TERMS AND CONDITIONS OF SERVICE

By entering into any contract or agreement with Adrift Graphics for products and/or services to be provided by Adrift Graphics, including without limitation ordering any products or services through the Adrift Graphics web site (hereinafter referred to as your "Contract" with Adrift Graphics), 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 Adrift Graphics shall include, without limitation: logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, 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 Adrift Graphics.

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Adrift Graphics or enter into a Contract with Adrift Graphics. 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.

Adrift Graphics 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 Adrift Graphics 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.


GRAPHIC DESIGN TECHNICALITIES
Colors:
The default color model for our design work is the CMYK format, unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project may have an additional charge.

File Format:
The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.
Other formats provided may include Freehand, Windows Meta file (.wmf), JPEG, TIFF, EPS, GIF and PDF. Additional formats can be made available upon request.


ILLUSTRATIVE DESIGN: 
Some designs may require an illustration, or hand-drawn sketch, which is beyond the scope of a standard design and is not included in the packaged options. Our illustration process is as follows:


1. Adrift Graphics will upload one hand-drawn sketch of the illustration, which will be based on initial Client input.

2. If you are not satisfied with the first draft, we will provide an additional concept, or “redraw”. Additional “redraws” are $150.

3. Adrift Graphics will provide only four (4) revisions to the Illustration. Should you require more than four (4) revisions, additional fees of $50 per revision will apply.

4. Once you approve an illustration, Adrift Graphics shall convert the illustration into digital (vector or bitmap) format.

5. If the illustration was purchased as part of a logo project, and only after the illustration is in digital format, Adrift Graphics will then integrate your company name with the illustration to form the first drafts of the logo. From this point onward, the logo process will proceed normally. 


PAYMENT
Full payment for any and all products and services to be provided by Adrift Graphics is due in advance of the commencement of any work. Any projects totaling more than $3,000 will require a 50% up-front payment. This balance is due prior to commencement of the project. The remaining balances must be paid in full upon reaching the project's milestone agreed upon prior to the commencement of the project.

Concepts and Revisions will be uploaded in JPG or GIF format into a private web page accessible only by Client and Adrift Graphics, which you must view by clicking on a URL link sent by email by Adrift Graphics at the email address you provided when you placed your order. If the email address you provide is not valid, or is filtered by your email system, Adrift Graphics will not be liable for any late service fees and will not refund clients for this reason.

Adrift Graphics 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. Adrift Graphics will notify you of any additional charges under your Contract prior to commencing performance of its obligations thereunder.


REFUND REQUESTS
Graphic design is a professional service, not a restockable product or commodity - customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, Adrift Graphics charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance (except in the case of copyright infringement as noted above).


DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Adrift Graphics shall deliver your product and/or service to a temporary web location designated by Adrift Graphics for your review. Adrift Graphics will notify you via email 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 30 business days from the date of delivery to said temporary location to notify Adrift Graphics in writing of your acceptance or rejection of the product and/or service. Your failure to notify Adrift Graphics in writing of your rejection of the product and/or service within said 30-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 Adrift Graphics in writing of your rejection within said 30-day period, including a detailed explanation for such rejection, following which Adrift Graphics 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, Adrift Graphics 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 30 days from the last revision. The project may be re-opened only upon Adrift Graphics’ discretion. 
Any notification to Adrift Graphics to “finalize” any project, written or verbal, will deem the project “finalized” and “completed”. Adrift Graphics will email you with a URL link that will enable you to download the final files. Finalization or acceptance of any final files of any project will fulfill Adrift Graphics’ Satisfaction Guaranteed policy. Free shipping of the Client's files on a CD is available free of charge and only upon request. Shipping charges apply to international orders. Adrift Graphics will not be held responsible for lost mail. Duplicate copies can be mailed only if Client agrees to pay for additional, related shipping costs. 

LOGO DESIGN DELIVERY
Our standard delivery time for first drafts and revisions is two (2) to four (4) business days.

STATIONERY DESIGN DELIVERY
Our standard delivery time for first drafts and revisions is two (2) to four (4) business days.

GRAPHIC/BROCHURE DESIGN DELIVERY
Our standard delivery time for first drafts is five (5) to seven (7) business days. Our standard delivery time for brochure revisions is three (3) to five (5) business days.

