Acceptance of Terms and Use

Please make sure that you read these Terms and Conditions carefully. These Terms and Conditions will govern your use and access of this Site. By using or accessing this Site you agree that you will be bound by these Terms and Conditions and to any additional restrictions, rules or guidelines that may be posted regarding specific services or sections of this Site. All additional posted restrictions, rules or guidelines are hereby incorporated into these Terms and Conditions. ProMediaDesign reserves the right to make changes to these Terms and Conditions and to this Site at any time without any prior notice.

By accessing and using this Site, you also agree that we may provide all notices and legal communications to you in an electronic format by posting them on this Site or by sending them via e-mail to the e-mail address which you provided when you registered on our Site. You may elect to withdraw consent to receive electronic communications by contacting our customer service department. Please be aware that if you do elect to withdraw your consent to receive electronic communications, you must also discontinue use of your account at our Site.

This Site contains photographs, graphics, document layouts, images, text, artwork, music, software tools and other information that will from herein be referred to as 'Content.' This Site and all Content on this site are the copyrighted property of ProMediaDesign and/or its subsidiaries, from herein referred to as ProMediaDesign or the copyright property of parties from whom ProMediaDesign has licensed such property. All rights in this Site as well as its Content are reserved worldwide. It is strictly prohibited to retain, copy, publish, distribute or use any portion of the Content on the site except as expressly allowed in these Terms of Use. ProMediaDesign reserves the right to add to, modify or delete from any part of the Content on this Site at any time without prior notice. The logo design tools which are provided on this Site utilize a limited variety of elements, including fonts, icons, design effects and color schemes. ProMediaDesign reserves the right to use all such elements as well as to make all elements available for use by other parties at any time in the future. Your creation of a logo design and/or the incorporation of a logo design into one or more products by you does not grant you any claim or right to any individual logo design elements. Other ProMediaDesign customers may use the design tools on this site to create logos which may have identical or similar combinations of these elements and ProMediaDesign does not guarantee that the logo you create will not contain similarities to logos which may be designed as well as used by other parties. ProMediaDesign provides no warranty of any type that logo designs that are created utilizing the design tools on this Site will not be infringe upon or be subject to a claim of infringing, the rights or the trademark of any other party. It is solely your own responsibility to obtain advice from an attorney regarding whether any logo design is available for legal use by you and does not infringe upon the rights of another party.

Use of this Site

You are hereby granted permission to access as well as use this Site and the Content on this Site for the sole purpose of preparing, reviewing and ordering services or products solely through ProMediaDesign, hereby referred to as 'Products." No other retention, download, publication, distribution or use of any portion of the Content on this Site is permitted or authorized. By obtaining Products from ProMediaDesign you are not entitled to use any part of Content on this Site other than the finished Products that are supplied by ProMediaDesign. You furthermore agree to use this Site in a manner that is responsible and is in full compliance of such Terms of Use as well as with your local regulations and laws, including import and export regulations.

No part of Content on this Site, without limitation, may be used as a service mark or trademark, or be used for any pornographic use, to defame any person, for any unlawful use or purpose or to violate the rights of publicity or privacy of any person, to infringe on any trade name, copyright, service mark, intellectual property right or trademark of any entity or person. You also agree that you will not use this Site to produce Products which would be deemed to be unlawful, offense, libelous, harassing, obscene, malicious, harmful or objectionable in any other manner. ProMediaDesign retains the right to terminate its service to any customers that are found to be using ProMediaDesign to engage any activities that are undesirable. You are solely responsible for your use of Content with other graphics, text, images or materials that you may incorporate into your Products. You also agree that you will not include any design, image, text, service mark, trademark or any other copyrighted work of any third party in the Products you create unless you have previously obtained appropriate permissions from the rights of the owners.

You also guarantee that your Products will not infringe upon the rights of any third party, including trademark, copyright, right of privacy or publicity and will not defame or libel any third party and that you have all required permissions or rights that are necessary to incorporate third party material into your Products. By placing an order on this Site, you guarantee that you have all authority, right and permission to place the order and that you authorize ProMediaDesign to produce products on your behalf.

You agree that the risk of loss and title for all Products will pass to you at which time that we deliver Products to the shipping carrier. You also agree that the delivery for any Products that are to be provided to you in electronic format shall be deemed to have occurred either at the time that we transmit said Products via electronic communication that is addressed to you or at the time that we transmit a notification to you that the Product is available for download from our Site.

