Every offer of an SP RHODES product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if SP RHODES has not specifically rejected them.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Terms of Sale
Before you can place an order online, you must have a SP RHODES account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account. SP RHODES has the right to refuse any request made by you and to close your SP RHODES account immediately in the event of any breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and SP RHODES is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.
Copyrighted Materials for Limited Use
The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. SP RHODES reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other SP RHODES customers may use the design tools to create logos that have similar or identical combinations of these elements and SP RHODES does not guarantee that your logo will not have similarities to logos designed and used by other parties. SP RHODES provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
Use of Site
You are granted permission to access and use this Site and its Content and to create an account for the sole purpose of preparing, evaluating, and ordering products or services solely through SP RHODES (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from SP RHODES does not entitle you to use any portion of Content apart from the finished printed, engraved or embroidered Products as they are supplied to you by SP RHODES.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SP RHODES to produce the Products on your behalf. You grant SP RHODES the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit SP RHODES to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
When you create an account during registration, you are able to personalize products and save these designs for future use or ordering. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Transfer of Title
The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Disclaimer of Warranty
HE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.
Please preview your designs carefully and correct any mistakes prior to placing your order. SP RHODES does not proof documents created by its customers prior to processing.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SP RHODES OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SP RHODES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SP RHODES OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SP RHODES BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to SP RHODES in connection with the operation or content of this Site shall be provided by the submitter and received by SP RHODES on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of SP RHODES. By submitting any such information to SP RHODES, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that SP RHODES shall be free to use such information on an unrestricted basis.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
COPYRIGHTS & PERMISSIONS
SP RHODES Inc. respects the intellectual property rights of others. We ask our customers to do the same. While we cannot stop you from requesting custom products with copyrighted material, we ask that you have permission to use text and logos that you would like engraved. Upon accepting the Terms and Conditions of SP RHODES Inc., the customer assumes all responsibility for any copyrighted material used. SP RHODES Inc. assumes no responsibility for designs supplied by the client.
All custom order designs may, at some time, be photographed and posted online on the SP RHODES Inc. Facebook page or affiliate websites for promotion on social media, print, or otherwise. You agree to this when you place your order.
Once the final design has been approved, it cannot be changed. All spelling, punctuation, wording, colors, images etc. must be checked in all emails and order forms by the customer before approving. After this point, anything incorrect is the responsibility of the customer.
We produce custom products. This means that there may be slight variations in the color or texture.
The engraving process used for our metal products is intended to create a rustic appearance – variations in the depth and color of mechanically engraved products should be expected – this is a normal result.
If an order is placed online and there is no response to the proofs sent within 72 hours we will assume that the selections indicated in the order form are final and the order will be produced and shipped. Oversights in the order form (spelling, logo selection, address) will not qualify the customer for a refund.
SP RHODES Inc. shall not be liable for consequential damages of any nature with respect to any product or service rendered, delivered or sold.
The party you are contracting with and the seller of the products and services offered and sold on this Site is SP RHODES Canada Corporation, a company organized under the laws of Canada with its headquarters in Burlington, Ontario, Canada. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Canada. All other matters relating to your access to or use of this Site shall be governed by the laws of Canada. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario, Canada. You agree to submit to the jurisdiction of courts sitting in Ontario, Canada and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Saucy Piaffe that a court sitting in Ontario, Canada is an inconvenient forum for such legal action or proceeding.
Cost of logo design is depends on your chosen level of service. A 50% deposit is required upon acceptance of our terms. You, the client, will be sent a logo questionnaire that assists our team in identifying your design requirements. It is paramount that you complete the questionnaire in a thorough and complete manner. This questionnaire is designed to assist us in providing the best customer service experience possible. Questionnaires returned with inadequate information will not be accepted and we will request further information. Upon adequate completion of this questionnaire, we will initiate work. SP RHODES Inc. will provide three unique designs with two rounds of revisions to the selected design that is based on the logo questionnaire or independently supplied creative brief. Your logo package will include: High Resolution final .ai, .jpg, .eps, .pdf, .jpg in black and white and color files emailed at time of final payment. Balance is due upon acceptance of the design. As long as all changes are made within 2 rounds of revisions we will keep the initial design quote.
All logos are to remain the property of SP RHODES Inc. until PAID IN FULL. Upon payment, you will receive your logo in a .zip file.
All invoices are due upon receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in payment
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be $60 per hour and the designer shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered.
The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer the Designer the first opportunity to make any changes.
The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project. Items will be discussed prior to initiation of project.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of $25.00 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
The Designer retains ownership of all original preliminary artwork that is not the final design chosen by the client.
The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
10. Code of fair practice
The Designer warrants and represents that, to the best of his/her 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 obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
11. Limitation of liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
12. Dispute Resolution
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the Canadian Arbitration Association or the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence. This contract is held accountable to the legal system of either Ontario or the State of Florida and any applicable statutes held therein.
13. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
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