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Copyright © 2009 Ware Graphics. All Rights Reserved. Designed & Maintained By:
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Ware Graphics ("Waregraphics.com") provides the Ware Graphics Web site contents subject to your compliance with the terms and conditions below.PLEASE READ THIS BEFORE ACCESSING ANY of the Ware Graphics Pages. By accessing or requesting any of the Ware Graphics Pages and services, YOU AGREE to be bound by the terms and conditions listed below. If you do not wish to be bound by these terms and conditions, you may not use any of the Ware Graphics services'.
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| DESIGN SERVICES
Ware Graphics agrees to provide the client all agreed graphic design and print services specified by client's order. The client shall be responsible for any and all fees in connection with such design services plus any reasonable and related additional services.Ware Graphics will keep the client informed of additional services that are required and obtain the client's prior approval for any services that cause the total fees to exceed those outlined in the original order. All Ware Graphics free artwork deals are subject to a Ware Graphics tag on the clients job. If a client is UN willing to have our tag line on the design, the client will be responsible for paying for the graphic design charges in full. Upon completion of the design, Ware Graphics will provide the client with a proof via web or e-mail which shall be used by the client. This layout is not intended as an exact color proof. A verbal, e-mail, or written agreement will be given to Ware Graphics by the agreed upon time and date to ensure the delivery date of the final product. The client is 100% responsible for payment of their job after verbal or e-mail agreement has been given(for jobs design in house) and(or)(if) job to be printed is uploaded and provided by the client to Ware Graphics is not liable for errors in the client's artwork or ad copy after print, as it is the client's sole responsibility to insure the content of the proof conforms to their original design.
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| ESTIMATES
Prices posted on this website are subject to change without notice. Written, or Emailed estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
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| SPECIFICATIONS
Quotations or Estimates are based on the accuracy of the specifications provided. Ware Graphics can re-quote a job at the time of submission if the artwork does not conform to the information on which the original estimate was based.Orders placed with Ware Graphics are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
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| ALTERATIONS / CORRECTIONS
Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current rates. Ware Graphics can not be held responsible for any mistake in alterations communicated verbally.
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| SHIPPING / DELIVERY
In the event the Client requires delivery / shipping, Ware Graphics will send the job using third party companies such as Federal Express, UPS or USPS. In the event that a third party shipper is responsible for lateness or of damage to the client's job, Ware Graphics will not be liable for any resulting damages. Charges for delivery of materials and supplies from the client or the clients’ supplier to Ware Graphics are not included in quotations unless specified.Free Shipping Terms on Special promotions are not exempt from these terms. If product is shipped using a free shipping promotion, Ware Graphics will not be responsible for late or damage to the clients job caused by the third party shipped. No customer will be allowed to use their own method of shipping due to liability reasons.
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| RIGHTS OF OWNERSHIP
All tangible materials in all circumstances remain the property of Ware Graphics All rights and ownership apply to preliminary concepts, works in progress, and finished material, whether the project is completed or canceled.The Client will be entitled to limited and specific usage rights of such materials only for the purpose of reproduction, after which all materials will be returned, unaltered, to Ware Graphics within thirty (30) days of use. Upon Client's payment of all fees and expenses, Ware Graphics will grant all reproduction and/or usage rights for all approved final materials created by Ware Graphics for this project. If the Client wishes to make any additional use of the materials, the Client agrees to seek permission from Ware Graphics and make such payments as are approved by the parties at that time. Where alterations or retakes are necessary, Ware Graphics will be given the opportunity to make such changes at an agreed additional charge.
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| SAMPLES
The Client is able to request Ware Graphics with samples of printed or manufactured design. Ware Graphics reserves the right to distribute free samples of the Client's printed material. Ware Graphics might use your product for samples or advertising purposes.
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| MERCHANT PAYMENTS
When making purchases or other transactions through Ware Graphics or the Internet, you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms.You agree that all information you provide any merchant or information or service provider through the Ware Graphics will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on Ware Graphics web site. Ware Graphics is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Ware Graphics uses Paypal Inc. as their merchant company to accept payments via Credit Card, or Check over the internet. Once payment is made to Ware Graphics there are no refunds on jobs, and all sales are final. If errors with payment, problems with transactions or payment disputes, Buyer should contact the merchant directly at www.paypal.com. Ware Graphics is not responsible for third part merchant errors, problems or anything that the merchant company is directly liable when incurring their services to submit payment to Ware Graphics All payments must clear before any job will be started.
