Terms of ServiceBy using the grindcolordesign.com website ("Service") and/or all services of Grind Color Design, ("Grind Color Design"), you ("CLIENT") are agreeing to be bound by the following terms and conditions ("Terms of Service"). Rights Reserved / Change in Terms Grind Color Design reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://gcd-web.com/tos.html Violation of any of the terms below will result in the termination of your Account. While Grind Color Design prohibits such conduct and Content on the Service, you understand and agree that Grind Color Design cannot be responsible for the Content posted on your website and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Delivery of Content This agreement assumes that CLIENT will provide all text in electronic format (.doc, .txt, .rtf, .pdf) on computer disc, email or made available by ftp. All photographs and other graphics are to be provided in high quality print suitable for scanning or on a computer disc, or via email or ftp in a standard graphic format (TIFF, JPEG, GIF, PSD, EPS, PDF, or PNG). All computer discs will be returned to the CLIENT upon job completion. Text on typed pages is acceptable but CLIENT will be charged a transfer fee of $10.00 per page of text.
Access & Rights Grind Color Design must be granted access to the server directory where the design is to be placed. By signing this agreement, it is also granting Grind Color Design full "on demand" access to the installed files. CLIENT further agrees that Grind Color Design shall have the right to remove "our" design from public view for failure to adhere to the terms of this agreement. These could include violating licensing agreement or failure to pay fees duly assessed.
Exemption Grind Color Design cannot and will not be held responsible for modifications, alterations, or deletions made by any third party. CLIENT acknowledges and agrees that Grind Color Design has no control over and will not be liable for the unlawful acts of others who access CLIENT'S installed and publicly posted materials.
Designer “Branding” CLIENT agrees that a link will appear at the bottom of each page in the CLIENT'S site. Link will be in the form of a very small graphic and/or text link. The CLIENT agrees to keep this on the site.
Right of Refusal Grind Color Design reserves the right to refuse service for any content deemed inappropriate, illegal or immoral. Grind Color Design may cancel this agreement for failure of CLIENT to abide by these terms.
Posting to Server Upon payment of balance, Grind Color Design will post (install) pages to CLIENT'S server (site location). This may take several days depending on the setup times and server side changes that need to be made.
Service Interruptions CLIENT acknowledges and agrees that Grind Color Design cannot guarantee constant service because of the variables involved. Circumstances beyond our control include but are not limited to service interruptions caused by Acts of God, telecommunications system failures and server problems.
Maintenance Plans Grind Color Design will provide maintenance plans for CLIENT at a predetermined fee if said CLIENT request said plan. If CLIENT requests any changes above and beyond the original contract, said CLIENT will pay Grind Color Design at the normal per hour web design rate.
Subject to Change Terms and conditions Agreement is subject to change without prior written notice by Grind Color Design (includes prices for services).
Fees Fees due are payable by check, paypal or money order. The initial payment of 50% being due upon signing this agreement. The balance will become due upon completion of the contracted work in accordance with the CLIENT'S original written specifications. Final payment must be received before the site will be "live". Returned checks will be subject to a $35.00 charge. All overdue accounts will be charged $25.00 for every 15 days past the due date.
Make Checks payable to: Joshua Connor 400 Maple Ct APT 104 Fredericksburg VA 22401-8801 Or request a paypal invoice Disclaimer of Liability for Third-Party Content and Links You agree that Grind Color Design is not responsible and will not be held liable for any third party content on the Service or any third-party content, products or services available on other websites accessed through links from the Service. Grind Color Design reserves the right to reject or edit copy or other information when necessary in its judgment. Grind Color Design reserves the right, at its sole discretion, to remove any press release from its website www.grindcolordesign.com, pull any news release from distribution or deny approval to any news release. All other uses of Grind Color Design content, including but not limited to any electronic redistribution or database storage and retrieval - whether or not for resale in full, in part, in full text or in abstract, is prohibited without the express written consent of Grind Color Design. Inquiries concerning the use of Grind Color Design text, photos, video, audio and other content should be submitted via our web form here. Links to third-party sites are for your convenience only, and their inclusion on the Service does not imply any endorsement, guarantee, warranty or representation by Grind Color Design.
Disclaimer of Warranties You agree that use of the Service is entirely at your own risk. Except as specifically provided in this agreement, the Service and the Content on the site are provided as is, without warranties or conditions of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Grind Color Design does not make any representations or warranties that the Service or content on the Service or products and services purchased at or through the Service will meet your requirements or expectations, or that the operation of the Service will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
Limitation of Liability You agree that Grind Color Design will not be held liable for any improper or incorrect use of the Service or the content on the Service and assumes no responsibility for any user's activities on the Service or for the inaccuracy of any content on the Service. In no event will Grind Color Design be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Service or the content on the service or the inaccuracy of any content on the Service, however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Service or materials on the Service. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.
Proprietary Rights The Service and all content on the website, including, without limitation, the Service and all other trademarks and logos on the site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Correspondence and Contact: By signing, you agree that you have read, understood and agreed with all portions of the Terms Of Service Agreement listed above. This is to indicate that you have in fact read the Terms Of Service and is a confirmation that a service is being sought after by you (The Client):
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Please Download Sign and Return this document to: ATTN: Joshua Connor GrindColorDesign 400 Maple Ct. APT 104 Fredericksburg VA 22401-8801
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