but guaranteed turnaround may be available in some instances.
BE CERTAIN TO INQUIRE AT TIME OF ORDER.
Re-works due to client "changing their mind" or changing the subject matter of a project, or changing of needs for a particular project are subject to availability of time on the schedule, and are never guaranteed immediate turnaround. Remain advised of this, as well as the potential for additional charges if this situation should apply to your project.
Orders placed during certain times of the year (prior to SEMA
show, CES and OEM rendering season, etc.) may
take significantly longer and may incur a 20% rush charge, especially when ordering
within one week of rendering deadline. Please note that "overnight" turnaround
MUST BE SUBMITTED PRIOR TO 11:00 AM Arizona time, AND THAT SUCH RUSH ORDERS WILL BE SUBJECT
TO AN ADDITIONAL 150% "OVERNIGHT RUSH" CHARGE. There are NO refunds
Rush" orders, and prior payment arrangements MUST be made before work will
THERE ARE NO EXCEPTIONS.
USPS is our standard shipping method.
Both UPS Ground® and FedEx® ground shipping are available
the 48 contiguous United States (Alaska, Hawaii, International, Standard Overnight,
Priority Overnight, First Overnight, and Saturday delivery will be assessed additional
charges), as well as United State Postal Service (USPS) standard and "Urgent" shipping upon customer request. Local clients may opt for hand delivery as an alternative.
INTERNATIONAL ORDERS are subject to additional shipping charges, and will be contacted with a shipping quote on orders placed. Please be advised that som international orders may require extnded shipping times, due to traffic, customs holding times and other instances that are out of Agency's control when shipping outside of the Continental United States. We will make every effort to ensure that your order leaves with all applicaple paperwork in order, and that the packaging is to proper standards to ensure smooth and efficient delivery.
Overnight Rush orders may be delivered via electronic mail, or via download utilizing
FTP. In such conditions, final print output is the sole responsibility of Client,
and Agency assumes no responsibility for poor print quality that is the result
of Client's hardware or client modification of said files once downloaded from Agency, or Agencys chosen third-party hosting provider.
The following are the responsibility of the Client: freight charges
(including but not limited to in-bound, hand deliver, shipping, packaging and
handling, duties, taxes, special delivery, overnight delivery, Saturday delivery,
same day delivery, courier fees, and insurance in some cases -- this wil be determined at the outset of a project).
Agency shipping rates are not marked up from those of the carrier, and reflect the carrier's current pricing schedule. Thus, shipping rates are potentially subject
to change without prior notice.
All other shipments, unless specified at the
time of the order, will be shipped at our discretion via UPS, FedEx Ground or
United States Postal Service.
All orders are shipped insured and signature confirmation requested FOB shipping
Agency is not responsible for lost, damaged, stolen or delayed
Again, ALL INTERNATIONAL ORDERS MAY BE SUBJECT TO ADDITIONAL SHIPPING/HANDLING AND/OR DOCUMENT FEES.
CANCELLATIONS, RETURNS & REFUNDS:
Agency provides a variety of services including but not limited to marketing,
advertising design, graphic design, rendering and web layout design.
Because all work
custom and service based which is open to interpretation, cancellations, returns
refunds are not accepted (excluding web maintenance agreements which can be cancelled
provided a 45-day written notice is received). Client agrees to this PRIOR to signing an LOA or entering into any agreement for work, verbal, written, implied or otherwise. Any down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. If any work is provided in the period prior to receipt of signed and notarized LOA, all funds are property of Agency, and no refunds will be considered. Client accepts this prior to any agreement for work to be performed by Agency. There are NO exceptions.
LOA'S returned signed and dated after 30 days of issuance are deemed null and void, and any funds paid for said work are also null and void, and become the property of Agency. A new LOA and quote may be issued, requiring receipt of 100% poayment in full PRIOR to any new work being initiated.
