Last Revised: 04-18-2020
Terms & Conditions
The subsequent Terms and Conditions of Service apply to all products & services provided by The Business Toolkit and in the event of any dispute are governed by the laws and regulations of the United States of America.
The confirmation of design upon design categorization and stated services provided are deemed to be given by us as fulfilling the contract.
Job Acceptance & Processing
Firstly, prices accompanied with services that will be fulfilled will be available on the secured SSL encrypted website (www.thebusinesstk.com). Upon purchase of products or/and services, The Business Toolkit will provide the customer with a digital invoice via email through our gateway company via email. These Terms and Conditions can be read at any time on The Business Toolkit’s website.
Paying for the service/s and/or product/s will be understood as the acknowledgement and understanding of all terms and conditions.
This binds the client to accept our terms and conditions.
The Business Toolkit Terms & Conditions are what govern the job, not any presumed conditions on the customer’s purchase order.
Charges/Costs/Monetary exchange for design services to be provided by The Business Toolkit will be set out in an invoice that is provided to the customer via email. At the time of the customer’s acceptance of this invoice through the payment authorization, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the invoiced fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of one hundred percent (100%) of the product/s and/or service/s invoiced total before the work commences or is supplied to the Client for review and/or confirmation.
We will supply the files in formats that you would require to utilize your design such as printing and advertising.
The formats are as follows: .PNG, .JPG, .PDF, .EPS, .AI/.PSD
Charges for Other Services
Charges for any additional services requested (including revisions that have exceeded upon agreement) during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the invoiced amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to The Business Toolkit.
Any invoice queries must be submitted by email within 14 days of the invoice date. Clients are subject to contact us to discuss queries if not answered via email within 2 days of submitted email.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of America Base Rate plus 12.5% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card and/through PayPal gateway.
Publication and/or release of work done by The Business Toolkit on behalf of the client, will not take place before cleared funds have been received.
The Business Toolkit reserves the right to consider an account to be in default in the event of an unpaid balance within (30) days or incomplete/declined payments.
An account shall be subjected to default if it remains unpaid for thirty (30) days from the date of invoice. The Business Toolkits shall be entitled to remove The Business Toolkit ‘s and/or the customer’s material from any and all computer systems/databases/cloud/servers, until the amount due has been fully paid. This includes any and all unpaid monies due for services. Removal or discontinuation of services of such materials does not relieve the customer of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all The Business Toolkit’s legal and accounting expenses and third-party collection agency fees in/ the enforcement of the rational debt and these Terms and Conditions.
Copyrights and Trademarks
Any artwork, images, or text supplied and/or designed by The Business Toolkit on behalf of the customer, the customer obtains Full Ownership Rights of the property.
By providing text, images and other data to The Business Toolkit for insertion in the customer’s designs, the customer declares and acknowledges that it holds the responsibility/appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any software, code, plugin or other third-party material used in a digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not The Business Toolkit.
By providing images, text, or any other data to The Business Toolkit, the client grants The Business Toolkit permission to use this material freely in the pursuit of the design.
Should The Business Toolkit, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow The Business Toolkit to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold The Business Toolkit free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Revisions and Altercations
Each advertised and invoiced package indicates a maximum of revisions. If these revisions have been exhausted and the customer requires additional revisions and altercations, the client accepts the underlying additional fees.
The client also agrees that The Business Toolkit holds no responsibility for any amendments made by any third party, before or after a design is processed, designed and published.
Any design, copywriting, drawing, idea or code created for the customer by The Business Toolkit, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Business Toolkit and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
The Business Toolkit will not be held responsible for any and all damages resulting from such claims.
The Business Toolkit is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold The Business Toolkit responsible for any such loss or damage.
Any claim against The Business Toolkit shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
The standard timeframe for a first draft of the invoiced and purchased design is set between 48 and 120 hours. First drafts are subject to be sent before the 48-hour threshold but not guaranteed (based on project que and efficiency). Any indication given by The Business Toolkit of a design project’s duration is to be considered by the customer to be an estimation. The Business Toolkit cannot be held responsible for any project over-runs, amid any circumstance. Estimated project duration should be deemed to be from the date that cleared funds are received by The Business Toolkit for the initial payment or by date confirmed.
The Business Toolkit considers the design project complete upon confirmation via any documented (proof) means of communication.
The customer agrees to allow The Business Toolkit to place a small credit on printed material exhibition displays, advertisements and/or a link to The Business Toolkit own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer agrees to allow The Business Toolkit to advertise their finished product on The Business Toolkit website and social media. Exception can be granted upon written email and authorization/acknowledgment from The Business Toolkit
Rights of Refusal
The Business Toolkit will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Business Toolkit also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that The Business Toolkit does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow The Business Toolkit to remove the contravention without hindrance, or penalty. The Business Toolkit is to be held in no way responsible for any such data being included.
Cancellation of invoiced, paid, and processed orders may be made initially by telephone communication or e-mail. However, the client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of fees due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The Business Toolkit within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Anything beyond will be subjected to default status.
The Business Toolkit makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Business Toolkit will not be held responsible for any and all damages resulting from products and/or services it supplies. The Business Toolkit is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to analyze, examine and investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The Business Toolkit responsible for any such loss or damage. Any claim against The Business Toolkit shall be limited to the relevant fee(s) paid by the customer.
The Business Toolkit reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Business Toolkit will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Business Toolkit reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Once an order is placed, 50% of the purchased service/s is non-refundable. This percentage is responsible for the charges associated with The Business Toolkit’s merchant processing, legal fees and other costs associated to successfully begin, process and complete said ordered service/s.
The Business Toolkit LLC refund requests will be rejected if ANY:
1) The first and primary design concept has been approved and continued.
2) You have requested revisions after the first concept/draft.
3) The cancellation has been made due to reasons non-related to the company.
4) The company has not been contacted/responded for more than 10 Days AFTER purchasing service/s.
5) Company’s policies, or policy, have been violated.
6) Other company or designer has been approached for the same project.
7) The requested form to be filled is lacking in required information.
8) A complete design change has been demanded and executed by The Business Toolkit LLC.
9) The claim has crossed the given ‘request for refund’ time span.
10) The business is closing or changing name or business.
11) Reasons such as ‘change of thoughts’, ‘disagreement with partner/s’ or other reasons that do not pertain to the service will not be subject to refund under any circumstances.
12) A customer engaging in verbal abuse, threats, obscene language, cyber bullying.
13) Refund requests will not be entertained once the design/s are approved.
Note: The Business Toolkit LLC holds all rights to reject any project or cancel the contract whenever it deems necessary. After the refund, you will not have any rights to use the designs for any purpose; they will be the sole property of The Business Toolkit LLC. The company will be the rightful owner of the designs.
The requested time span to request a refund is 10 days from the initial placement of an order.
To request a refund, please email: [email protected]
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by The Business Toolkit by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.thebusinesstk.com. An estimate validated by the customer’s payment of invoice, or by email, constitutes acceptance of the estimate or invoice and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and The Business Toolkit.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.