Acceptance of Agreement
By registering as a client and using Allegheny Creative, LLC’s services (logging into client area, communicating via email, fax or phone) the client agrees to all of the following Terms and Conditions of Use. Additionally, the client agrees to any changes made to these Terms and Conditions of Use; however, the client may or may not be directly notified by Allegheny Creative, LLC of these changes. Ultimately, it is the client’s responsibility to periodically check these Terms and Conditions of Use for updates. The Terms and Conditions of Use can be accessed at the bottom of the web site.
Payment must be made in full upon delivery unless credit has been established with and agreed upon by Allegheny Creative, LLC. Certain job specific terms may require other payment arrangements that will supersede these terms (such as payment up front or job deposits). Clients with accounts must pay all invoices within thirty (30) days of receipt unless otherwise stated. Claims for defects, damages, or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
Ownership of Artwork
Until full payment has been made, Allegheny Creative, LLC retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. Allegheny Creative, LLC retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
Production Schedule/Delivery of Project
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date, by the time equivalent to the period of such delay.
Production schedules will be established and adhered to by the client and Allegheny Creative, LLC provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of the client or Allegheny Creative, LLC Where production schedules are not adhered to by the client, final delivery date(s) will be subject to renegotiation.
Third Party Shipping
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
Proofing of Final Project
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by Allegheny Creative, LLC and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
All correspondence and documents provided will be treated as confidential between the client and the Allegheny Creative, LLC and its affiliates, unless those parties involved have consented.
Disclaimer of Warranties
Allegheny Creative, LLC hereby disclaims any and all implied warranties of merchantability and/or warranties of fitness for particular purpose. In no event shall Allegheny Creative, LLC be liable for any person and/or entities consequential and/or incidental damages.
The client further agrees to indemnify and hold harmless Allegheny Creative, LLC and/or its affiliates for claims of any nature whatsoever pertaining to the services and goods provided. This includes, but is not limited to the loss of customer furnished proofs and materials, missing projected deadlines set for the completion of work, and loss of any information stored in Allegheny Creative, LLC’s computers. Additionally, this Indemnity Agreement includes claims relating to any software or other copyrightable materials furnished by the client, and from any and all copyright claims and/or misappropriations of trade secrets and/or any claim of theft of proprietary information.
Right to Deny Service
Allegheny Creative, LLC reserves the right to deny service for a particular project, or even to a particular party at its own discretion if the work is either morally and/or socially damaging to the “image” of Allegheny Creative, LLC or if it is thought to have potential legal ramifications that could harm the company in any manner. These reasons may include, but are not limited to: offensive material, material thought to be criminal in nature, material thought to be an infringement on copyright/intellectual property of others, etc. Additionally, Allegheny Creative, LLC may turn down work and/or new clients under abnormal work loads, time constraints, or the inability to perform requested services due to any reason.
If you have any questions regarding our Terms and Conditions of Use, please contact us.