Terms and Conditions
Last Update: Aug 17, 2018
Last Update: Aug 17, 2018
By using ‘Amberd Design Studio, also known as Amberd and/or Amberd Design’, hereafter referred to as the Company, you, the Client, agree to the terms set forth in these Terms and Conditions and will be bound by any applicable laws. This includes any Terms and Conditions included only by reference to this document. It shall be the duty of the Client to read the Terms and Conditions set forth herein and seek assistance with any questions or concerns. Should the Client not agree to the terms listed in this document, he or she might not be allowed to utilize the services of the Company.
The Company holds the right to modify the Terms and Conditions at any time. Should this document be modified, the Company may email all customers and clientele to notify everyone who may or may not be affected by the updated information. The Company does not guarantee an email notification for each update. It is the responsibility of the Client to read through the terms and conditions regularly.
In accordance with these Terms and Conditions, the Company and any and all services related to it under the name of ‘Amberd, Amberd Design Studio and/or Amberd Design’ shall be referred to as the “Service” or “Website”. This shall include any and all text, images, data, videos, photographs, or other content without limitation.
The Company and Client, in accordance with these Terms and Conditions, agree to follow the provisions herein with respect to the AmberdDesign.com and services rendered as found in a service agreement, which shall be an addendum to this document.
The Client will receive a quote for services based on the Company’s initial receiving of requested information from the Client. This information may be submitted via an online briefing form, quote request form or email. The Company will provide estimated pricing for the requested services after receiving and reviewing the information.
It shall be the responsibility of the Client to provide the Company with detailed information per their specifications and request.
It remains the right of the Company to deny review or feedback to any briefing form or a quote request, for any reason.
Upon completion of briefing and/or quote form, it shall be the responsibility of the Client to review the completed work and provide feedback. Should there be any inconsistency or error in the completed work, it shall be the responsibility of the Client to inform the Company in timely manner inconsistencies or errors shall be noted, and feedback shall be provided in a timely manner with proper documentation or requests. It shall be the responsibility of the Company to communicate further regarding the matter and requests. Should the Company receive no feedback within 30 (thirty) days of delivery, the project shall be considered complete.
The Client agrees to these Terms and Conditions including the knowledge that fifty percent of payment must be made in advance for services rendered.
If full payment is required beforehand, due to the scope of the project, the Client will be notified in the agreement.
If a deposit amount exceeds $3000, different terms may be implemented. The Client will be notified of any differences in payment expectations in the project agreement.
Acceptable payment methods are at the discretion of the Company. Payment due will be included with the invoice. An electronic receipt and invoice and will be issued to the payer.
Should a refund be desired, a Refund Request document must be completed. It is the responsibility of the Company to make such a document available. It is the responsibility of the Client to return the completed Refund Request Form to the Company within seven days or else said request may be denied.
Should the Client accept the refund as provided, he or she acknowledges that the Company is free from a further remedy. Upon issuance of a refund, the Client acknowledges that they have no legal right, either implied or expressed, to any concept, product, media or other interest in the same.
Refunds shall not be issued for the following cases:
It shall remain the responsibility of the Client, throughout the duration of rendering products or services, to communicate with the Company in a timely manner. A period of 30 days shall be considered the maximum period to respond to requests for review or feedback. Should the Client not respond within the stated time-frame, then it shall be within the rights of the Company to consider the project complete. At this time of completion, no further obligation between parties shall exist.
If the Client cancels, the 50 percent deposit is non-refundable.
These Terms and Conditions may be modified on a case-by-case basis when extenuating circumstances are experienced or adequate notice is provided, so as to maintain a project classification of “active”.
Operating hours shall be observed between the hours of 10:00 a.m. and 6:00 p.m., Pacific Time, Monday through Friday. In addition to Saturday and Sunday, the Federal holidays are observed. Should any other dates be observed as a non-working day, such dates will be posted in advance of at least seven days.
In order for a relationship to form between the parties, Client and Company, the following criteria must be met:
By following the guidelines set forth herein, the Client acknowledges that he or she meets the requirements set forth in this section and that any and all information provided is accurate, legal and complete. Should the Client request services as a representative of another entity, then authorization must be provided to initiate an order with the understanding that said entity will also be legally bound to the Terms and Conditions herein.
The website may be displayed on applicable devices, and on a basis that is found to be in accordance with the “fair use” copyright laws of the United States, Canada, the United Kingdom, India and other international entities. In accordance with these Terms and Conditions, the website may not be displayed, distributed, circulated, downloaded, published, rented, sold, or transmitted. This shall include ANY documents, products, services or graphics located therein.
The aforementioned copyright law guidelines apply herein, under the proprietary and international copyright law, which bind copyrighted materials on the website.
No portion of information, graphics, products, text or other materials may be distributed or altered without first obtaining express written permission from the Company.
The copyright laws as detailed in these Terms and Conditions are subject to the criminal sanctions of the governing bodies of both parties to the agreement.
