TERMS AND CONDITIONS

Last Updated: September 10, 2023

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AGREEMENT TO OUR LEGAL TERMS

 

The following Terms and Conditions of Service apply to all products and services provided by Teeter Enterprises, LLC (doing business as Teeter Creative Design)("we," "us," or "our").

All work is carried out by us on the understanding that the Client has agreed to Teeter Creative Design's Terms and Conditions.

Project Acceptance

At the time of proposal, we will provide the Client with a written estimate or quotation along with a copy of our Terms and Conditions of Service, set forth herein.

A copy of the written estimate or quotation is to be signed and dated by the Client, or agreed to in writing only, to indicate acceptance and sent to Teeter Creative Design. A copy of the Terms and Conditions of Service is to be signed and dated by the Client to indicate approval and returned to us. No work on a project will commence until both documents have been received by Teeter Creative Designs.
 

Payment

The Client will be provided with an Approval Form and/or Review of the work provided prior to final publication. Charges for design services to be provided by Teeter Creative Designs will be set out in an invoice to be sent to the client as agreed to. At this time the amount due will become payable and the Client will also be required to sign and submit an Approval Form to us. Accounts that remain outstanding for 30 days after the date of invoice will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash, check, or Money Order and/or previously agreed electronic funds transfer.

Publication and/or release of work done by us on behalf of the Client, may not take place before cleared funds have been received, or as otherwise agreed to by Teeter Creative Designs in writing only. Once payment has been made, there will be no reimbursement of funds unless agreed to by us in writing.

Charges for Other Service

Charges for any additional services over and above the estimated work to be carried out will become fully payable (100% of the quoted amount) at the time an invoice is received by the Client.

Copyrights and Trademarks

By supplying text, images, and other data to Teeter Creative Designs for inclusion in the Client’s business cards, flyers, pamphlets, website, or other mediums, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or the rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by us on behalf of the Client, will remain the property of Teeter Creative Design until all costs have been settled or as otherwise agreed to in writing only.

The Client may request in writing from us, the necessary permission to use materials (for which we hold the copyright) in forms other than for which it was originally supplied, and we may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to us, the Client grants Teeter Creative Designs permission to use this material freely in the pursuit of the design.

Should we or the Client supply an image, text, audio clip, or any other file for use in business cards, flyers, pamphlets, websites, multimedia presentations, print items, exhibitions, advertisements, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow us to remove and/or replace the file on the site.

The Client agrees to fully indemnify and hold Teeter Creative Designs free from harm in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The Client also agrees that we hold no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

All design work, where there is a risk that another party makes a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use. We will not be held responsible for any and all damages resulting from such claims. We are not responsible for any loss, consequential loss, or non-delivery of products or services, of whatever cause. The Client agrees not to hold us responsible for any such loss or damage. Any claim against us shall be limited to the relevant fee(s) paid by the Client.

Design Project Duration

Any indication given by us of a design project’s duration is to be considered by the Client to be an estimation. We cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed from the date that cleared funds are received by us for the initial payment or by the date confirmed in writing by Teeter Creative Design.

 

Retainer

If we agree to provide its services to the Client on a retainer, a Retainer Agreement will be issued to the Client. If the Client requires a project that we determine to be over and above the estimated work to be carried out as outlined in the Retainer Agreement, we reserve the right to incur a separate charge for the project being carried out without providing advanced notice to the Client.

Rights of Access for Website Construction

The Client agrees to allow us all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames, and passwords. The Client also agrees to allow us access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The Client agrees to supply us with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

We consider the design project complete upon receipt of the Client’s review and signed approval or emailed statement accepting approval. Other services such as printing, display panel production, film work, website uploading, publishing, etc., either contracted on the Client's behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

Project Abandonment

If after repeated attempts to begin, continue, or finalize the delivery of services, the Client fails to participate or becomes otherwise unresponsive to us requests for a period of two (2) months, the project may be considered abandoned, and we may reduce any refund the Client may otherwise be entitled to hereunder to zero, and the Client will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. We may issue Client credit for future services at its discretion.

Website Design Only

Once website design is complete, we will provide the Client with the opportunity to review the resulting work. we will make one set of changes at no extra cost within 14 days of the start of the review period. Any changes can be notified to us by e-mail (info@teetercreative.com) or confirmed by post.
We will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.

Privacy

Our Website is intended for the use of adults and individuals 18 years of age and older. Our Website is not directed to children under the age of 18.

Hosting Websites

We do not offer in-house hosting services. We can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. We may request that Clients change the type of hosting account used if that account is deemed by us to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the Client and we are not liable for their payment.

Domain Registration

We cannot guarantee the availability of any domain name. Where Teeter Creative Design is to register a domain name on behalf of a Client it will endeavor to do so but the Client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, we cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The Client agrees to allow us to place a small credit on printed material exhibition displays, advertisements, and/or a link to our own website on the Client’s website, when applicable, or as otherwise agreed to. This will usually be in the form of a small logo or line of text placed toward the bottom of the page.

The Client also agrees to allow us to place websites and other designs, along with a link to the Client’s site on our own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

We will not include in its designs, any text, images, or other data that it deems to be immoral, offensive, obscene, or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. We also reserve the right to refuse to include submitted material without giving a reason. Any images and/or data that we include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow us to remove the contravention without hindrance, or penalty. We are to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, we will need formal notification in writing. The Client will then be invoiced for all work completed. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by us within 14 days of such instruction being issued will be liable for the total quoted cost of the project.

Disclaimer

We make no warranties of any kind, express or implied, for any and all products and/or services that it supplies. We will not be held responsible for any and all damages resulting from products and/or services it supplies. We are not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure, including a loss in an election. The Client agrees not to hold us responsible for any such loss or damage. Any claim against us shall be limited to the relevant fee(s) paid by the Client.

We reserve the right to use the services of sub-contractors, agents, suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. We will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

Binding Arbitration

The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association.  It is further agreed that the cost of binding arbitration shall be shared equally by Teeter Creative Design and the Client.  It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute. The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. We reserve the right to change any rates and any of the Terms and Conditions at any time and will provide prior notice to the Client.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and any other services offered by us and validated by the Client’s signature on the estimate or quotation form 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 Teeter Creative Design.

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Contact Us

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If you have questions or comments about this notice, you may email us at info@teetercreative.com or contact us by post at:

 

Teeter Enterprises, LLC

15 Gilley Ln.

Conway, AR 72032

United States