Last updated on 06/7/2018 at 3:30m

LAST REVISION

Last updated on 06/7/2018 at 3:30pm

WEBSITE TERMS AND CONDITIONS OF USE

Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the TryFusionmarketing.com web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
~ modify or copy the materials;
~ use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
~ attempt to decompile or reverse engineer any software contained on the TryFusionmarketing.com web site;
~ remove any copyright or other proprietary notations from the materials; or
~ transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fusion Marketing at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Fusion Marketing, and/or its subsidiaries or the copyrighted property of parties from whom Fusion Marketing has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Fusion Marketing reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Fusion Marketing remain the property of Fusion Marketing and its licensors.

Disclaimer
The materials on the Fusion Marketing web site are provided “as is”. Fusion Marketing makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fusion Marketing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

We will not be responsible for any damages caused by your inability to not use products the way they were intended, including decals/stickers, car & or other magnets, hanging signs/banners, etc., etc. If you are not qualified to install said products, you should contact someone who is capable of performing such acts.

Limitations
In no event shall Fusion Marketing or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Fusion Marketing Internet site, even if Fusion Marketing or a Fusion Marketing authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Transfer of Title
The client agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the client upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier. For any Product that is to be provided to the client in an electronic format, the client agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the client or (b) at the time we transmit a notification to the client that the Product is available for downloading from the Site.

All mailing delivery dates are only estimates, not guarantees. Fusion Marketing’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service or other specified shipping services. In no event shall Fusion Marketing be liable for delivery performance failures or delivery delays. Fusion Marketing also will not be liable to you or any third party for any additional services performed outside of Fusion Marketing, including but not limited to other third party mail delivery services.

Fusion Marketing shall be liable for printing and covered mailing errors only to the extent of re-mailing a correction or corrected job as soon as reasonably practicable, and allowable damages shall be limited to the value of the printing work performed. Postage is never refundable once the mail piece has been processed for mailing. In no case will Fusion Marketing be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to the specific job, whether as a result of errors, mistakes or failure by Fusion Marketing to perform services, or otherwise.

Fusion Marketing DOES NOT proof-read your own submitted content, artwork, etc., and as such, will not be held liable for incorrect grammar, misspellings, misplaced graphics/objects, etc., that were submitted to us as “camera ready” – “print ready” and/or the like. It is YOUR responsibility to make sure any type of artwork, text documents, etc., etc., are grammatically correct & free of any kind of errors BEFORE you submit them to us.

Clients are given “proofs” for any type of artwork/etc. that we create. It is YOUR responsibility to actually look over said “proof” and verify that the proof is EXACTLY what you want printed/created/etc. ALL of the proofs we give clients need to be “approved” by you BEFORE any given item/project is “final” printed/created. Therefore, if you “approve” the item in question, and is later discovered to have an error of some type, Fusion Marketing will not be held liable for such errors. Always proof your items/projects a couple times to avoid errors!

Revisions and Errata
The materials appearing on the Fusion Marketing website could include technical, typographical, or photographic errors. Fusion Marketing does not warrant that any of the materials on its web site are accurate, complete, or current. Fusion Marketing may make changes to the materials contained on its web site at any time without notice. Fusion Marketing does not, however, make any commitment to update the materials.

Website Feedback & Testimonials

Any comments, suggestions, proposals, testimonials or any other type of feedback provided to Fusion Marketing in connection with the operation or content of this Site shall be provided by the submitter and received by Fusion Marketing on a non-confidential basis. All such comments, suggestions, or any other information shall become the exclusive property of Fusion Marketing. By submitting any such information to Fusion Marketing, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Fusion Marketing shall be free to use such information on an unrestricted basis.

Links
Fusion Marketing has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fusion Marketing of the site. Use of any such linked website is at the user’s own risk.

Site Terms of Use Modifications
Fusion Marketing may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law
Any claim relating to the Fusion Marketing website shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Website.

Find our Privacy Policy HERE.

PRINT PRODUCT SETUP
PRINT PRODUCT SETUP (PRINTED PRODUCT ARTWORK)
For a flat rate, Fusion Marketing LLC will design custom artwork for use on printed items purchased by the client from Fusion Marketing LLC. All Artwork including provided artwork proofs remain the property of Fusion Marketing LLC. Client understands that the use of artwork for any other purpose without obtaining a file release will be considered theft of intellectual property with intent to harm Fusion Marketing LLC.

 

 

 

DIGITAL ART PROOFS
Each project includes (3) digital art proofs and (2) sets of basic changes. Additional digital art proofs for custom art will be provided for a non-refundable fee of $25.00 per proof. Client can request additional digital art proofs via art proof, e-mail, written and/or verbal request. Artwork re-design is billed hourly at 62.00 per hour with a minimum charge of one hour. The definition of ‘basic changes’ and ‘artwork re-design’ is at the sole discretion of Fusion Marketing LLC.

FILE RELEASE
Client can request the release of artwork created by Fusion Marketing LLC for a minimum release fee of $50.00 per file. Fusion Marketing LLC reserved the right to reject such a request for any reason.

APPROVAL
Client understands that changes cannot be made after approval for any reason.

PROJECT ABANDONMENT
Projects are considered abandoned if client fails to provide requested information, content or direction needed to complete the project within any 5 calendar days during the design process. If the project becomes abandoned, a $50.00 reinstatement fee is to be paid before the continuation of the project. Fusion Marketing LLC reserves the right to reject the reinstatement of any abandoned project for any reason.

