Santora Media Group shall also be known as (SMG)
Additional Terms and Conditions
((( The following terms and conditions supplement the terms and conditions of the Santora Media Group Estimate. These Terms and Conditions may be amended from time to time with or without notice.
1. Payment Terms. All orders will require, in SMG’s sole discretion, either prepayment in full or a deposit of 65% of the total price. If a deposit is required, the balance is due upon delivery. If any payment is not provided on or before the day on which it is due, is not honored, is charged back or otherwise not made, it would be impracticable to fix the actual damages resulting to SMG. Therefore, Purchaser agrees to pay to SMG (in addition to the delinquent amount) the sum of $25.00 per day on any default, as liquidated damages and not as a penalty, to compensate SMG for the expenses of administering the default.
2. Cancellations. No cancellations are accepted. All sales are final at the time this Estimate is signed.
3. Inspection and Approval. Purchaser states that it has inspected adequate samples including but not limited to materials, ink(s), sizes, colors etc. and/or hard proofs supplied by SMG and have approved them or that it has opted to NOT receive a sample(s) or hard proof. Items and graphic design services purchased from Santora Media Group Inc. are custom-made items, all graphic designs and item descriptions must be approved before the creation of the items. The items must be inspected and picked up locally at our location. If Purchaser’s art needs any alterations, Purchaser will be billed $99 per hour.
4. Performance. All printing will be in CMYK unless Pantone or color matching is expressly requested in this Estimate. CMYK printing cannot replicate colors precisely. Exact color matching is an additional cost. If Purchaser supplies SMG with files, they must adhere to SMG’s templates, if they do not, SMG is not responsible for any imperfections including but not limited to color, spelling, resolution, folding, or cutting.
5. Entire Agreement. This Estimate, including these Terms and Conditions and the Terms and Conditions on the Website, set forth all covenants, agreements, conditions, and understandings between the parties concerning the services to be provided and there are no other such covenants, agreements, conditions, or understandings between the parties, either oral or written. This Estimate is intended solely for the benefit of the parties herein and is not intended to benefit any third person or party.
1. Disclaimer of Warranties. SMG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMG assumes no liability for glass breakage associated with the application of window films, vinyl graphics, or perforated vinyl graphics.
2. Limitation of Liability. SMG SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF SMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF SMG, REGARDLESS OF THE BASIS OF THE CLAIM, SHALL BE LIMITED TO THE CONSIDERATION ACTUALLY PAID HEREUNDER. THIS LIMIT OF LIABILITY IS A MATERIAL TERM OF THIS AGREEMENT AND SMG’S EXECUTION OF THIS AGREEMENT IS DEPENDENT UPON ITS INCLUSION.
3. Indemnity. Purchaser agrees to defend, indemnify, and hold harmless SMG, its principals, agents, employees and representatives, from and against any claims, suits, damages, costs, expenses, and attorney fees, arising from or related to this agreement or the parties’ performance hereunder. This indemnification shall encompass and include any and all claims by third parties related to either party’s performance under the Estimate.
4. Ownership and License to Use. All art, designs, illustrations, digital files created by SMG are the sole property of SMG unless otherwise expressed in this Estimate. Purchaser agrees to allow SMG to feature Purchaser’s logo, brand name, and any other design(s), printed materials, or installations on SMG’s website, on television and radio advertisements and on SMG’s marketing materials as samples of SMG’s work or as a statement of SMG’s clients.
5. Governing Law. The Estimate shall be interpreted in accordance with the laws of the State of California.
6. Permits. Purchaser is responsible for acquiring necessary city/state permits for all signs purchased.
7. Severability. If any term, covenant, condition or provision of the Estimate is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
8. Venue/Forum Selection. The parties acknowledge and agree that the Estimate was entered into in San Diego, California, and all payments pursuant to the Estimate shall be made in San Diego, California. The parties further agree that all actions or proceedings arising in connection with the Estimate shall be tried and litigated exclusively in the State and Federal Courts located in the County of San Diego, State of California.
9. Force Majeure. SMG shall not be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of the Estimate to the extent that such failure or delay is caused by any reason beyond its control, including Fedex, UPS or other common carrier delays or mistakes, unavailability or backordering of materials or supplies, act of God, hostilities or war (declared or undeclared), terrorist activity, striking or work stoppage, or governmental restrictions.
10. Attorney Fees. In any action or proceeding arising out of or relating to the Estimate, the prevailing party shall be entitled to recover all costs, expense and attorney fees incurred in connection with any such action or proceeding.)))
Non-Responsibility For late Delivery:
*Santora Media Group promises to do our best to produce your designs, printing, and/or signs by the turnaround time quoted in your estimate/invoice/ or our website, however events like; materials that are backordered, 3rd party delivery services that do not perform to their quoted abilities, inclement weather, equipment failure, emergencies, internal accidents which demand a reprint ( which may include extended curing, drying, cutting, fabrication times ), may cause us to miss our quoted turnaround time(s). We apologize in advance for any of these events, however Santora Media Group will NOT be responsible for any financial losses or Any other loss or damage(s) our clients may incur due to these circumstances. We do promise to do our best to never miss a deadline.
*The prices, turnaround times, materials, and sizes may change without notice. Purchaser states that they have been given the most updated details of their order and they accept them.
*Due to various factors in printing, quantities can vary 10% above or below the original order.
