TERMS AND CONDITIONS
Below are Ruthless Paintball Products Products (throughout this document will be referred to as Ruthless Paintball Products) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Ruthless Paintball Products. Please also note that from time to time Ruthless Paintball Products may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
Agreement to work with, submission of SoW and payment of a deposit (if applicable) to Ruthless Paintball Products constitutes agreement to these terms and conditions.
“The Client” agrees to pay a $150.00 deposit of the quoted amount to commence any project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable. Ruthless Paintball Products endeavors to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial $150.00 deposit is forfeited.
Work Case Studies & Design samples
“The Client” agrees to allow Ruthless Paintball Products to showcase any/all work created in the course of a project as part of the Ruthless Paintball Products portfolio. Ruthless Paintball Products acknowledges the confidential nature of projects and agrees to only display project work once product/service has been publicly launched.
Ruthless Paintball Products shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Ruthless Paintball Products. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Scope of Work
Ruthless Paintball Products may make any changes to the Scope of Work, design, materials or functionality of the deliverables or provision of the Services: (a) which are required to comply with any applicable legal or regulatory requirements; (b) are required or advisable to prevent the services and/or deliverables infringing third party rights, including Intellectual Property Rights; or (c) which in Ruthless Paintball Products reasonable opinion, do not materially affect the quality or performance of the Services.
If at any time “The Client” wishes to make any alterations to all or any part of the services including the Scope of Work, and/or Customer Materials and/or data then “The Client” will provide Ruthless Paintball Products with full written specifications of such alterations and with such further information as Ruthless Paintball Products may require.
Ruthless Paintball Products will either decline to undertake such alterations or will submit to “The Client” a quotation for such alterations specifying what changes (if any) will be required to the services including
fees and the deliverables. Upon receipt of such quotation “The Client” will either: (a) accept such quotation, in which case the services will be deemed to be amended accordingly; or (b) withdraw the proposed alterations in which case the agreement will
continue in force unchanged.
Where Ruthless Paintball Products is supplied with Customer Materials or is requested to use specific material by the Customer when undertaking the Services: (a) Ruthless Paintball Products will not be liable for any delay in or inability to perform the Services or for any additional costs incurred in the performance of the Services or for any defect or error in the Services or Deliverables or errors in or additional costs associated with their delivery to the extent that such delay, inability, costs, defect or error were caused by defects in or unsuitability of the Customer Materials or specified materials, or the Customer’s failure to supply the Customer Materials to Ruthless Paintball Products in the manner (including regarding format and method of delivery) directed by Ruthless Paintball Products, if being noted and agreed that Ruthless Paintball Products may not be able to identify defects in the Customer Materials or specified materials, or the unsuitable nature of the Customer Materials or specified materials until production has commenced, and where additional costs are incurred by Ruthless Paintball Products such costs shall be recoverable from the Customer; (b) Ruthless Paintball Products may reject any of the Customer Materials or specified materials which in its opinion are unsuitable;
(c) Ruthless Paintball Products may, if the Customer Materials or specified materials are found to be unsuitable during production or have been supplied to Ruthless Paintball Products otherwise than in the manner (including regarding format and method of delivery) directed by Ruthless Paintball Products, charge the additional production costs incurred by Ruthless Paintball Products to the Customer after notifying, where possible, the Customer in writing of the unsuitability of the Customer Materials or specified materials; and
(d) Ruthless Paintball Products accepts no responsibility for imperfect work caused by defects in or unsuitability of the Customer Materials or specified materials.
Legal Authorization for Publications
The Customer is responsible for obtaining, at its own cost, all necessary consents, clearances, and authorizations which may be required by all applicable law and any regulatory and other authorities or commercial providers in respect of its receipt of the Services and use of the Deliverables. In particular, the Customer agrees that it, and not Ruthless Paintball Products, is responsible for ensuring the use of the Customer’s own and any third party photographs, images, sounds and text in the Deliverables does not infringe third party Intellectual Property Rights, whether those third party materials are sourced by the Customer or by Ruthless Paintball Products on the Customer’s behalf.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished work after sign-off by an authorized representative of “The Client”. From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original SoW. If the client wishes these alterations to be made, a new SoW will be issued by Ruthless Paintball Products addressing the new requirements and the associated cost. Work can only commence once SoW has been signed off.
Publication and/or release of work performed on behalf of the client by “Ruthless Paintball Products” may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by “Ruthless Paintball Products” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.
It is agreed that “Ruthless Paintball Products” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall Ruthless Paintball Products be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Ruthless Paintball Products including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Work
While Ruthless Paintball Products takes all care to avoid errors, Ruthless Paintball Products accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is “The Client’s” responsibility to proofread and approve all final copy before the production of work. The email verification of the Client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved deliverable has gone to print due oversights by “The Client’s” proofreading.
Ruthless Paintball Products retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Ruthless Paintball Products. Ruthless Paintball Products may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Ruthless Paintball Products retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until the final payment, Ruthless Paintball Products retains ownership of all the work produced. Ruthless Paintball Products reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes, and other non-exclusive items.
Ruthless Paintball Products reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Ruthless Paintball Products all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Ruthless Paintball Products shall be outlined in the Project Proposal. For additional usage, the price will be assessed as needed..
Artwork on DVD or USB Drive
If any client artwork is required on CD/DVD, an administration fee of approximately – $100 plus courier/ postage will be payable.
If a project is cancelled by Ruthless Paintball Products, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Ruthless Paintball Products.
Print Returns And Refunds
It is agreed that Ruthless Paintball Products is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Ruthless Paintball Products will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify Ruthless Paintball Products of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Ruthless Paintball Products within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed project MUST be prepaid.
Print – Color Variations
With all printing, there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at the expense of Ruthless Paintball Products.
Website design post- completion alterations
Once web design is complete, “Ruthless Paintball Products” will provide the customer with the opportunity to review the resulting work. “Ruthless Paintball Products” will make one set of minor changes at no extra cost within 4 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the design. Any minor changes can be notified to “Ruthless Paintball Products” by e-mail and confirmed..
It is agreed that employees of “Ruthless Paintball Products” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Late payments & Default
“Ruthless Paintball Products” retains all copyright for work performed until full project costs have been paid. “Ruthless Paintball Products” reserves the right to reuse or resell work undertaken in the case of a payment default.
“Ruthless Paintball Products accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client“ and signed by an authorized representative of “Ruthless Paintball Products” prior to the commencement of the work outlined in this submission.
Freelance contractors and confidentiality
All contractors employed by “Ruthless Paintball Products” are held to a strict confidentiality and nondisclosure agreement. Contractors of “Ruthless Paintball Products” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Ruthless Paintball Products”. If this was to be breached by the contractor “Ruthless Paintball Products” will take swift and preparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “Ruthless Paintball Products” and acting independently.
Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“Ruthless Paintball Products” aims for the complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “Ruthless Paintball Products” guidelines of professional behavior and ethics.
Research, insights, data, design, strategy, photography, TVC, illustration, writing and marketing are all highly creative and subjective art forms. As such “Ruthless Paintball Products” takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however “Ruthless Paintball Products” cannot be held responsible for variations between expectation and outcome.
All information contained in our website is intended for general information purposes only. The information is provided by “Ruthless Paintball Products”. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. “Ruthless Paintball Products” will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. “Ruthless Paintball Products” has no control over websites that are linked to on this website.
Those third-party websites are under the control of their owners, and “Ruthless Paintball Products” will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.