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| PRINTING
All Jobs are "Mass printed". Ware Graphics will reproduce color as closely as possible, but cannot exactly match color because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within 80-85% of the original work submitted, due to graphic design formats and color variations, colors are matched as closely as possible.Due to the nature of the printing there are no guarantee on the cut of your order, there is no refunds and all sales are final. Please note if proofing over the web, the colors are not accurate due to the various preferences/settings of computer monitors. All images will be reproduced at the finished product size.
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| PRE-DESIGNED ARTWORK
Ware Graphics is not liable for the accuracy of any "pre-designed" artwork submitted by the Client. It is the Client's sole responsibility to proof read artwork and submit to Race Print Co. materials, which are fully approved and print ready.Any additional changes requested to any "pre-designed" artwork submitted will be considered a graphic design request which will be billed at our current Graphic Design Hourly Rates.
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| SCHEDULE
Ware Graphics strives to print all Clients' jobs according to our published schedule. Ware Graphics reserves the right to adjust the schedule and/or charge additionally in the event that the Client fails to meet the agreed upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the Client’s original order.In the unlikely event that Ware Graphics is late with the job, Ware Graphics liability shall be limited to a 10% discount towards the client's next job. In no event will Ware Graphics or its licensees assume liability for any damages beyond those set forth in this paragraph, or for any general, consequential, or special damages that are claimed to follow by reason of the lateness.
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| ERRORS
In the event that an error is discovered in the Client's job after printing, Client bares sole financial responsibility and must pay in full for the job. Client agrees that, in the event Ware Graphics is liable for an error in quality of print in the Client’s card, liability shall be limited to 10% Discount on clients next job.In no event will Ware Graphics or its licensees be liable for any damages beyond those set forth in this paragraph, or for any general, consequential or special damages that are claimed to follow by reason of the error. Ware Graphics is not liable for failure to print the Client's job because of flood, fire, riots, strikes, national holidays, and shortages of material, orders of government, failure of transportation, illness, terrorism, acts of god or other causes beyond the control of Ware Graphics in such an event, this agreement will be suspended during the period of inability to perform and the terms extended for a like period. Neither party shall be liable to the other because of this suspension.
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| MATERIALS
Ware Graphics is not liable for lost or damaged artwork, slides, photos, and electronic media.Ware Graphics is not responsible for products that may be exposed to elements such as sun, wind, water etc.
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| CHANGES
Ware Graphics may change, modify, add or remove portions of this policy at any time without any written, verbal or electronic notice, and any changes will become effective immediately upon being posted unless stated otherwise.
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| AGREEMENT
Ware Graphics failure to insist upon strict performance of any terms of this contract, or to exercise any power, right or option here under, does not waive Ware Graphics’ right to enforce that or any other term of this agreement in the future.This Agreement may be modified only in writing, by mutual consent of the parties. The agreement is subject to the acceptance of Ware Graphics. The Agreement will be deemed and accepted by Ware Graphics unless it notifies the Client of its rejection within three (3) business days from when it is returned to Ware Graphics.
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| TRADEMARKS
Ware Graphics and other names, logos and icons identifying Ware Graphics or any of their divisions. Products and services referenced herein are trademarks or registered trademarks of Ware Graphics All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
Ware Graphics recognizes that all registered names, logos and various terms used on some artwork are registered trademarks of their respective owners. These terms and images are used for identification and artistic purposes only. Ware Graphics is not affiliated in any way with the owners of these trademarks.
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| COPYRIGHTS
Client represents that it holds the copyrights (or licenses to the copyrights) to any ad copy or image it submits to Ware Graphics, that the person submitting this order form in the Client’s behalf is authorized to permit Ware Graphics to print and/or produce in the Clients behalf, and that all submissions are truthful and are not libelous, and comply with all copyright laws and all other applicable laws and regulations.Client agrees to indemnify and hold Ware Graphics and its licensees harmless from any and all claims, damages, liability and costs resulting from publication of any ad copy or image it submits, including attorney fees and other costs of defense Ware Graphics and its licensees may incur in connections with such claims. Client also agrees to pay all expenses Ware Graphics may incur, including attorney fees, to enforce this contract and obtain payment of money goods or services due.
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| PRIVACY
Ware Graphics cannot ensure or guarantee privacy for any of our web pages and for its users. It is therefore recommended that this service not be used for the transmission of confidential information.Any such use shall be at the sole risk of the user, and Ware Enterprises and its affiliate and related companies shall be relieved of all liability in connection therewith.
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