TERMS OF SERVICE
Please advise to review the following Terms thoroughly before conducting business with Signworks of Long Island, Inc. as you should with other contract deals.
Revised March 3rd, 2023
Time for Payment:
Signworks of Long Island asks that all orders require a start off fee of 50% of the total bill.
All final invoices shall be paid within 30 days of receipt. The grant of any license or right of copyright is conditioned on receipt of full payment.
A payment plan may be arranged, but shall not exceed over a quarter of a year or a schedule of 4 payments in the time period of a quarter year (which ever comes first). This option falls for those that are due to financial hardship and must prove their status in order to qualify.
Default in Payment:
The Buyer shall assume responsibility for all collection of legal fees necessitated by default in payment.
Buyer shall make additional payments for changes requested in original assignment. However, no additional payment shall be required to conform the original assignment description. The Buyer shall offer Signworks of Long Island first opportunity to make any changes.
Buyer shall reimburse Signworks of Long Island for all expenses arising form this assignment, including the payment of any sales taxes due on this assignment. Buyer's approval shall be obtained for any increases in fees or expenses that exceed the original estimate.
Sales Taxes & Duties:
We shall automatically charge and withhold the applicable sales tax in certain areas. Customers that fall outside of our area, that are not charged sales tax or duties shall be solely responsible for the taxes and duties applicable in their jurisdiction.
In the event of a cancellation on an assignment, ownership of all copyrights and the original artwork shall be retained by Signworks of Long Island, and a cancellation fee for work completed, based on a contract price and expenses already already incurred, shall be paid by the Buyer (in normal circumstances, the cancellation fee would be the starter fee unless more than 50% has been completed).
Chargebacks - Signworks of Long Island will assess a $25 processing fee in the event of a cancellation charge back. The Buyer will also be liable for all collection and legal expenses incurred in the collection of funds owed to Signworks of Long Island for services rendered or breach of contract. Buyer concedes that Signworks of Long Island will pursue and enforce these terms to the fullest extent of the law.
Ownership of Artwork:
Signworks of Long Island retains ownership or original artwork, whether preliminary or final, and the Buyer shall return such artwork within 30 days of use.
Buyer shall give Signworks of Long Island and any other creators a credit line with any editorial usage. If similar credit lines are to be giving with other types of usage, it must be indicated to Signworks of Long Island.
Buyer shall indemnify Signworks of Long Island against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing of for uses which exceed authority granted by a release.
Modification of the Agreement must be written, except that the invoice may include, and Buyer shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
Warranty of Originality:
Signworks of Long Island warrants and represents that, to the best of knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtains through the undersigned from third parties is original or, if previously published, that the consent to use has been obtained on an unlimited basis; that Signworks of Long Island has full authority to make this agreement; and that the worked prepared by Signworks of Long Island does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Buyer or others may make of others. Buyer expressly agrees that it will hold Signworks of Long Island harmless for all liability caused by the Buyer's use of Signworks of Long Island's product to the extent such as infringes on the rights of others.
Signworks of Long Island expects the Buyer to perform research on their company name and to be sure that the name is not already in use and/or securing a trademark etc. to protect the clients legal rights to any name or image. Signworks of Long Island is not responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Limitation of Liability:
Buyer agrees that it shall not hold Signworks of Long Island liable for any incidental or consequential damages that arise from Signworks of Long Island's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Signworks of Long Island or third party.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration by a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Buyer shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award of judgment in favor of Signworks of Long Island.
Signworks of Long Island recognizes, respects, and protects the privacy of our customers. Your privacy and personal information are held in trust when you shop with us. Our customer's order information stays with us and our third party licensors - no one else will see it. We do not sell, rent, trade or share ANY information regarding or provided by our customers to any other party for any reason. We require and only use information our customers knowingly and willingly provide to process their order or fulfill their service request. Any information received by us is held with the utmost care and security. All information is stored and is not accessible to other third parties. If you do not wish your information to be processed online you do have the option of placing an order over the phone. This Site uses a secure server (SSL) to encrypt all of your personal information. Signworks of Long Island uses customer information for the sole purpose of processing your order or contacting you if necessary.
Acceptance of Terms:
In doing business with Signworks of Long Island, the Buyer and Signworks of Long Island shall evidence acceptance of these terms.
All Rights Reserved. Any rights not expressly granted herein are reserved.