In accordance with these Terms and Conditions, and bound by any applicable state and federal laws, the following limitations on use of the website or services may be set forth at any time:
Without limit to the aforementioned legal remedies, the Client shall agree to not distribute, post or transmit any copyrighted information through the services or website on the following grounds:
Any person, company or organization found to have violated the provisions set forth in this section shall be civilly or criminally liable for such actions. The Company may, at its own discretion, investigate any claims or occurrences involving violations of one or more of these provisions, and maintains the right to review or remove any content posted to the website and to limit or discontinue any party’s rights to communicate through such means.
It shall be the responsibility of the Company to make reasonable accommodation for information disclosed through the website, so long as it is in accordance with these Terms and Conditions and any applicable state or federal laws. Methods of handling violations may be at the discretion of the Company and applicable legal processes.
The Company shall maintain no responsibility for any occurrences which affect the use of the website, including delays, errors, omissions, or interruptions, and maintains the right, but is under no obligation, to correct any such occurrences. Though the goal of the Company is to have an accessible online website, they can make no guarantee that the related services will be available at all times without fail. The Client recognizes that extenuating circumstances can cause such occurrences to manifest.
The Company reserves the right to alter or discontinue the use of the website or related methods at any time with or without notice. Refunds shall be issued as required.
Shall not be held responsible for any actions or use relating to the website or services, and does hereby state that they shall make no warranties or covenants, either direct or implied, regarding such use.
Has the responsibility of providing any responses at his or her own discretion and risk.
Unless expressly defined within the guidelines of these Terms and Conditions, the Client acknowledges that the Company shall maintain ownership of any and all title and interest and additional rights to the website and services, including trademark or service mark, patent rights, copyright, intellectual property, or any other rights or responsibilities. This shall include current or future media, and shall be enforced by the United States, Canadian and international laws.
The Client shall by no means alter, remove or conceal any notice of copyright, disclaimers, restrictions or bylines from any portion of the website.
No involved party shall permit the use of the website or Company’s name, proprietary information, trademarks or any other information by any third party, without the express written permission by the Company.
The Client acknowledges that the Company shall be granted a perpetual, irrevocable, royalty-free, sub-licensable, exclusive and worldwide right (without limitation, and including moral rights, to use, modify, reproduce or publish any works (in part or in whole) the products or services rendered. This shall include any current or future works, media or technology associated with the Company, and shall be held to the guidelines of these Terms and Conditions and any intellectual property right guidelines as set forth in this agreement between both parties.
In accordance with these Terms and Conditions, the Client shall have the following rights:
Any data or information gathered from the Client shall not be disclosed, rented or sold to any third party or entity. The Company shall make every effort to protect the Client’s data and privacy.
The exception to this item of these Terms and Conditions includes any requirement by a law enforcement agency to reveal personal information.
It shall be acknowledged that the Company shall not be responsible for any accidental leaking of information, or illegal intrusion by a third party, nor shall it be liable for any information provided to its online systems or obtained through it by hackers or malicious entities.
The client acknowledges that the website may contain links, herein referred to as Linked Content, to third-party sites and/or services. He or she acknowledges that the Company shall not be liable for any content or information contained within the Linked Content. Linked Content is provided with the intent of being a convenience. Any Linked Content provided shall not be misconstrued as being endorsed by the Company or its agents. Connecting to Linked Content shall be at the sole risk to the Client.
The Client acknowledges and agrees to hold the Company and its agents harmless from any dispute or claim arising from a third party, or from the Client in violation of these Terms and Conditions. This shall include any expenses associated with such claims including legal fees.
Should any such termination result from the Client’s abuse or breach of these Terms and Conditions or any contract or agreement made with the Company, then he or she shall not be entitled to receive a refund unless, at the discretion of any applicable parties, such a decision is made.
The Terms and Conditions set forth herein shall be the agreement between applicable parties and shall supersede any written or oral, express or implied agreements or representations. The same shall be for any oral agreements made between the Client and The Company or its agents in reference to these Terms and Conditions.
Should any portion of these Terms and Conditions be found to be void or unenforceable by a court of law, then any such portion shall be considered void. However, any remaining portions of this document not found to be void shall remain intact as is stated herein. The language found within these Terms and Conditions shall be considered mutually chosen by applicable parties, without strict construction applied hereto. The meaning of each section herein shall not be affected or misconstrued by the headings found within this document.
Should there be any need for legal recourse between applicable parties, such disputes shall be handled within the jurisdiction of the Company ‘Amberd, Amberd Design Studio and/or Amberd Design’.
Unless otherwise noted, any artwork, images, materials, logos or other media shall remain the copyright of AmberdDesign.com, All rights reserved. Under these Terms and Conditions, it shall be noted that such copyright shall not supersede copyrights that may previously exist within the artwork, logos or other materials provided, which shall remain the property of their respective owners. Should any such materials be copied or reproduced, such instances shall be reported to the respective copyright or trademark holder.
For information about our company and/or these Terms and Conditions please contact us.