If Client seeks to cancel order
or if Client abandons project for any reason (i.e., if Client does not respond
to Agency for a minimum period of 30 days), Client is responsible for full payment
and Agency is under no obligation whatsoever to issue a credit or refund.
such instances, Client project will be considered forfeit and Client agrees not
to dispute the charge with their bank, lender or credit issuing company, and forfeits any legal action against Agency.
Each party agrees that information that is confidential or proprietary may be
disclosed to the other party, including, but not limited to software, technical
processes and formulas, source codes, product designs, sales, costs and other
unpublished financial information, product and business plans, advertising revenues,
usage rates, advertising relationships, projects, and marketing data ("Confidential
Neither party shall make any disclosure of Confidential Information
to anyone other than its employees who have a need to know in connection with
Each party shall notify its employees of their confidentiality
obligations with respect to the Confidential Information and shall require its
employees to comply with these obligations. The confidentiality obligations of
each party and its employees shall survive the expiration or termination any
agreement between Agency and Client.
All images, written, intellectual and other material on this website are Copyright © Problem Child Kustoms Studio.
No photograph, artwork, digital image or text from this website may be reproduced without the prior written permission of Problem Child Kustoms Studio. Original designs and intellectual property are registered and presented with ALL RIGHTS RESERVED. There are no exceptions.
No imagery on this website may be reproduced commercially or for private use in any context whatever, either in printed or digital form, without EXPRESS, WRITTEN PERMISSION of Problem Child Kustoms Studio and accompanying agreement of the appropriate reproduction and licensing fees.
Problem Child Kustoms Studio embraces a proactive approach towards protecting the copyright of our concepts, digital art, traditional art, written works and intellectual property. It is the policy of Problem Child Kustoms Studio and its benefactors to actively pursue all infringement vigorously, and take legal action when deemed necessary. Any infringement will be dealt with swiftly, and, above the standard protocol for legal and punitive damages, the infringing party will be subject to invoice at triple retail charges for the stolen work, including all rush, processing and additional fees listed in our General Terms, payable immediately upon receipt.
Failure to provide a signed and notarized LOA renders end clients rights to artwork Copyright null and void, and all works created, regardless of payments made on-time or late, remain in the possession of Agency. At Agency's discretion, rights to reproduce and use said artwork may be negotiated with Agency. Client waives all rights to outside intervention in this matter, as responsibility to return proper signed and notarized paperwork is the SOLE RESPONSIBILITY OF THE CLIENT, as described above.
Client agrees to defend, hold harmless and indemnify the Agency against all claims,
damages, costs, liabilities, expenses and settlement amounts (including reasonable
attorneys’ fees) in connection with any claim, action or proceeding by any third
party alleging that all or any portion of the content or product provided by Client for
a web site or other deliverables infringes such third party’s patent, copyright,
trademark, trade secret, or other intellectual property right(s).
shall not settle any such claim or action without the Agency’s prior written
Client further agrees to indemnify and hold harmless the Agency for
any claims, damages, costs, liabilities, expenses and settlement amounts (including
reasonable attorneys’ fees) in connection with ANY claim, action or proceeding
by any third party arising from Client’s publication of material or use of material
developed by Agency or that may arise or result from any service provided or
performed or product sold by the Client.
The Client shall not hold the Agency responsible for any injury, lost wages, property damage or otherwise resulting from use of one of our products or services. Client assumes all risk associated with use of said product, and hereby assumes all responsibility associated with their actions. The Agency is not a sports equipment retailer, and all skate decks sold via the online store are sold with the express understanding that they are works of art, and are to be treated and used as such: Display items ONLY. Attempts to use these items in any way that varies from this description is at the sole discretion of the Client, and the Agency will not be held liable for injuries or damages resulting from said use.
Our artwork licensing fees are competitive given the quality and uniqueness of our work. Our pricing schedule is competitively lower than many standard arrangements in the industry, and we feel that it offers tremendous value. We do not offer any bulk pricing, as each work has unique qualities. Please contact us for more details.
