GENERAL OPERATING POLICIES FOR PROBLEM CHILD KUSTOMS STUDIO

We ask that you review the folowing terms and conditions prior to assigning any project, or placing an order. If you have questions or concerns, please feel free to contact us at (480)353-1795, or via email . Thank you.

PLEASE BE ADVISED:
ALL ARTWORK and INTELLECTUAL PROPERTY (read as "DESIGN CONCEPTS") presented on this website are the SOLE PROPERTY OF PROBLEM CHILD KUSTOMS STUDIO and its owner, respectively, and are PROTECTED UNDER UNITED STATES COPYRIGHT, and presented with ALL RIGHTS RESERVED. All designs, intellectual property and artwork in general are registered with the United States Copyright Office of the Library of Congress. In other words, everything is regestered and protected, and any use without EXPRESS, WRITTEN CONSENT is STRICTLY FORBIDDEN, and will be dealt with via the United States Library of Congress Copyright Office. We take a proactive approach to protecting our work, and pursue infringement vigorously. Please don't steal our work.

Please note all new changes and information per update February 1, 2007.

GENERAL OVERVIEW:
Problem Child Kustoms Studio, "Agency" hereafter, is a Hot Rod Design, Graphic Design and Web Design Studio, holding a mailing address at P.O. Box 2118, Gilbert AZ, 85299. Actual products or services may vary from photographs, images, illustrations and/or descriptions shown. Agency (or employees, agents, sub-contractors, officers, partners, subsidiaries, vendors, dealers, distributors, reresentatives, customers, other companies owned by Agency, competing companies in Client’s market) is not responsible for any unintentional omissions or typographical errors and reserves the right to make changes to packages, services, operating procedures, colors, materials, features, specifications, part numbers, pricing, service turnaround time, vendors, and to discontinue any products and/or components at any time without prior notice.

PLEASE REMAIN ADVISED OF THE FOLLOWING:
Problem Child Kustoms Studio reserves the right to refuse service to any entity at any time.
Updates, changes, and/or substitutions to comissioned work are not unlimited.
Please be as specific as possible at time of submitting design brief to avoid possible additional charges and/or time.
No LOA (Letter of Agreement, as defined below) will be honored without signatures of Client and Agent (Problem Child Kustoms Studio, as noted below), and will not be considered binding unless said signatures are affixed, and the document notorized by a Notary Public. There are no exceptions.
Your information will never be resold to third parties and is used internally to improve the quality of service only. Please read our privacy policy below.
In order to provide the highest level of service, please be advised that ALL CALLS AND COMMUNICATION MAY BE MONITORED AND/OR RECORDED to ensure proper service.

GENERAL ORDER POLICIES:
Placing an order may be accomplished utilizing one of the following methods:
TELEPHONE: (480)353-1795

US MAIL: Problem Child Kustoms Studio, P.O. Box 2118, Gilbert, AZ 85299
(printable t-shirt order form available HERE -- pdf format, and printable print order form avaialable HERE -- also pdf format)

Most t-shirt and print orders are shipped within 2-3 business days (depending on sales volume at time of order), and any delays in the shipping process will be noted to the consumer immediately. We hate to wait, and never want you to feel that way, either.

EMAIL: please utilize our Contact page.

PAYMENT POLICIES
All 1st time orders require 100% pre-payment.
ALL DOWN-PAYMENTS must be made via check, money order or cash ONLY. There are no exceptions made. Work will begin when payment has cleared.
Subsequent orders require 50% deposit with balance due upon delivery or 100% pre-payment before any work will begin on your project.
30-day terms and credit terms are not offered.
Estimates are valid for 30-days only, unless prior arrangements are made.
Estimates and purchase orders or letters of agreement (LOA) must be returned to Agency signed via e-mail or mail BEFORE ANY WORK WILL BEGIN.
Any down payment made in a form that is deemed unacceptable at time of order AUTOMATICALLY RENDERS ANY EXISTING LOA VOID. (eg: un-signed checks, altered checks/money orders, third-party checks, post-dated checks, out-of country checks, etc). In the event of such payment, client will be notified, and either given opportunity to corect the situation, or consider any agreement for work void.
We accept cash, business and certified checks, Discover, MasterCard, Visa, American Express and PayPal.

Rush service is available for an additional fee schedule, as outlined below, and if order is 100% pre-paid.