CUSTOM ARTWORK / GRAPHIC DESIGN
DIGITAL ART PROOFS
Each project includes (3) digital art proofs and (2) sets of basic changes. Additional digital art proofs for custom art will be provided for a non-refundable fee of $25.00 per proof. Client can request additional digital art proofs via art proof, e-mail, written and/or verbal request. Artwork re-design is billed hourly at 62.00 per hour with a minimum charge of one hour. The definition of ‘basic changes’ and ‘artwork re-design’ is at the sole discretion of Fusion Marketing LLC.

 

 

 

APPROVAL
Client understands that changes cannot be made after approval for any reason.

ALL DEPOSITS AND PAYMENTS ARE REFUNDABLE.
Deposits and payments become non-refundable upon the competition of one or more of the following:

  1. Custom art
  2. Content creation
  3. Typesetting
  4. Phototypesetting
  5. Art Proofing

PROJECT ABANDONMENT
Projects are considered abandoned if client fails to provide requested information, content or direction needed to complete the project within any 5 calendar days during the design process. If the project becomes abandoned, a $50.00 reinstatement fee is to be paid before the continuation of the project. Fusion Marketing LLC reserves the right to reject the reinstatement of any abandoned project for any reason.

CLIENT PROVIDED ARTWORK
It is recommended that files are professionally prepared for the for the specific use requested, however, files not professionally prepared will still be accepted. The client will indemnify and hold harmless Fusion Marketing LLC from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the Client.

 

 

 

APPROVAL
Client understands that changes cannot be made after approval for any reason.

ARTWORK ON FILE
At the request of the client, the previously approved artwork will be used ‘as is’ without any alteration.

 

 

 

APPROVAL
At the request of the client, previous artwork approval will be used in place of a new proof. Client understands that changes cannot be made for any reason.

SILKSCREEN
Screen setup: $35.00 per color
Re-screens: $10.00 per color
Misprints: Please allow 1-3% for mill defects and misprints
Garment: In the event a requested product is unavailable, clothing may be substituted for a comparable brand or style without notice.

 

 

 

NOTE: Screen charges are for services rendered.
The physical vellums/films and screens remain the property of Fusion Marketing LLC.
Screens are kept on file for 12 months
After 12 months new screen/art charges will apply.

DTG PRINTING
Misprints: Please allow 1-3% for mill defects and misprints
Garment: In the event a requested product is unavailable, clothing may be substituted for a comparable brand or style without notice.

 

 

 

WEBSITE DEVELOPMENT
Project includes (3) digital proofs and (2) sets of basic changes, requested changes are considered additional development thereafter. Client is responsible for any/all custom content including but not limited to; wording, image(s), link URL(s) unless noted by Fusion Marketing LLC in writing. The definition of ‘basic changes’ and ‘additional development’ is at the sole discretion of Fusion Marketing LLC.

 

 

 

DEVELOPMENT
Development costs are based on the project requirements. Fusion Marketing LLC agrees to develop the all pages, features, and elements notated in writing. Substitutions cannot be made for any reason. Client can request additional development via proof, e-mail, written and/or verbal request. All additional development requested by client will be billed at $100 per hour with a minimum charge of one hour. Client agrees to pay all development costs prior to website launch. All development, content and/or elements created by Fusion Marketing LLC remains the sole property of Fusion Marketing LLC until paid in full.

ALL WEBSITE DEPOSITS AND PAYMENTS ARE REFUNDABLE.
Deposits and payments become non-refundable upon the competition of one or more of the following:

  1. Database installation, creation, alteration, setup and/or site mapping
  2. Upon domain name (URL) purchase, setup and/or transfer
  3. Upon hosting purchase, setup and/or transfer
  4. Custom art, content creation, typesetting and/or phototypesetting

PROJECT ABANDONMENT
Projects are considered abandoned if client fails to provide requested information, content or direction needed to complete the project within any 5 calendar days during the development process. If the project becomes abandoned, a $100.00 reinstatement fee is to be paid before the continuation of the project. Fusion Marketing reserves the right to reject project reinstatement after becoming abandoned.

MARKETING RESEARCH

At times we may request that a marketing retainer is provided to show client commitment before researching a project. All retainers are refundable less billable hours. Client has the option to apply 100% of provided retainer to our purposed project in it’s entirety. Provided retainer can be applied to projects that require revisions, less billable hours. Research times are not exact and may fluctuate 2 hours above or below the estimated times provided by Fusion Marketing LLC.

 

CONSULTATION
Consultation fees are non-refundable.

 

 

 

During your consultation, we will provide detailed information on your individual project’s issues, suggestions, and benefits. We will answer all your questions and make sure you understand the potential risks involved. If you retain our marketing services we will credit your consultation fee towards the overall marketing campaign.

FILE RELEASE
All files are for use with the original application(s) and/or product(s) they were created for and are not guaranteed for use in any other application(s) and/or product(s).

 

 

 

File release deposits/payments become non-refundable upon the competition of any of the following:

  1. Email is sent containing the files requested.
  2. Hard copy is created containing the files noted above.

NOTE: All files notated on client’s invoice will be released (1) one time via email. (1) one optional hard copy will be provided per the request of the client if made within (7) days of invoice date.

PRINTING
The production of printed products is normally (5) five to (7) business days. Turnaround times are provided as an estimate and are in no way guaranteed by Fusion Marketing LLC. Artwork approved or received after 10:00 am EST is considered as being received the following business day. Fusion Marketing LLC may use at our decompression, different printing methods available for producing the same types of products. For this reason, color variations will occur and are not guaranteed unless notated in writing.

 

 

 

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