Please read these terms of service CAREFULLY before entering into a project with BGard Graphics, LLC. By starting a project with BGard Graphics, LLC or using this website, you are consenting to be bound by the terms of these These Terms of Service. If you do not agree to these Terms of Service, please do not use this website.
The terms “we”, “us”, and “our” refer to BGard Graphics, LLC (“The Company”). The term the “Site” refers to bgardgraphics.com. The term “client,” “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
On the Site we provide visual branding tips, information and techniques for business owners delivered via email, the blog, live and prerecorded events, or webinars educating business owners and entrepreneurs about branding guidelines, statistics and changes within the creative and marketing community affecting their businesses (the “service”).
Use of Site including all materials presented herein and all online services provided by us, whether made available for purchase or not, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Terms and conditions are general and apply to all intellectual property of BGard Graphics and its affiliates unless otherwise agreed upon with expressed written consent of both client and BGard Graphics, LLC.
Use of the Site and Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and/or Service related to visual branding of businesses and other information are subject to change. BGard Graphics, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. BGard Graphics, LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site and/or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Payments, Cancellations, Refunds & Returns
Given the digital nature of our products, we do not offer refunds for digital products or services once they are purchased.
BGard Graphics accepts VISA, MasterCard, American Express and Discover payments via PayPal invoice only. Other forms of payment accepted are money order or check. Please note that the preferred method of payment is PayPal, however, in the event that the client needs to pay with a check or money order, please be advised that project commencement will not take place until check has been cleared and/or money order has been received. Balance must be received before final product is released to client or sent to printer.
We endeavor to describe and display the Site and/or Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Our Intellectual Property
The Site and/or Service contain intellectual property owned by BGard Graphics, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the BGard Graphics name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violation of this intellectual property policy.
Updated and/or Changed Terms and Conditions
Sustaining good communication with our clients is crucially important to the creative process and ensuring that design projects are completely by their deadlines. Both parties are expected to communicate effectively in a clear and timely manner to help us to understand the client’s specific needs. For the fastest response, the best way to contact BGard Graphics is via email email@example.com.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, BGard Graphics, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BGard Graphics, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BGard Graphics, LLC’s CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU BGard Graphics, LLC’s CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Site and/or Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Copyrights and Trademarks
The client understands that it is the client’s responsibility to trademark the logo design. For more information on copyright and trademarks visit the following link: www.copyright.gov and/or seek trademark www.uspto.gov/main/trademark
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The client represents to BGard Graphics and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BGard Graphics for inclusion in design projects are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend BGard Graphics, LLC from any claim or suit arising from the use of such elements furnished by the client.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
BGard Graphics, LLC subcontracts all print work and will not be held responsible for printer delays in printing. Printing costs will be estimated separately unless originally discussed and included in project design fees. It is the responsibility of the client to allow enough time for all printed marketing collateral to be designed and printed.
We will make every effort to ensure the final job is free of any misspellings, punctuation or formatting issues. Prior to printing, all clients will have the opportunity to review/proofread each job to ensure accuracy. It is ultimately the responsibility of the client to ensure the final design is free of any spelling, punctuation or grammatical errors. Once the job receives approval and has been submitted for print, NO CHANGES MAY BE MADE. We are not responsible for any misspellings, punctuation or formatting after the client has given their final approval.
Images, Textual Content and Materials
All materials (text, images, logos, information, media, etc.) are needed BEFORE your project can begin. No projects will begin until all materials have been successfully submitted to BGard Graphics.
Electronic files may be submitted in the following format:
Email | Word Doc | TXT | JPG | PNG | TIF | GIF | PDF
Please note: Certain files are needed for specific types of projects. We will notify you of the type of files that are needed for your specific project. To ensure images are reflected in the sharpest manner, high resolution files (minimum of 300 dpi) are required. Images that are not sent in high resolution will result in poor print quality. BGard Graphics, LLC will not be held responsible, and reserves the right to decline projects due to poor quality images.
All text or textual content provided must be typed (DOC | TXT | Email)
If the client wishes to use specific images and has not provided BGard Graphics, LLC with the high resolution file, additional stock photography fee will be required.
Source/Native design are available for release and will incur an additional fee. Source file fees vary and will be determined from project to project. Keep in mind that client owns the final overall design and may not utilize or claim any individual elements within the overall design without the written permission of BGard Graphics, LLC.
Estimates and/or Quotes
Estimates or quotes are only valid for 14 days from send date, as noted on quote document unless otherwise noted on the quote or agreement between you (the “client”) and BGard Graphics, LLC. After 14 days client will need to request a new quote.
Turnaround Times & Rush Fees
Typically, most projects are estimated to take 7 to 10 business days. If the client is requesting for a turn around time that is less that 7-10 business days, then a rush fee will be applied for projects that require rapid completion. If the client is requesting a turn around time that is not possible by BGard Graphics, the project will be rejected. The rush job fee is determined on a project to project bases and will be agreed upon prior to project execution. Bigger projects such as logo and branding project will require more time and estimated turnaround time is provided to the client based on the client’s specific project needs.