Client understands that payment to Agency constitutes full acceptance of all terms and conditions herein, which may be subject to change at Agency discretion and without update notification required. In the event that the Client fails to make any of the payment(s) as agreed, the Agency has the right, but is not obligated, to pursue any or all of the following remedies:
(1) terminate the Agreement, or
(2) initiate collection proceedings.

If payments are not made within fifteen days of invoice, simple interest will accrue on the balance owed at the rate of 15% from the date the invoice becomes past due.
Residents of Arizona purchasing Problem Child Kustoms Studio or Disturbingly Kool Brand merchandise will be subject to AZ State Sales Tax.

SPECIAL PROMOTIONS IN ONLINE STORE:

Be advised that any special promotions, discount vouchers, gift vouchers or coupons are subject to withdrawal at any time. Failure to enter a discount code or gift voucher number when checking out will NOT result in any reimbursement or refund, NO EXCEPTIONS.
It is the customer's responsibility to properly enter such information at time of purchase.
Unused promo codes, gift vouchers or coupons have no redeemable cash value.
The entry fields for such vouchers or coupons is clearly marked in the shopping cart.
Any questions or concerns regarding such vouchers should be addressed PRIOR TO PURCHASE. All effort will be made to clarify any questions or concerns prior to purchase. (you may phone 480-353-1795 between the hours of 9:30 AM and 5:00 PM, AZ time, Monday-Friday, or email michelle@problemchildkustoms.com for assistance in such matters)

Service turnaround is subject to workload, availability, seasonal variation and other factors which may be beyond our control, but guaranteed turnaround may be available in some instances. BE CERTAIN TO INQUIRE AT TIME OF ORDER.

Orders placed during certain times of the year (prior to SEMA show, CES and OEM rendering season, etc.) may take significantly longer and may incur a 20% rush charge, especially when ordering within one week of rendering deadline. Please note that "overnight" turnaround MUST BE SUBMITTED PRIOR TO 11:00 AM Arizona time, AND THAT SUCH RUSH ORDERS WILL BE SUBJECT TO AN ADDITIONAL 150% "OVERNIGHT RUSH" CHARGE. There are NO refunds on "Overnight Rush" orders, and prior payment arrangements MUST be made before work will begin. NO EXCEPTIONS.

SHIPPING:
Both UPS Ground® and FedEx® ground shipping are available in the 48 contiguous United States (Alaska, Hawaii, International, Standard Overnight, Priority Overnight, First Overnight, and Saturday delivery will be assessed additional charges), as well as United State Postal Service (USPS) standard and "Urgent" shipping upon customer request. Local clients may opt for hand delivery as an alternative.

INTERNATIONAL ORDERS are subject to additional shipping charges, and will be contacted with a shipping quote on orders placed.

Overnight Rush orders may be delivered via electronic mail, or via download utilizing FTP. In such conditions, final print output is the sole responsibility of Client, and Agency assumes no responsibility for poor print quality that is the result of Client's hardware.

The following are the responsibility of the Client: freight charges (including but not limited to in-bound, hand deliver, shipping, packaging and handling, duties, taxes, special delivery, overnight delivery, Saturday delivery, same day delivery, courier fees, and insurance in some cases -- this wil be determined at the outset of a project).
Agency shipping rates are not marked up from those of the carrier, and reflect the carrier's current pricing schedule. Thus, shipping rates are potentially subject to change without prior notice.

All other shipments, unless specified at the time of the order, will be shipped at our discretion via UPS, FedEx Ground or United States Postal Service.
All orders are shipped insured and signature confirmation requested FOB shipping point Gilbert, AZ.
Agency is not responsible for lost, damaged, stolen or delayed shipments.
Again, ALL INTERNATIONAL ORDERS MAY BE SUBJECT TO ADDITIONAL SHIPPING/HANDLING AND/OR DOCUMENT FEES.

CANCELLATIONS, RETURNS & REFUNDS:
Agency provides a variety of services including but not limited to marketing, advertising design, graphic design, rendering and web design.
Because all work is custom and service based which is open to interpretation, cancellations, returns or refunds are not accepted (excluding web maintenance agreements which can be cancelled provided a 45-day written notice is received).
If Client tries to cancel order or if Client abandons project for any reason (i.e., if Client does not respond to Agency for a minimum period of 30 days), Client is responsible for full payment and Agency is under no obligation whatsoever to issue a credit or refund.
In such instances, Client project will be considered forfeit and Client agrees not to dispute the charge with their bank, lender or credit issuing company.

