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Westwynde TERMS OF SERVICE
Work Policies
All jobs are worked on in an "as-due" and "when-received" basis. No job
will be considered received until complete information has been
submitted. Late orders may be subject to late fees and orders received
after publication due dates may be subject to rush fees. Missing
information may be researched at the customer's expense and subject to
$10/hr research fees.
Payment Policies
All payment is due at the completion of the project. Visa,
Mastercard and Discover cards are accepted. Please note that Westwynde
Communications will appear on your credit card statement By approving
the proof you agree Westwynde may charge your credit card. You will be
mailed or emailed a tax receipt to the address you supply on your client
info form.
Proof Policies
Proofs will be sent to customers or their agents via email or
posting on a website. For ads proofs will be sent when the materials
have been received in complete form by the Westwynde due date (2 days
after the magazine booking date). If materials have not been received on
time, Westwynde reserves the right to skip the proof stage and submit
the ad to the publication.
Materials
Submitted
Customer supplied digital files will not be returned. It is the
Customer’s responsibility to maintain a copy of any files submitted.
Hard copies will be returned via Priority Mail with delivery tracking.
The client unconditionally guarantees that any element supplied for
inclusion in the design does not infringe on any copyright or trademarks
that are already established by another.
Default in Payment
The Client shall assume responsibility for all collection and legal
fees necessitated by default in payment. If the account remains in
default after 60 days, or if the customer’s payment is charged back to
us by way of credit card fraud, check fraud or other crime, we will
issue one final notice before turning the account over to a third-party
collections agency. Late fees will continue to accrue on your account
(at $25 USD per month). Refusing to pay your bill is theft, and if
collection efforts are unsuccessful, we will engage the client in
litigation to collect the debt. In such a case, we will retain the right
to repossess any and all materials created for the client. The client
will have no rights to use the materials in any way, shape or form, and
legal action will be taken to enforce this policy.
Cancellation
A $50.00 cancellation fee for projects started will be charged unless
proofs have been submitted, then the job is considered complete and full
payment is due.
Expenses
The Client shall reimburse Westwynde Communications for all expenses
arising from their project.
Design Credits
Westwynde Communications shall be given credit on designs.
Ownership of
Design
Westwynde Communications retains ownership of copyright on all
designs in any media, including digital files, whether preliminary or
final.
The customer also
agrees to allow Westwynde Communications to place websites and other
designs, along with a link to the client’s site on Westwynde
Communications’s own website for demonstration purposes and to use any
designs in its own publicity.
Westwynde
Communications can and will take strict legal action against the parties
involved in accessing, modifying, plagiarizing, republishing, or
redistributing copyright content without authorization.
Acceptance of
Quotation and Terms and Conditions
The placement of an order for design and/or any other services
offered by Westwynde Communications and validated by the customer’s
written response (including via email) of the estimate or quotation,
constitutes acceptance of the estimate or quotation and agreement to
comply fully with all the Terms and Conditions and forms a Contract for
Business between the signatory and Westwynde Communications.
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