term of agrement

Photografico.COM, INC.

TERMS OF AGREEMENT

By entering into any contract or agreement with Photografico for products and/or services to be provided by Photografico, including without limitation ordering any products or services through the Photografico web site (hereinafter referred to as your “Contract” with Photografico), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).

For purposes of these Terms and Conditions, references to the products and/or services provided by Photografico shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, stationery, brochures, marketing materials and other design services, and any and all future product or service offerings of Photografico.

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Photografico or enter into your Contract with Photografico. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

Photografico reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Photografico shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

PAYMENT

Payment for any and all products and services to be provided by Photografico under your Contract is due in advance of the commencement of any work by Photografico. The remaining balance for all projects and services the package, to include stationery design, flash logos, web design, brochure design, graphic design, printing and any other service you agree to, will be collected upon completion of your first draft of logo designs. Your logo designs, Brochure designs, Banner designs or stationary designs will be delivered in a JPG format. Photografico, with the email that you provided us. If your email you provide is not valid or is filtered by your email system, Photografico will not be liable for any late service fees and will not refund clients for this reason.

Photografico shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Photografico will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.

REFUND POLICY (not applicable for e-Gold & other ecurrencies payment)

1 Should you contact photografico.com within 2 days you will receive a full refund of the purchase price.

2 You must allow up to 30 days for credit and refunds to be processed and applied to your account.

3 No refund when using e gold & other ecurrencie payment:

DELIVERY AND ACCEPTANCE

Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Photografico shall deliver your product and/or service to a temporary location designated by Photografico for your review. Photografico will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 10 business days from the date of delivery to said temporary location to notify Photografico in writing of your acceptance or rejection of the product and/or service. Your failure to notify Photografico in writing of your rejection of the product and/or service within said 10 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify Photografico in writing of your rejection within said 10 day period, including a detailed explanation for such rejection, following which Photografico shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Photografico shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written from 10 days from the last revision. The project may be re-opened only upon Photografico’s discretion.

SATISFACTION GUARANTEED

SATISFACTION GUARANTEE PROVISION

The “satisfaction guarantee” means that all reasonable efforts will be made to create a logo that meets your specifications within the confines of each package. This means that if you are still not satisfied after the number of redraws in the package you ordered and after all revisions have been made to your final (product) selection, Photografico will attempt create a design that will be acceptable to you. However, if a “reasonable person” would be satisfied based on the design specifications you set out on the order form, we are not obligated to continue creating (product) designs. If you failed to provide “reasonable” information that will assist our designers in coming up with a design, then Photografico will not be held liable.

PROPRIETARY RIGHTS

You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Photografico in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.

Photografico MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Photografico WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.

Upon your acceptance of the product or service and Photografico’s receipt of payment in full therefor, Photografico will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Photografico for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Photografico and accepted by you shall at all times remain the property of Photografico and you shall have no right in or to such products or services.

Photografico retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Photografico for display and self-promotional purposes, regardless of your acceptance and Photografico’s delivery of the same to you.

TERMINATION

Photografico reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Photografico, your Contract and/or your access to the Photografico web site, at any time and without prior notice. You agree that Photografico shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Photografico web site. In the event that Photografico rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Photografico will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.

DISCLAIMER OF WARRANTIES

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Photografico ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, Photografico HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Photografico MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Photografico DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Photografico WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Photografico OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Photografico TO YOU, EVEN IF Photografico HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Photografico’s LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Photografico’s PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Photografico UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.

INDEMNIFICATION

You agree to indemnify and hold Photografico, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Photografico in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Photografico pursuant to your Contract.

COPYRIGHT AND TRADEMARK NOTICES

All intellectual property of Photografico, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Photografico in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Photografico is strictly prohibited.

GENERAL

These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Photografico regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Photografico regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Photografico unless otherwise agreed to by Photografico in writing. The failure of Photografico to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any questions concerning these Terms and Conditions should be directed to:

Photografico.com, Inc.

Attention: A.S.R

Email: admin@Photografico.com

I hired in Photografico a few months back to make a logo for my boyfriends website as a birthday gift. My boyfriend was thrilled with the logo and uses it all the time now on t-shirts, cups and websites. The quality work is amazing and very well worth the price! I then decided I would have a logo made for my own sites, Photografico was very patient with me since I being a female had him change it about 20 times....lol The final product was very good and well worth the price and we will be using this logo for many years to come :)

C. MARRAH,

bonustreak.com

Photografico did some flash work for me and I was very pleased with the outcome. The service provided was very good; I was shown updated work often and given the opportunity to respond to it. Any changes I asked to be made were implemented quickly and without fuss. Overall my experience with Photografico was a good one, I would recommend them to all!

Ben.

gettingglobal.com

Photo Grafico Designs has been more than fair when doing business with me. Perfect and excellent images all the time allow me to continuously put trust in this company’s work time after time. As you can see from many of my sites Photo Grafico Designs has made them great and better. Photo Grafico Designs has added style thought detailed images with extreme quality ever time. The timeline for images with Photo Grafico Designs are always on time and I never find myself waiting for images to be done. Photo Grafico Designs is a very professional company and I would recommend his work and services to all my friends and or anyone that ever needed work.

Thanks for all your hard work Fico I appreciate everything you have done for my websites. They wouldn’t be as cool and nice looking without your Design work!

B. Brian

yoursourceforinfo.com