*All orders will require a deposit ranging from 20%-50% or pre-payment on a credit card
* Pricing subject to 10% over/under final price, usually depending on changes to order, or specifications not determined yet, and or upon viewing the created or provided art.
*all prices are subject to change without notice, and restrictions may apply, ask your representative for details
Reclaiming Design (s)/printed product(s)/sign(s) in the instance of non-payment, including but not limited to: bounced checks, insufficient funds notices on checks, declined credit card purchases, counterfeit dollars, unfounded credit card disputes etc.
* By purchasing from Santora Media Group, you the consumer/client agree to allow Santora Media Group to physically reclaim in full all digital files of designs, all printed collateral including but not limited to: business cards, flyers, posters, brochures etc, as well as any and all signage, including but not limited to: banners, posters, directional signage, electrical signage, indoor signage, menu boards, window graphics, stickers, vehicle wraps. You as the consumer/client agree to allow Santora Media Group to physically reclaim in full these items/products and files at the expense of the you the consumer/client. You further agree that any and all representatives/agents of Santora Media Group may enter your business whether residing in or on private property or public and remove these items/products using whatever tools or machines necessary even during your standard business hours. THE ONLY WAY TO KEEP YOUR UNPAID ITEMS IS TO ACTUALLY PAY FOR THEM IN FULL WITH CASH IN HAND AT TIME OF ATTEMPTED RECLAMATION.
*Your credit card information will be kept on file to make future purchases more convenient
* The buyer agrees to pay a $40.00 fee for any check(s) bounced or credit card issue fees in addition to any fees incurred by the seller for check or credit card issues causing SMG a financial loss or delay in payment
SUBMITTING FILES TO SMG:
*All printing will be in accordance with our templates which are on www.santoramediagroup.com, if you the customer supplies SMG with files, they must adhere to our templates, if they do not, SMG is not responsible for ANY imperfections including but not limited to color, spelling, resolution, folding, or cutting.
* *All printing will be in accordance with our templates which are on www.santoramediagroup.com, if you the customer supplies SMG with files, they must adhere to our templates, if they do not, SMG is not responsible for ANY imperfections including but not limited to color, spelling, resolution, folding, or cutting. By signing this estimate, you authorize SMG to charge your card for this and future purchases without a signed credit card transaction slip, making this contract your complete authorization for this and all future purchases made in person, by phone, text or email massages SMG is not responsible for the proofing of spelling, cut lines, safety margins, color or anything else on art supplied by the customer
Information in any email message, including any attachments, remains property of Santora Media Group and is intended for examination/approval only.
*All printing will be in CMYK unless Pantone or color matching is requested and espressed in this estimate, SMG will do our best to replicate the color you are expecting, however CMYK printing cannot replicate colors precisely but Pantone can. also color matching will be close but not exact, also colors may vary from order to order due to daily printing parameters. Customer is responsible for aquiring necessary city/state permits for all signs purchased. also your homor office computer screen(s) / printer(s) colors may vary from actual color values embedded in a digital file
*SMG will submit proofs in a number of ways not limited to: email pdf, jpg, tiff, psd, ai format, hardcopy inkjet proof etc. Unless SMG referes to submitting a 100% actual media and color proof of exactly what you will be receiving upon delivery or installation if a produst within the language of an estimate all proofs are simply to show things like size shape basic color but cannot replicate a real press check or printing proof.
*SMG will not start production on your order until you mark “THE PROOF IS CORRECT” Any delay in signing this form will delay production and shipment of your order.
By accepting a completed job, the customer acknowledges that the performance is satisfactory. Customer must inspect product upon receipt. No part of a product can be used if customer is putting in a claim against the order. The Santora Media Group keeps a copy of the job, on file, for 30 days. Claims for defects, damages, or shortages must be made by the customer, in writing not email, within 7 days from receipt.
WEBSITE USE LIABILITY
Santora Media Group does not guarantee that access to this website will be uninterrupted, that this website will be free from viruses or that this website cannot be tampered with by third parties. This website and the information are provided on an ‘as is’ basis, with no warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties or any implied warranties of merchantability or fitness for a particular purpose. Use of this website and the information is entirely at the user’s sole risk. In no event will The Sign Shop be liable for any damages whatsoever arising out of or related to this website. Your sole and exlcusive remedy for dissatisfaction with this website and/or information is to stop using the site and the information.
Modification of the Terms and Conditions
The Santora Media Group may modify the terms of this agreement on this site. You agree to periodically review this agreement to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site and cease business with the Santora Media Group. Your continued use of this website and patronage of the Santora Media Group shall be deemed as acceptance of and agreement to abide by all such terms and conditions.
Turnaround Time Schedule
paper printed products – 4-6 biz days* & 6-8 biz days*
signage / displays / stickers – 2-3 biz days*
silkscreen / embroidery – 5-7 biz days*
*turnaround times are calculated estimations but not
guarantees. Ask your representative for exact turnaround times.
*turnaround times do NOT include Sat or Sun or commonly celebrated holidays.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by The Santora Media Group. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of the Santora Media Group or any third party, except as expressly granted herein.
This privacy notice discloses the privacy practices for SantoraMediaGroup.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
The Santora Media Group Guarantee:
Santora Media Group thrives on our ability to provide our clients with media solutions without hassles. If in our efforts to serve you, we fail to deliver a product or service that meets or exceeds what was promised, at our discretion, we will offer a discounted price or redo your order to your satisfaction. We are here to serve and make your business even more successful, Bottom Line!