Terms & Conditions | Kustom VisionZ

Terms and Conditions

1. ACCEPTANCE of TERMS & AGREEMENTS.

In furtherance to the above, CLIENT hereby agrees to and does hereby engage the services of DESIGNER, and DESIGNER hereby accepts the engagement to design and to do the work hereinafter specified by the CLIENT in connection with the project. A copy of these terms and conditions must be signed at the time of submission of work to the DESIGNER, indicating agreement to and acceptance of these terms and conditions.

2. DESCRIPTION OF SERVICES.

DESIGNER will provide to CLIENT a description of all graphic design services of this contract agreement.

3. CHARGES.

The terms of service shall be valid for a period of sixty (60) days after presentation to the CLIENT and must be paid in full before the project starts. In the event this Agreement is not executed by the CLIENT within the time identified, the DESIGNER reserves the right to alter the proposal, together with any related terms and conditions and deliverables, which may be subject to amendment, change or substitution.

All Graphic Design Services require FULL ADVANCE PAYMENT before the design project and turnaround time begins. Note that there will be a non refundable deposit for custom apparel orders. The deposit will be charged based on the discretion of DESIGNER. All deposits are non-refundable. Once a Deposit and Design Fee is received from THE CLIENT for custom apparel orders, Kustom VisionZ then begin ordering supplies and to produce your desired apparel based only on the apparel type, colors, and style, while holding off on embroidery/screen printing/ direct-to-garment (DTG) printing until we receive final approval form THE CLIENT on the placement of any and all logos on the desired apparel.

Buy Now, Pay Later Options (Third-Party Payment Merchants)

CLIENTS have the ability to utilize one the available third-party payment merchants such as AfterPay, Affirm, or Klarna for all services, including custom apparel. Please note that for all group orders, the CLIENT is responsible for informing Kustom VisionZ, LLC of the member(s) who would like to utilize a third- party payment plan prior to submitting any payment. Once Kustom VisionZ, LLC issues out an invoice for a group order and the deposit and design/production fees are received, the CLIENT will not have the option to utilize a payment plan option for the remaining balance. Kustom VisionZ, LLC is not responsible for any additional fees or policy changes/updates of any third party payment merchant.

4. CUSTOMER REVIEW.

DESIGNER will provide the CLIENT with an opportunity to review the appearance and content of the Print and Web work upon completion. 2 revisions are given free of charge, after 2nd revision, fees will occur. Once CLIENT approves the design, any and all needed changes after will be an additional charge based on the discretion of DESIGNER.

The DESIGNER shall incur no liability for any omissions or errors in spelling, punctuation, dates, & information on the layout not corrected and communicated by the CLIENT in the proofs submitted for Customer Review.

Where any valid claim in respect of any of the work which is based on any defect in the quality or condition of the work or its failure to comply with the CLIENT’S instructions is notified to the Designer in accordance with these terms and conditions, the DESIGNER shall be entitled to replace the work (or the part in question) free of charge, or at the DESIGNER’S discretion. The DESIGNER is not liable for a CLIENT ordering an incorrect size of their desired apparel. Please see our SIZING GUIDE for reference before placing your order.

5. TURNAROUND TIME AND CONTENT CONTROL.

The DESIGNER shall use all reasonable endeavors to deliver flyers, logos, and all other virtual projects to the CLIENT within 14 business days and shall notify the Client of any anticipated delay at the first opportunity. Please note that all custom apparel production times range from 4-7 weeks (not including weekends and holidays) and shall notify the Client of any anticipated delay at the first opportunity. Please note that orders are NOT confirmed until full payment is submitted to Kustom VisionZ and design mockup is approved by the CLIENT. **The DESIGNER will not be liable for delays caused by matters outside of the DESIGNERS. Any times or dates quoted for the supply of the work are dependent upon the CLIENT giving reasonable instructions to the DESIGNER. The turnaround time for all Graphic Design Services, begins when FULL ADVANCE PAYMENT has been made, design form is completed and all content (i.e., images, pictures, bio, information, links, etc.) for the design project has been supplied by the CLIENT.

If content is not provided within 7 business days from the original email request, the DESIGNER reserves the right to terminate the Agreement/project.

RUSH FEE: We can normally accommodate time sensitive inquires depending on our production schedule, however, a rush fee of $75 will be added to your order's total. Our rush fee for group/bulk orders (custom apparel quantities of 5 or more) is $75 per piece of apparel. This is not to be mistaken with rush shipping/delivery of printed designs. Rush shipping/delivery costs will vary based on printing/embroidery services needed. Rush Fee is to help speed up the production time from 4-7 weeks to 4-6 weeks.