LEGAL:
CONFIDENTIALITY:
Each party agrees that information that is confidential or proprietary may be disclosed to the other party, including, but not limited to software, technical processes and formulas, source codes, product designs, sales, costs and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projects, and marketing data ("Confidential Information").
Neither party shall make any disclosure of Confidential Information to anyone other than its employees who have a need to know in connection with this Agreement.
Each party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligations of each party and its employees shall survive the expiration or termination any agreement between Agency and Client.

COPYRIGHT:
All images, written, intellectual and other material on this website are Copyright © Problem Child Kustoms Studio 2004-2007. No photograph, artwork, digital image or text from this website may be reproduced without the prior written permission of Problem Child Kustoms Studio. Original designs and intellectual property are registered and presented with ALL RIGHTS RESERVED. There are no exceptions. No imagery on this website may be reproduced commercially or for private use in any context whatever, either in printed or digital form, without EXPRESS, WRITTEN PERMISSION of Problem Child Kustoms Studio and accompanying agreement of the appropriate reproduction and licensing fees. Problem Child Kustoms Studio embraces a proactive approach towards protecting the copyright of our concepts, digital art, traditional art, written works and intellectual property. It is the policy of Problem Child Kustoms Studio and its benefactors to actively pursue all infringement vigorously, and take legal action when deemed necessary. Any infringement will be dealt with swiftly, and, above the standard protocol for legal and punitive damages, the infringing party will be subject to invoice at triple retail charges for the stolen work, including all rush, processing and additional fees listed in our General Terms, payable immediately upon receipt.

INDEMNIFICATION:
Client agrees to defend, hold harmless and indemnify the Agency against all claims, damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys’ fees) in connection with any claim, action or proceeding by any third party alleging that all or any portion of the content provided by Client for a web site or other deliverables infringes such third party’s patent, copyright, trademark, trade secret, or other intellectual property right(s).
The Client shall not settle any such claim or action without the Agency’s prior written approval.
Client further agrees to indemnify and hold harmless the Agency for any claims, damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys’ fees) in connection with any claim, action or proceeding by any third party arising from Client’s publication of material or use of material developed by Agency or that may arise or result from any service provided or performed or product sold by the Client.

LICENSING FEES:
Our artwork licensing fees are competitive given the quality and uniqueness of our work. Our pricing schedule is competitively lower than many standard arrangements in the industry, and we feel that it offers tremendous value. We do not offer any bulk pricing, as each work has unique qualities. Please contact us for more details. Licensing fees are based on intended usage. Please provide us withn outline of your intended use for each work, so that we may provide an accurate quote, and supply proper formats to you for production of licensed works.

LIMITED WARRANTY AND LIMITATIONS ON DAMAGES:
The Agency represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted pursuant to this Agreement.
b. that the Web Site and Other Deliverables do not, and will not in the future, infringe any intellectual property (including, without limitation, any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary rights of any third party and are not defamatory.

The Client represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted pursuant to this Agreement.
b. that any content provided to Agency (including but not limited to elements of text, graphics, photos, designs, trademarks or other artwork furnished to the Agency for inclusion in any Client Collateral materials) does not, and will not in the future, infringe any intellectual property (including, without limitation, any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary rights of any third party and is not defamatory.

PROMOTION:
Agency is allowed to promote relationship with Client (with or without Client expressed approval and during or after Client relationship) for as long as Agency sees fit. This applies to anything the Agency prepares or assists in preparing for Client including but not limited to advertising, graphic design, marketing, rendering and/or web design services and/or materials.
Client agrees that Agency is not exclusive to Client and Agency is free to represent any other company.
Furthermore, Agency cannot in any way be held responsible for any existing or future Clients of Agency who may directly or indirectly enter into competing markets against said Client in this agreement. Agency is under no obligation to disclose to it's Clients potential conflicts which or may not exist between itself and other Clients and cannot be held liable for damages which may occur as a result of such a conflict.