Licensing fees are based on intended usage. Please provide us withn outline of your intended use for each work, so that we may provide an accurate quote, and supply proper formats to you for production of licensed works.
LIMITED WARRANTY AND LIMITATIONS ON DAMAGES:
The Agency represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted
pursuant to this Agreement.
b. that any work or other deliverables do not,
and will not in the future, infringe any intellectual property (including, without
limitation, any copyright, U.S. patent, or trademark), publicity, privacy or
any other proprietary rights of any third party and are not defamatory.
The Client represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted
pursuant to this Agreement.
b. that any content provided to Agency (including but not limited to elements
of text, graphics, photos, designs, trademarks or other artwork furnished to
the Agency for inclusion in any Client Collateral materials) does not, and will
not in the future, infringe any intellectual property (including, without limitation,
any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary
rights of any third party and is not defamatory
c. that the Client will not pursue legal action against Agency in any form. All issues arising will be decided by an independent arbitrator located in Maricopa Country, State of Arizona. There are no excpetions.
Agency is allowed to promote relationship with Client (with or without Client
expressed approval and during or after Client relationship) for as long as Agency
sees fit. This applies to anything the Agency prepares or assists in preparing
for Client including but not limited to advertising, graphic design, marketing,
rendering and/or web design services and/or materials.
Client agrees that
Agency is not exclusive to Client and Agency is free to represent any other company.
Furthermore, Agency cannot in any way be held responsible for any existing or
future Clients of Agency who may directly or indirectly enter into competing
markets against said Client in this agreement. Agency is under no obligation
to disclose to it's Clients potential conflicts which or may not exist between
itself and other Clients and cannot be held liable for damages which may occur
as a result of such a conflict.
Fees charged by Agency do not include advertising space fees; advertising short
rates; printing; postage; bulk mail processing fees; mailing list processing
fees; fax charges; photography charges; 800# setup fees or long distance charges
or any other fees relating to advertising tracking; phone charges of any kind;
copywriting; copyrighting or trademarking; software; training of any kind; freight
charges (including but not limited to in-bound, hand deliver, shipping, packaging
and handling, duties, taxes, special delivery, overnight delivery, Saturday delivery,
same day delivery, courier fees, and insurance); printing vendor proofs; SWOP
proofs; rush charges; changes after deadline; state tax for Arizona companies
Agency is not responsible for risk with respect to liability,
perceived or actual copyright infringement or litigation or damages arising from
copyright infringement; damages resulting from computer viruses, worms, Trojan
horses, computer spyware; computer failure or malfunction; computer corruption;
damages caused by identity theft and/or credit rating; legal research or advice;
minor product scratches from handling; in-transit damage; printing errors; typographical
errors; factual errors; delays caused by any circumstances out of our control;
acts of God; theft; riots; fires; floods; hurricanes; vandalism; misplaced items;
lost items; or other items mentioned in this agreement as not included; credit
card/debit card processing fees; credit card/debit card interest fees; any associated
bank or credit card fees; legal fees of any kind or any litigation arising from
Client’s association with Agency or any damages of any kind; claims or financial
loss (implied or actual), inconvenience, lost opportunity costs, damages to any
relationship (personal or business), damages to reputation caused by Agency (or
employees, agents, sub-contractors, servants, officers, partners, assigns, subsidiaries,
vendors, dealers, distributors, reps, customers, other companies owned by Agency,
competing companies in Client’s market).
Agency WILL NOT be held responsible for Client's lost wages, time or market share for any reason, including late delivery on project, lost time due to re-works, revisions or otherwise. Client agrees prior to working with Agency that this is acceptable risk, and that all risk and responsibility in this matter lies with the Client and their representatives/partners. Client waves any rights to file suit, arbitration or otherwise prior to beginning any work with Agency.
ASSIGNMENT OF PROJECT:
The Agency reserves the right to assign certain subcontractors to this account
to as deemed necessary by the Agency. The Agency warrants all work completed
by subcontractors for this account though the subcontracors used.