WEB DESIGN DELIVERY
Our standard delivery time for your first draft and new concepts is five (5) to seven (7) business days. Our standard delivery time for web revisions is three (3) to five (5) business days.


SATISFACTION GUARANTEED PROVISION
The "satisfaction guarantee" means that all reasonable efforts will be made to create a design that meets your reasonable specifications within the confines of each package. This means that if you are still not satisfied after the number of concepts, redraws or revisions specified when you ordered, Adrift Graphics will attempt to create a design that will be acceptable to you. However, if a “reasonable person” defined under New York law would be satisfied based on the design specifications you set out on the order form and your answers to the detailed questions during your design consultation, we are not obligated to continue creating designs. If you failed to provide “reasonable” information that will assist our designers in coming up with a design suitable to you, then Adrift Graphics will not be held liable. 
If Adrift Graphics believes the "reasonable person" would have accepted the designs, your only recourse is to commence arbitration at your expense with an arbitrator sanctioned and approved by the American Arbitration Association or by the Better Business Bureau. Further, you agree that Adrift Graphics’ appearance at said arbitration can be via phone and that the arbitrator can only make a ruling requiring Adrift Graphics to create additional designs, or rule that the current designs would have been accepted by a reasonable person. If the arbitrator rules that a reasonable person would not have been satisfied by our designs, Adrift Graphics will comply with any additional designs ordered to be created by the arbitrator. 

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 Adrift Graphics or refer to Adrift Graphics 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.

ADRIFT GRAPHICS 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. ADRIFT GRAPHICS 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. 
Adrift Graphics makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Adrift Graphics’ liability is limited only to a refund of the paid amount. Adrift Graphics will do no research checking on the legal availability of the name we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Adrift Graphics and it's employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. 


Upon your acceptance of the product or service and Adrift Graphics’ receipt of payment in full thereof, Adrift Graphics will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Adrift Graphics for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Adrift Graphics and accepted by you shall at all times remain the property of Adrift Graphics and you shall have no right in or to such products or services. 


Adrift Graphics retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Adrift Graphics for display and self-promotional purposes, regardless of your acceptance and Adrift Graphics’ delivery of the same to you. Adrift Graphics specializes in designing custom graphics. We cannot grant requests to duplicate any designs that have been previously designed by Adrift Graphics or any other company unless you can provide notarized written notice from an executive member of the company. Adrift Graphics will make a design with a similar look and feel as the design you requested. Refunds will not be provided to companies who have ordered our services and did not receive an identical design to an already trademarked or designed logo. Adrift Graphics will work with your company to develop an original design you are satisfied with. 

TERMINATION
Adrift Graphics 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 Adrift Graphics, your Contract and/or your access to the Adrift Graphics web site, at any time and without prior notice. You agree that Adrift Graphics 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 Adrift Graphics web site. In the event that Adrift Graphics rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Adrift Graphics will return any amounts, minus a $99 processing and handling fee, 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 ADRIFT GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND. 
TO THE FULLEST EXTENT PERMITTED BY LAW, ADRIFT GRAPHICS 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. ADRIFT GRAPHICS 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. ADRIFT GRAPHICS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY ADRIFT GRAPHICS WILL MEET YOUR EXPECTATIONS.


LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADRIFT GRAPHICS 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 ADRIFT GRAPHICS TO YOU, EVEN IF ADRIFT GRAPHICS 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, ADRIFT GRAPHICS' LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR ADRIFT GRAPHICS' PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO ADRIFT GRAPHICS UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.


PRINTING LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADRIFT GRAPHICS 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 excluding 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 of and for Adrift Graphics. This includes any vendors that may be listed on AdriftGraphicDesign.com or AdriftGraphics.com

Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. Adrift Graphics highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. Adrift Graphics does not provide printing services and therefore will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.


INDEMNIFICATION
You agree to indemnify and hold Adrift Graphics, 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 Adrift Graphics 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 Adrift Graphics pursuant to your Contract. 

GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. 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 New York 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 Adrift Graphics regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Adrift Graphics 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 Adrift Graphics unless otherwise agreed to by Adrift Graphics in writing. The failure of Adrift Graphics 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.


COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of Adrift Graphics, 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 Adrift Graphics 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 Adrift Graphics is strictly prohibited.

Copyright © 2008 by AdriftGraphicDesign.com. All rights not expressly granted herein are reserved.

 

If you have any questions or concerns, please click here to contact us.