EXCLUSIONS:
Fees charged by Agency do not include advertising space fees; advertising short rates; printing; postage; bulk mail processing fees; mailing list processing fees; fax charges; photography charges; 800# setup fees or long distance charges or any other fees relating to advertising tracking; phone charges of any kind; copywriting; copyrighting or trademarking; software; training of any kind; freight charges (including but not limited to in-bound, hand deliver, shipping, packaging and handling, duties, taxes, special delivery, overnight delivery, Saturday delivery, same day delivery, courier fees, and insurance); printing vendor proofs; SWOP proofs; rush charges; changes after deadline; state tax for Arizona companies only.

Agency is not responsible for risk with respect to liability, perceived or actual copyright infringement or litigation or damages arising from copyright infringement; damages resulting from computer viruses, worms, Trojan horses, computer spyware; computer failure or malfunction; computer corruption; damages caused by identity theft and/or credit rating; legal research or advice; minor product scratches from handling; in-transit damage; printing errors; typographical errors; factual errors; delays caused by any circumstances out of our control; acts of God; theft; riots; fires; floods; hurricanes; vandalism; misplaced items; lost items; or other items mentioned in this agreement as not included; credit card/debit card processing fees; credit card/debit card interest fees; any associated bank or credit card fees; legal fees of any kind or any litigation arising from Client’s association with Agency or any damages of any kind; claims or financial loss (implied or actual), inconvenience, lost opportunity costs, damages to any relationship (personal or business), damages to reputation caused by Agency (or employees, agents, sub-contractors, servants, officers, partners, assigns, subsidiaries, vendors, dealers, distributors, reps, customers, other companies owned by Agency, competing companies in Client’s market).

ASSIGNMENT OF PROJECT:
The Agency reserves the right to assign certain subcontractors to this account to as deemed necessary by the Agency. The Agency warrants all work completed by subcontractors for this account. When subcontracting is required, the Agency will only use industry recognized professionals, and thus will be listed on the project LOA or LOA addendum.
(see above for down-payment and acceptable forms of payment information)

BINDING EFFECT:
This policy shall be binding upon and insure to the benefit of the Client and the Agency and its respective successors and assigns, provided that the Agency may not assign any of its obligations under this Agreement without the Client’s prior written consent.

OWNERSHIP RIGHTS:
a. The following shall be the sole and exclusive property of the Client:
(i) Any text, photos, graphics, audio components, software, documentation, images, or other materials of any kind or nature made available to the Agency by the Client for use in development or publication of the Work.
(ii) The Client’s trademarks, service marks, copyrighted materials, and all materials listed in (i) above shall remain the property of the Client, except where noted at outset of project.

b. The following shall be the property of the Agency: All text, photos, graphics, audio components, programs, routines, subroutines, interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, computer code, procedures, scripts, software designs, database designs, or other materials of any kind or nature originally developed by the Agency or licensed to the Agency for general use by the Agency. Client shall be granted an exclusive license to use the Work created by Agency for Client subject to the terms and provisions in (c). However, Agency shall own all copyrights to the Work and retain ownership of the original Work. Agency is under no obligation, whatsover, to provide software, software training, processes, databases, mailing lists, links, files, e-mails, fonts, backgrounds, calibrating equipment, printing equipment, computer equipment, photographs, icons, special effects, vendor information, personal contact information, original un-flattened artwork to Client. Agency chooses all software, hardware, vendors, processes, etc. at its own discretion. Agency is not responsible for Client compatibility with the aforementioned and is under no obligation to transfer information over to non-standard Agency platforms (all transfers will occur at Client expense).

c. Agency grants Client an exclusive license to the original artwork for Client's business/personal use provided Client understands and is authorized by you Company to agree to the following:
Client is granted a limited use license however Agency retains the exclusive right to use the artwork in Agency portfolio and promote Client design as a sample of Agency work at Agency discretion for any purpose Agency chooses for as long as Agency chooses. Terms of any license will be made via the project LOA.

GOVERNING LAW: All disputes that arise out of or relate in any way to this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of Arizona, in addition to any applicable federal law.
Venue for the resolution of any dispute arising out of or relating to this Agreement shall be in Maricopa County, Arizona.