To repeat above conditions, NO WORK will be provided in ANY format without Client's return of signed and notarized LOA within the timeframe stated on the original LOA. Funds paid to Agency prior to the return of signed and notarized LOA within that timeframe become the property of Agency, and refunds are at sole discretion of Agency. ANY work performed in that grace period is subject to full charges of quote amount, should Client rescind, or seek another Agency for their project. Client understands this policy PRIOR to entering into any agreement with AGENCY, be it verbal, written or otherwise. There are NO exceptions to this policy.
(see above for down-payment and acceptable forms of payment information)
This policy shall be binding upon and insure to the benefit of the Client and
the Agency and its respective successors and assigns, provided that the Agency
may not assign any of its obligations under this Agreement without the Client’s
prior written consent. This agreement begins upon first contact with Agency and through duration of any project or termination of any project, whichever shall present itself.
a. The following shall be the sole and exclusive property of the Client:
(i) Any text, photos, graphics, audio components, software, documentation, images,
or other materials of any kind or nature made available to the Agency by the
Client for use in development or publication of the Work.
(ii) The Client’s trademarks, service marks, copyrighted materials, and all materials
listed in (i) above shall remain the property of the Client, except where noted at outset of project.
b. The following shall be the property of the Agency: All text, photos, graphics,
audio components, programs, routines, subroutines, interfaces, navigational devices,
menus, menu structures or arrangements, icons, help and other operational instructions,
computer code, procedures, scripts, software designs, database designs, or other
materials of any kind or nature originally developed by the Agency or licensed
to the Agency for general use by the Agency. Client shall be granted an exclusive
license to use the Work created by Agency for Client subject to the terms and
provisions in (c). However, Agency shall own all copyrights to the Work and retain
ownership of the original Work. Agency is under no obligation, whatsover, to
provide software, software training, processes, databases, mailing lists, links,
files, e-mails, fonts, backgrounds, calibrating equipment, printing equipment,
computer equipment, photographs, icons, special effects, vendor information,
personal contact information, original un-flattened artwork to Client. Agency
chooses all software, hardware, vendors, processes, etc. at its own discretion.
Agency is not responsible for Client compatibility with the aforementioned and
is under no obligation to transfer information over to non-standard Agency platforms
(all transfers will occur at Client expense).
c. Agency grants Client an exclusive license to the original artwork for Client's
business/personal use provided Client understands and is authorized by you Company
to agree to the following:
Client is granted a limited use license however
Agency retains the exclusive right to use the artwork in Agency portfolio and
promote Client design as a sample of Agency work at Agency discretion for any
purpose Agency chooses for as long as Agency chooses. Terms of any license will be made via the project LOA.
All disputes that arise out of or relate in any way to this Agreement shall be
governed by and interpreted in accordance with the substantive law of the State
of Arizona, in addition to any applicable federal law.
Venue for the resolution
of any dispute arising out of or relating to this Agreement shall be in Maricopa County, Arizona, at the sole discretion of Agency, and take place via an independent arbitrator.
GENERAL DISCLAIMERS (Applies to All Services):
Client is responsible for supplying company specific typefaces not currently
available in the Agency typeface library; any and all company and/or product
logos, product and/or vehicle photography in the following formats (prints, slides,
negatives or 300 DPI digital .TIF, .JPEG, or .EPS); space charges (Client will
always be direct billed from publisher); SWOP proof charges; signing publisher
liability waivers and space contracts; digital proofing via Agency web site (including
but not limited to checking of accuracy of facts and/or claims, product part
numbers, product descriptions, product names, product pricing, all company contact
information, copyright/trademark notice, etc.); final approval via Agency web
site; design fees and all related service fees provided by Agency if project
is abandoned or cancelled. Agency supplied typefaces, illustrations; backgrounds
and photography are not exclusive to any specific Client. If Agency provides
photography services to Client (always at an additional charge), Client is responsible
for supplying all products/vehicles/etc. to Agency. These items will be returned
to Client upon completion of project. Certain products and/or services provided
by Agency may require utilization of a 3rd party vendor. As such, final pricing
and availability are subject to change from those listed on our web site and/or
price guides when you place your order. We will try to notify you of such a change
when order is placed.