SHIPPING GROUP ORDERS: For all group orders, Kustom VisionZ will only ship to one address that is provided to us by the CLIENT to avoid any potential unforeseen delays or errors with the shipment. To clarify, under no circumstances will the DESIGNER (Kustom VisionZ) send orders separately for group orders.

6. DEFAULT.

In the event CLIENT fails to make any of the payments by the deadline DESIGNER has the option to treat as a material breach of Agreement and has the right, but is not obligated, to pursue any or all of the following remedies:

Terminate the Agreement,

B. Withhold all files, artwork, source, commitments or any other service to be performed by

DESIGNER for CLIENT,

C. Seek legal action.

7. TERM.

Upon completion of the project, the designer will deliver only one design in the format of PDF, jpg or png. If changes are needed, you are allowed to make two revisions free of charge after which there is an added fee of $15-$50 per revision. NO REFUNDS BY ANY MEANS are issued after labor has been placed into any project. To be eligible for a full refund the client must request a cancellation of their order within 24 hours after purchasing. Kustom VisionZ is NOT responsible if the client decides not to read our terms & conditions.

DESIGNER has all rights to cancel an open project due to no response after drafts are sent after a 72-hour grace period.

8. COPYRIGHT AND INTELLECTUAL PROPERTY.

The CLIENT retains the copyright to data, files and graphics provided by the CLIENT, and grants the DESIGNER the rights to publish and use such material. The CLIENT must obtain permission and rights to use any information or files that are copyrighted by a third party. The CLIENT is further responsible for granting the DESIGNER permission and rights for use of the same and agrees to indemnify and hold harmless the DESIGNER from any and all claims resulting from the CLIENT’S negligence or inability to obtain proper copyright permissions, including but not limited to framing or linking to third party websites and/or third party proprietary material. A contract for any Graphic Design Services shall be regarded as a guarantee by the CLIENT to the DESIGNER that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

The CLIENT acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the development of any graphic design and all rights in any core files created or developed by DESIGNER in connection with the development of any graphic design shall remain the sole property of DESIGNER and the DESIGNER hereby grants to the CLIENT a non-exclusive right to use all such rights in accordance with the graphic design specification upon successful completion of all compensation terms and outstanding balances owed to the DESIGNER.

DESIGNER retains the right to reproduce Graphic Design Work in any form for marketing, future publications, competitions or other promotional uses. CLIENT may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by DESIGNER during work on the Project but not included into the final version of the Project. Such artwork belongs solely to DESIGNER who may use it at his own discretion.

The CLIENT shall not at any time after the completion, expiry or termination of this Agreement in any way question or dispute the ownership by the DESIGNER thereof.

9. PRODUCTION.
Please note that Kustom VisionZ produces work both domestically and internationally. The DESIGNER produces overseas to keep the cost low for the CLIENT while continuing to provide great quality.

10. CONFIDENTIALITY.

Kustom VisionZ, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Kustom VisionZ, or divulge, disclose, or communicate in any manner, any information that is proprietary to the CLIENT. Kustom VisionZ and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.

Upon termination of this Contract, DESIGNER will return to CLIENT all records, notes, documentation and other items that were used, created, or controlled by DESIGNER during the term of this Contract.

11. STANDARD MEDIA DELIVERY.

The DESIGNER will deliver to the CLIENT, via electronic mail (or a downloadable hyperlink), within 10 days after CLIENT’S approval of final design(s). Digital files containing the final design(s) will be sent to the CLIENT in the following format(s): .pdf, .jpg, .png.

12. DESIGN CREDIT.

A link to the DESIGNER will appear in either small type or by a small graphic at the bottom of the CLIENT’S Web site. If a graphic is used, it will be designed to fit in with the overall layout of design.

13. FORCE MAJEURE.

If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

14. ENTIRE AGREEMENT.

This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

15. SEVERABILITY.

If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

16. AMENDMENT.

This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

17. GOVERNING LAW.

This Contract shall be construed in accordance with the laws of the United States.

18. NOTICE.

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

REFUND:

Kustom VisionZ, LLC does NOT offer refunds on custom projects and apparel. Please reach out to us via email only if you have an issue with your order. We will gladly find a solution where both the client and creator are satisfied. For custom apparel orders, the client(s) has up to 48 hours after delivery or pick up to notify Kustom VisionZ of a problem with their order by email. The CLIENT or recipient of the order is responsible for checking each piece of apparel for any possible issue(s) with the order within the given timeframe. If a client informs Kustom VisionZ of an issue with their order AFTER the 48 hour window, Kustom VisionZ reserves the right to accept or decline additional assistance.

19. WAIVER OF CONTRACTUAL RIGHT.

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.