GENERAL DISCLAIMERS (Applies to All Services):

Client is responsible for supplying company specific typefaces not currently available in the Agency typeface library; any and all company and/or product logos, product and/or vehicle photography in the following formats (prints, slides, negatives or 300 DPI digital .TIF, .JPEG, or .EPS); space charges (Client will always be direct billed from publisher); SWOP proof charges; signing publisher liability waivers and space contracts; digital proofing via Agency web site (including but not limited to checking of accuracy of facts and/or claims, product part numbers, product descriptions, product names, product pricing, all company contact information, copyright/trademark notice, etc.); final approval via Agency web site; design fees and all related service fees provided by Agency if project is abandoned or cancelled. Agency supplied typefaces, illustrations; backgrounds and photography are not exclusive to any specific Client. If Agency provides photography services to Client (always at an additional charge), Client is responsible for supplying all products/vehicles/etc. to Agency. These items will be returned to Client upon completion of project. Certain products and/or services provided by Agency may require utilization of a 3rd party vendor. As such, final pricing and availability are subject to change from those listed on our web site and/or price guides when you place your order. We will try to notify you of such a change when order is placed.

BE ADVISED: Absolutely NO WORK will begin without the receipt and clearance of the down-payment. There are no refunds on comp work, or pre-visualization work for a project. If the project is terminated by either party, the client may request to have comps createdd for their project supplied to them in a flattened .jpg or .tiff file, either by email or on CD. There are no exceptions.

ADVERTISING AND DESIGN:
All ads designed by Agency which include the Problem Child Kustoms Studio or Disturbingly Kool logos make the Client potentially eligible to receive a 15% agency discount. The discount may be applied to future design projects with Problem Child Kustoms Studio.

NOTE: All changes after final approval and are subject to a $100/hour charge with a 1/2 hour minimum.

All work requested after published magazine close dates or necessary printing deadlines are subject to a rush charge of 20% of the design cost.
Agency makes no guarantees to ad response rates (including but not limited to phone calls, web site hits or click throughs) and conversion rates. Agency cannot guarantee the colors shown in any digital or printed proof will match the final printed piece supplied to or by any printer or publisher. Client understands that all 2-color, 4-color or more designs and/or designs appearing in newsprint, on silk-screened apparel, on embroidered apparel, etc. are subject to substantial color variation and significant additional color setup charges for which Agency cannot be responsible.

RENDERINGS:
Renderings are custom, mixed media commissioned artwork provided on a first come, first served basis and are not returnable or cancelable once began. All projects require in-depth input from the Client using on our online viewing and approval system (e-mail can be used as an alternative).
All turnaround times mentioned verbally, electronically or on order forms are approximations only, never guaranteed to be within a specific time period and subject to work load and development of concept(s).
All orders placed 3 weeks (or less) before the published OEM proposal deadlines are subject to a mandatory 25% rush fee.
Client understands that special concepts, elaborate concepts, prototype concepts, etc. can take several weeks or months to complete and require in-depth input from the Client for completion. Upon completion, renderings are delivered unframed unless a frame is specifically ordered at an additional charge.
Our renderings are 19" wide by 13" tall on average, and are delivered on superior paper stock.
Renderings are subject to the terms and conditions of our ownership rights agreement.
Please contact us for enlisted military rates, as discounts may apply.

WEB SITES:
Client is responsible for web hosting; domain name registration; secure server certificates, merchant account setup and processing fees; order processing fees; shopping cart license fees, providing: current web site user name; password; web host contact information; all existing web site files; naming software titles currently used to maintain web site; basic technical information.
Server up-time/down time, data backups, anti-virus protection, spam protection, denial of service attacks, server speed or lack thereof, data corruption while on host web server, fault tolerance, host server power supply, power backup, general data security are the responsibility of the Web host and the Client, not Agency.
Client acknowledges that agency does not warrant that web site will work on all platforms or will be available for any specific percentage of time.
Web site maintenance agreements are to be paid via pre-arranged method on the 1st or 15th of every month.
If Client requests or requires any of the following custom programming, the programming may be provided by a 3rd party at Client expense: including but not limited to CGI, Perl, Python, PHP, ASP, Cold Fusion; Oracle, Microsoft SQL and certain XML functions.
Simple web sites can be completed approximately 4 weeks provided all information requested of Client is received in a timely manner.
Complex or E-commerce web sites can take approximately 3-6 months. Completion times listed are general only and subject to change depending on design elements, database(s), image enhancing and other factors.
Additional pages not within the scope of original web design or maintenance contract are billed $100/page and associated images scans with color corrections and clipping paths are $60/scan .