Agency WILL NOT be held responsible for Client's lost wages, time or market share for any reason, including late delivery on project, lost time due to improper or insufficient payment, late payment, re-works, revisions or otherwise. Client agrees prior to working with Agency that this is acceptable risk, and that all risk and responsibility in this matter lies with the Client and their representatives/partners. Client acknowledges this prior to entering into contract with Agency.
BE ADVISED: Absolutely NO WORK will begin without the receipt and clearance of the down-payment. There are no refunds on comp work, or pre-visualization work for a project. If the project is terminated by either party, the client may request to have comps created for their project supplied to them in a flattened .jpg or .tiff file, either by email or on CD. There are no exceptions. Any down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. If any work is provided in the period prior to receipt of signed and notarized LOA, all funds are property of Agency, and no refunds will be considered. Client accepts this prior to any agreement for work to be performed by Agency.
There are NO exceptions.
BE ADVISED ALSO: Any requests for refund due to Client's change of project scope, requirements, technical requirement changes or dispute are the SOLE DISCRETION OF AGENCY, there are NO EXCEPTIONS. Client agrees to this term PRIOR TO signing an LOA, or agreeing to ANY service offered by Agency.
1999 PRICING SALE -- SALE HAS ENDED. POSTED AS ARCHIVAL REFERENCE ONLY.
Our "Pricing Like It's 1999" single-view rendering sale applies ONLY to work orders placed between 1/1/10 and 2/28/10. All prior work orders and quotes are not subject to this sale, and absolutely no retroactive pricing or discounts will be honored or modified with respect to this event. All work orders placed in the sale period will be honored on a first-come, first-served basis, and scheduling will be based upon amount of work taken in and receipt of payment.
•This special applies ONLY to single-view renderings (front or rear 3/4 or profile views).
•Additional views may be ordered at additional cost.
•All renderings will be delivered on 19x13-inch premium quality stock, packed in mailing tubes and sent via USPS
•All work orders must be submitted with proper payment and a signed copy of the LOA
Any requested "rush" orders will be subject to our standard Rush Fees as defined in our standard terms and conditions.
As this is, by nature, a limited-time offer on a single service, there will be no refunds on previously-created works, and any revisions will be limited to one round. Please be advised that expected workflow will be high, and that phone calls will be returned as quickly as possible, and phone volume will be higher than usual during this sale. Your calls and inquiries will be returned in the order received and with the greatest of concern.
ADVERTISING AND DESIGN:
All ads designed by Agency which include the Problem Child Kustoms Studio or Disturbingly Kool logos make the Client potentially eligible to receive a
15% agency discount. The discount may be applied to future design projects with
Problem Child Kustoms Studio.
All changes after final approval and are subject
1/2 hour minimum.
All work requested after published magazine close dates or
necessary printing deadlines are subject to a rush charge of 20% of the design
Agency makes no guarantees to ad response rates (including but not limited
to phone calls, web site hits or click throughs) and conversion rates. Agency
cannot guarantee the colors shown in any digital or printed proof will match
the final printed piece supplied to or by any printer or publisher. Client understands
that all 2-color, 4-color or more designs and/or designs appearing in newsprint,
on silk-screened apparel, on embroidered apparel, etc. are subject to substantial
color variation and significant additional color setup charges for which Agency
cannot be responsible.
Renderings are custom, mixed media commissioned artwork provided on a first come,
first served basis and are not returnable or cancelable once began. All projects
require in-depth input from the Client using on our online viewing and approval
system (e-mail can be used as an alternative).
times mentioned verbally, electronically or on order forms are approximations
only, never guaranteed to be within a specific time period and subject to work
load and development of concept(s).