You also agree that you shall indemnify and defend ProMediaDesign and all parties from whom ProMediaDesign has licensed portions of Content and their officers, directors and employees against all claims, damages, liability, costs, expenses and reasonable legal fees and expenses that arise from or are related to your breach of these Terms of Use or any claim, suit or demand that may arise from or are related to any photograph, image, graphic, text or other material you incorporated into Products that was not part of the original Site Content.

THIS SITE AS WELL AS ITS CONTENT ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY TYPE, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRPUTED OR ERROR FREE. REFERANCES AND LINKS TO SERVICES OR PRODUCTS OF INDEPENDENT COMPANIES MAY APPEAR ON THIS SITE. THESE LINKS AND REFERANCES ARE PROVIDED 'AS I' WITHOUT WARRANTY OF ANY KIND, EITHER IMPLIED OR EXPRESSED.

Under no circumstances shall ProMediaDesign or its licensors, vendors, suppliers, their directors, officers, employees or agents be liable for any incidental, special, consequential or indirect damages of any kind or for any damages that may result from data, loss of use or profits whether or not ProMediaDesign has been advised of the possibility of damage that may arise from or in connection with the performance or use of the site or failure to provide services or products that you order from ProMediaDesign or its affiliates, including damages that arise by omission, mistake, delay, virus or interruption of service, without limitation. Under no circumstances shall ProMediaDesign be responsible or liable for any consequences or damages that arise from or are related to your unauthorized or inappropriate use of this Site or its Content.

Methods of Payment

Pro Media Design gladly accepts MasterCard, VISA and Discover.

Delivery of Designs

Initial concepts and designs will typically be delivered within 72 hours or less, not including holidays and weekends. The final delivery of logos may take up to three weeks, based upon the number of revisions that are requested during the design process. Revisions are defined as small changes that are requested by the client. The turnaround time for a revision is typically 48 hours or less, not including holidays and weekends. Once you have approved the design, your order will be submitted for printing. Depending upon the workload, printing may take between three and five business days. Your order will include free ground shipping, which will take between five and seven business days. Your product should be received in approximately two weeks, if there are no designs needed. If you also order a design service, you should receive your order in approximately three to five weeks.

Printing products may be ordered by submitting your own artwork, using artwork from a prior order or by having us design the artwork for you. If you choose a product along with a design service from us we will first need to complete the design process. Please be aware that each printing product has a separate design fee.

We ask that you provide design specifications at the time you place your order. Providing this information will allow us sufficient time to begin the design process. Your initial designs will normally be sent by email, either by link or by attachment, within 72 hours. Once you have received the initial design concepts, please take a moment to review them and then advise us as to which concept you like to proceed with. Please be aware that once you have accepted one of the initial design concepts, refunds will not be available.

We will begin the revision process once you have chosen an initial design. Each time that a revision is requested, we request 48 hours turnaround time to complete the changes requested. Once these changes have been applied to your design, we will send you a new version to review. After you have determined that the design is complete, we will then send out a final artwork for your review. You final review will arrive in a zipped format that will contain jpg, tiff, gif, PDF, ai and psd files. The final website design will be uploaded to your server. In addition, we will also email you all source files within a zipped format.

In the event that you are not satisfied with the work that we provide, you may be able to receive a partial refund.

Refunds for Logo Design

A partial refund may be requested only before any initial designs that we have provided are accepted by you. The amount of the refund will be less the price that you have paid for your logo design order.

Refunds for Website Design

A partial refund may be requested only before any initial designs that we have provided are accepted by you. The amount of the refund will be 75% of the total price for the website design order. This refund will only be for the flat fee priced website design. In the event that you have purchased a database development or custom website, please make sure that you review the order contract for those services.

Refunds for Print Products

Pro Media Design guarantees the highest quality on full color printing with the lowest prices. We will match our competitors pricing for full color printing of comparable quantity and quality.

We know that it is difficult to order print products online and we want to take the worry out of making that purchase, so we provide you with a proof to ensure quality. Please note that we cannot print every color possible with full color printing. We do not color match, but we do offer the print industry's standard phrase of respectable color and make every effort possible to ensure your print product's colors are as close to those that you have provided.

Pro Media Design offers a money back satisfaction guarantee to first time retail customers of print products. This includes business cards, letterhead, post cards and envelopes. If you are not entirely satisfied, we will provide you a full refund on printing cost only. Any products are have a subtotal over 0 are considered to be large orders. It is recommended you first place a small order for this guarantee to be valid prior to making a large order. This way you know what to expect from our products. We will correct errors of improper cutting, color, print shift, print quality or printing delays.