TERMS and CONDITIONS
A good business transaction is when both parties fully understand each other.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ARE IN TOUCH WITH LOTUS MEDIA FOR BUSINESS, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE TO BOUND BY TERMS & CONDITIONS AND APPLICABLE LAW, OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT PLACE ORDER FOR ANY PRODUCT OR SERVICE THAT LOTUS MEDIA IS OFFERING.
NOTE: AS MORE FULLY EXPLAINED BELOW, LOTUS MEDIA PRODUCTIONS, INC. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE.
GRAPHIC DESIGN
QUOTES: These are based on our knowledge and understanding of the clients requirements. If as a result of any scoping or specification, LOTUS MEDIA or its agents may undertake or by any other means we become aware that THE PROJECT to be delivered varies significantly from the prevailing understanding we will inform the CLIENT at the earliest reasonable opportunity. Any such variations may affect the scope delivery schedule and or cost of THE PROJECT. In the event that a proposal is made and accepted but the briefing did not specify fully the type or level of work required LOTUS MEDIA reserve the right to notify THE CLIENT accordingly and to charge for additional work done which was not indicated in the original briefing given.
PAYMENT: On design & print work, half of the payment must be made before design starts, and completed before job delivery is made. This payment is not refundable if customer does not like and cancel the job. On print works, all payment must be made before printing order has placed. Lotus Media does not start the job untill payment is clear. Client can make the payment with check, credit card, money order or cash. Client must complete all payment to avoid service interruption.
SUPLY: The Client shall promptly Lotus Media with materials necessary for Lotus Media to properly perform the service. The Client shall retain duplicate copies of all materials and insure against their accidental loss or damage. All materials shall be at the sole risk of the Client from the time of delivery to the Client. Lotus Media is not resposible the files or media after the job completed. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting. Lotus Media assumes all written content adheres to copyright laws. Images are also expected to be supplied before work begins, unless by prior negotiation or if using Lotus Media's photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Lotus Media assumes that all correct permissions have been sought and/or royalties paid for images used.
OWNERSHIP: Lotus Media makes no representations that design of any media for the client infringes upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The Client shall not hold Lotus Media liable for any damages, injuries or losses incurred by the Client as a result of any action instituted by a third party. The Client must obtain permission Lotus Media to use any material that is the copyright of a third party. Furthermore, the Client represents to Lotus Media and unconditionally guarantees:
- that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Lotus Media for inclusion in the design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements;
- that icons, company names, and other information, which the Client prescribes to be used for the design project, will not:
- violate any international, national or local law or regulations;
- in any way violate or infringe upon any party’s privacy right, right of publicity, or any other right of any person or entity;
- contain any material, which is unlawful, harmful, abusive, hateful, obscene, racist, threatening, libellous or defamatory.
Copyright to the finished design project is owned by Lotus Media. Upon final payment of this Contract, the client is assigned rights to use the design, graphics, and text contained in the project (which is defined in the Design Agreement).Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the Client and remain the property of their respective owners. Lotus Media does not deliver the layered artwork, design work or and original files used in work to customer. Customer can use artwork only in places indicated in contract. Further usage of artworks require additional charges.
Lotus Media may use any Artwork/design for it’s own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimization. Lotus Media’s ‘designed by’ link will remain for the life of the design except by negotiation.
PROOF: The Client must proof read check the text, art, colors and approve all final designs before print production or manufacture. The Client agrees that Client is fully liable for any errors or omissions in the work which remain after the Client has approved final design.
PROJECT DURATION AND CLIENT RESPONSE TIME: The client agrees to provide timely responses to Lotus Media after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Lotus Media will deem the project complete. At such time, Lotus Media shall have no further obligation to the client, and the client shall pay Lotus Media all fees and expenses associated with the work performed.
PRINTING
ORDER APPROVAL and ORDER PICK-UP
Customer is fully responsible for final proof and layout approval prior to the printing process.
Lotus Media is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Incorrect or Missing Folds, Finished Product Size INDEMNITY.
When you approved your document means "I agree to the following terms".
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.
Lotus Media will make several attempts to contact Customer when packages are ready for pickup. Customer has up to 15 days to pick up the package(s) from Lotus Media. If Customer does not pick up the package(s) within this time period, the package(s) will be discarded, and Lotus Media will not be held liable for the discarded item(s).
Please be advised that courier pick ups are not permitted, and customers must pick up their own orders.
CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Lotus Media does not control the Content posted by Client and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Lotus Media be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Your Content may be used in our advertising or as a reference sample.
NJ Clients: If you are a New Jersey Client, and we do not have a record of Resellers Permit in our files you won't be qualified for Sales Tax Exemption, please be notified that Sales Tax will apply to all of your orders.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Lotus Media is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Lotus Media is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
COLOR PROOFING, MATCHING & PRINTING
Lotus Media is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
Lotus Media will try it's best to match the gradient density of each color , Lotus Media is not liable for the final appearance of a color.
Important : Multiple (and different) customer jobs are combined on a large print sheet, and run at the same time. For example, we layout 65 different customer business cards and postcards on one sheet, and run the sheet 1000 times to get 65 sets of 1000 cards . Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color, offset job among 65 customers.
Application of UV Coating may effect or change the appearance of the printed colors. Lotus Media is not liable for the final color appearance of a UV product/s.
We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manner.
ENVELOPES AND LETTERHEADS PAPER EFFECT IN COLOR.
Please note that because our letterhead and envelope paper stock is "uncoated", we recommend you not use colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.
ORDER CANCELLATION
Lotus Media will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 ( 15%-30% of total transaction )
Once the order has been placed successfully, No Refunds are issued for the Logo, and Graphic design services.
All work and services rendered to Customer remains Lotus Media's property until Customer has paid for it and discharged all other debts owing to Lotus Media. If Customer misuses service(s) in any way, Lotus Media reserves the right to contact the parties responsible for the misuse, and demand the cost for the service(s).
RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify Lotus Media within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer's own expense.
ORDER SHIPPING & DELIVERY
Lotus Media will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Lotus Media be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Lotus Media customers agree not to hold Lotus Media liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Lotus Media's direct control. Lotus Media shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Lotus Media will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for Lotus Media to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready.
CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS
Customs, Duties and Taxes (For International Orders) Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. Lotus Media does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country's requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.
Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Lotus Media will reship the package with corrected address and charge an additional shipping fee for the shipment.
CREDIT CARD CHARGES
Order exceeding $200 or greater may require an authorization form and copy of credit card and Driving license. (A valid photo I.D)