At the time of proposal, . in certain projects of high value may provide the customer with a written estimate or quotation of services to be provided. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to DTG Shack . Alternatively, the client may send an official order in a form of a e-mail in reply to the estimate or quotation which binds the client to accept DTG Shack terms and conditions. No work on a project will commence until either document and/or payment has been received by the customer.
Charges for any design services to be provided by DTG Shack will be noted to the customer in A written notice if any shall occur. This will need to be accepted before DTG Shack can proceed with the design process. This quote can be sent out via email to the client after the meeting or noted in prospective invoice.
DTG Shack . will provide you with a full figure amount for the design you require. This design figure will only be a quote based on the information you have provided DTG Shack at the time the project acceptance has been settled. This would exclude any additional design element fees required by the requested design modifications after the quotation has been given.
The client agrees to pay the full amount or a 50% deposit or $100.00, whichever is greater, which is non-refundable of the quoted amount to commence any project, with the balance payable prior to delivery on the date agreed on between both parties. On acceptance of DTG Shack . starting your project the client will need to pay the full amount owing before the time the project is submitted and handed over.
Payments are to be made by business checks, cash, credit card or online payment with a credit card. Online payments may be electronically processed through invoice sent out by DTG Shack . Personal Checks will not be accepted. Payment is due before the final product or artwork is to be handed over to the client. The 50% deposit will be made before work commences and is non-refundable. Projects or products under $100 must pay the full amount prior to work commencing. This is also non-refundable for any cancellations once work has commenced on the desired project due to other amount of rationalization done on the project.
Any payments that are outstanding after 14 days of initial product or design being finalized with sign off and approval will incur an extra 10% charge each week on top of the final balance which is outstanding. The date will be settled by your designer and a reminder will be sent through via email and or phone call.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that Kreaction holds no responsibility for any amendments made by any third party, before or after a design is published.
Any cancellations requested once work has commenced can not be processed. Deposit amount is only refundable when no labor or any other type of work is commenced. The 50% deposit after any work commences will not be refunded. The stated outlines of your project document are an agreement that any cancellations will not be refunded for any purpose or reason. DTG Shack will not be responsible for the cancellation of any project. DTG Shack . may settle a cancellation agreement with partial refund depending on project amount, work done, design time consumed and deposit amount at company’s discretion.
It is the responsibility of the client to proof-read and check all work submitted by DTG Shack to ensure that there are no grammatical, spelling or errors contained in the final product. It is agreed that DTG Shack . is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
Kreaction will not be held responsible for delays caused by factors outside our control such as:
1. The time it takes the customer to supply of all appropriate material necessary for the completion of the job.
2. The time it takes for the customer to approve any stage of the work.
3. Delays of holidays and or non-business day.
Copyright is retained by DTG Shack on all design work including words, pictures if taken by DTG Shack Photography Services, ideas, visuals and illustrations unless specifically released in writing and after all copyright costs have been settled. If a choice of design is presented, only one solution is deemed to be given by DTG Shack as fulfilling the contract. All other designs remain the property of DTG Shack Information Posted on the Site
You may not use any device, software or routine intended to damage or interfere with the proper working of the Site or to intercept or expropriate any system, data or personal information from the Site.
Third Party Links and Content
The Site may contain information or other functionality provided by various third party providers. The Site may also contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked Site or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers.
The Site and all intellectual property rights included in or related to the Site (including but not limited to any information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content.
We have the right to terminate your use of and/or access to the Site at our discretion.
Products and Pricing
All features, specifications and prices of products described on the Site are subject to change at any time without prior notice. We try to accurately display our products, including the applicable colors; however, we cannot guarantee that your computer or device will accurately display such colors. Further, we attempt to provide up to date information regarding the availability of our products and the applicable pricing. Despite these efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. For example, certain products may be unavailable, may have different attributes than those listed, or have a different price than stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
EXCEPT AS EXPRESSLY SET FORTH IN OUR RETURN POLICY, WE PROVIDE THE SITE, THE PRODUCTS, AND ANY INFORMATION AND CONTENT CONTAINED IN OR PROVIDED VIA THE SITE, "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS OR INFORMATION VIA THE SITE, COMPLETENESS OR ACCURACY OF INFORMATION, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
We shall have no liability, whatsoever, for the unavailability of the Site. We shall also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site, or for inaccurate information provided by a third party or failure to update information provided via the Site. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE SITE, THE PRODUCTS, THE CONTENT OR INFORMATION PROVIDED VIA THE SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL DTG SHACK' TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO DTG SHACK BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO THE LIABILITY, OR $50. The limitations of liability provided in these Terms inure to the benefit of DTG Shack, and its affiliates and their respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms, in which case they are not applicable to you.
Governing Law and Jurisdiction
State-specific Legal Notices
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: dtgshack.com , is the provider of the electronic commercial service on this Site. Users will be notified in advance if there will be a charge for any product. Please see our Return Policy for information regarding returns. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
DMCA--Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by e-mail to firstname.lastname@example.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.