All orders placed 3 weeks (or less) before
the published OEM proposal deadlines are subject to a mandatory 100% rush fee. There are no exceptions. This translates to 100% additional fee, added to the rendering quote. Please schedule accordingly to avoid such charges.
Client understands that special concepts, elaborate concepts, prototype concepts,
etc. can take several weeks or months to complete and require in-depth input
from the Client for completion. Upon completion, renderings are delivered unframed
unless a frame is specifically ordered at an additional charge, and remain advised that this may add substantial time for delivery.
Renderings and conept art ARE NOT subject to unlimited re-works, re-designs, or otherwise, and any such additional work after submission of work may be subject to additional fees for work provided, as well as subject to availability of time to complete such changes once an agreement has been made therein. If a design changes while actual project is in construction, assembly or otherwise, and the rendering/artwork is requested to be changed, charges will apply according to time and work involved. There are no exceptions.
Our renderings are 19" wide by 13" tall on average, and are delivered on superior paper stock.
subject to the terms and conditions of our ownership rights agreement.
Please contact us for enlisted military rates, as discounts may apply.
Client is responsible for web hosting; domain name registration; secure server
certificates, merchant account setup and processing fees; order processing fees;
shopping cart license fees, providing: current web site user name; password;
web host contact information; all existing web site files; naming software titles
currently used to maintain web site; basic technical information.
Agency is NOT a software or Web Development company, but is a Design Agency specializing in visual composition. All development work will be either sub-contracted or purchased from a reputable provider, and integrated either in-house, or by a third-party provider. Agency neither claims nor professes to be a developer of web systems, software, integration or strategy.
Agency is NOT a systems architecture expert, nor does it make any claims to be. Agency does not design systems, networks, computer systems or infrastructure. Agency DOES not repair, customize or offer computer systems for sale. Agency does NOT develop software or applications for business, home or graphic design and entertainment use.
Agency is a MAC-based operation, and does not work in a Windows environment, possess Windows software, nor develop applications or software for Windows. Any files provided by Client to Agency MUST be accessible to Agency in the MAC Operating System, and any file transfers or documentation deemed unreadable by Agency systems will be dismissed, or placed before a third-party to access. This may be subject to additional fees, which Client will be advised prior to Agency pursuing outside assistance. Client agrees to this policy PRIOR to beginning ANY project with Agency, and agrees to make concessions with regard to time, assistance opening or converting files, or replacing files delivered in an inaccessible format. Any time lost on a project due to an issue as described here is the SOLE RESPONSIBILITY OF THE CLIENT.
time, data backups, anti-virus protection, spam protection, denial of service
attacks, server speed or lack thereof, data corruption while on host web server,
fault tolerance, host server power supply, power backup, general data security
are the responsibility of the Web host and the Client, not Agency.
that agency does not warrant that web site will work on all platforms or will
be available for any specific percentage of time.
Web site maintenance agreements
are to be paid via pre-arranged method on the 1st or 15th of every month.
requests or requires any of the following custom programming, the programming
may be provided
by a 3rd party at Client expense: including but not limited to CGI, Perl, Python,
PHP, ASP, Cold Fusion; Oracle, Microsoft SQL, DOS, Virtual Basic, Flash, C, C+, C++ and certain XML functions. Client remains advised to research such technology and discuss any limitations with Agency PRIOR to any work being performed. This is Client's responsibility, and Client is aware of this prior to signing an LOA, or agreeing verbally or otherwise for any work from Agency.
web sites can be completed approximately 8-12 weeks provided all information requested
of Client is received in a timely manner.
Complex or E-commerce web sites can
take approximately 6-15 months. Completion times listed are general only and
subject to change depending on design elements, database(s), image enhancing
and other factors.
Additional pages not within the scope of original web design
or maintenance contract are billed $150/page and associated images scans with
color corrections and clipping paths are $90/scan.