TERMS & CONDITIONS
Yes, you should always read the fine print.
Take a deep breath, grab a snack and get comfortable. While this can get a little
intense boring, and , you should still read it – just so you know what’s what.
BY VISITING WWW.ITSTHEAK.COM, YOU ARE CONSENTING TO THE BELOW TERMS AND CONDITIONS:
The terms “we”, “us” and “our” refer to ITSTHEAK. ITSTHEAK is operated by Blue Crater, LLC. The term “site” or “sites” refers to www.itstheak.com and all other sites, accounts and profiles connected with ITSTHEAK. The terms “user”, “you” and “your” refer to the site’s visitors, readers, customers, clients and any other user of the site. ITSTHEAK provides services in Web Design, Website Hosting, Website Hosting and Maintenance, Graphic Design, Logo Design, Branding, Consulting, Brainstorming, Printing, Video Production, Video Editing and Photography – hereby collectively referred to as “service” or “services”. By visiting our site and/or purchasing something from us, you are engaging in our “service” or “services”.
TERMS & CONDITIONS
The use of www.itstheak.com, including all presented materials and all online services provided by ITSTHEAK are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, readers, customers, clients and all other users of the site. By using the site or any number of the services, you agree that you’ve read and understand these Terms and Conditions, without modification, and agree to be bound by them.
USE OF SITE AND SERVICE
You must be 18 years of age or older to access or use this site. You must have the authority and power to enter into these Terms and Conditions. Children under the age of 18 are not allowed to use the site. Any information provided on the site and relating to all services and any other information are subject to change. ITSTHEAK makes no representation or warranty that the information provided, regardless of the source (the “content”), is accurate, complete, reliable, current or error-free. ITSTHEAK renounces all liability for any inaccuracy, error or incompleteness in the content found on the site.
You may use the site and any service for lawful purposes only. You agree that you are financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only. You shall not post or transmit through the site any material which violates or infringes the rights of others, is copyrighted by someone other than you, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE/RIGHT OF WITHDRAWAL
All services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until we have received full payment and have started working on your project. We may at any time change or discontinue any aspect or feature of the site or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment and start of work. Our discovery of new information, changes or other factors tending to circumvent our policies and Terms and Conditions could result in our withdrawal. Noncooperation, changes of timeline or scope of work, disrespectful or ugly behavior, missed appointments or late payments are all examples of contributing factors. If we initiate the withdrawal process, all fees and deposits will be returned, except fair market value for all services and/or products already provided – at our current hourly rate, rounded to the next half hour.
ABANDONMENT OF PROJECT
If you do not send all the information we need to complete your order within five (5) days (unless otherwise agreed upon in writing), you will lose priority service. Your order does not officially go into queue until you have ordered, sent information and received a follow-up email.
If you fail to respond to us for a period of fourteen (14) days or more (unless otherwise agreed upon in writing), any project or service is considered abandoned and is closed. If that happens, we reserve the right to keep all payments made and bill you for all extra work completed up until that point. If you wish to re-open an abandoned project, a new agreement and/or order will be required and will be subject to current pricing at that time. We do not archive abandoned/closed project files.
You should receive a receipt via email to confirm payment for any order, subscription or service. If you do not receive a receipt via email, it is your responsibility to inform us as soon as possible. If you’ve signed up for a subscription, your subscription will renew automatically and your credit or debit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period, at any time. Your subscription will start as soon as your credit or debit card is successfully charged. If you have submitted a retainer fee, down payment, deposit or payment in full for a service, ITSTHEAK has the exclusive right to deny service if deemed necessary, without any reason for doing so. If service is denied, a refund will be provided in full.
REFUNDS, RETURNS & CANCELLATIONS
Web Design: Retainer fees and/or deposits are non-refundable, even if dates are changed or project becomes cancelled for any reason. You agree that if your website project is cancelled after the retainer fee and/or deposit is made, or if your website is not complete within thirty (30) days of paying the retainer fee and/or deposit, we will terminate this agreement and not design your website, with a loss of the retainer fee by you and no liability to us. Once remaining balance is paid, however, no refunds will be given and this agreement will remain valid.
Subscriptions: If you’d like to cancel any subscriptions, you may unsubscribe within your PayPal account, and you will not be charged effective the following billing period. No refunds will be given for past months.
Digital Products and/or Digital Designs: All digital product sales are final due to the nature of customized, downloadable files and your permanent access to them once they’ve been delivered. (Digital Products and/or Digital Designs includes logo designs, business cards, flyers, social media kits, social media graphics, Instagram stories, packaging design, box design, bundle wraps, hang tags and the-like.) This includes all instant download products.
Premade & Custom Logos: If you decide to cancel your order after we’ve started customizing and/or creating your design, no refund will be given, under no circumstances. *If you order a Vector Fill Add On, no refunds will be given once order has been placed. All sales are final.
Printed Products: If you decide to cancel a print order after the design process has started, but BEFORE the printing process has started – we will only refund up to 40% of your total order to cover the cost of all the setup and design work. If the printing process has already stated – no refund will be given, under no circumstances. There are no returns, reprints or full refunds given. Please double check your proofs, designs and orders for typos and/or errors and be aware of this policy before ordering.
Brainstorming Sessions/Live Chat Consultations: No refunds will be given once the brainstorming process has already started or once the consultation has been booked. All sales are final.
Pre-Orders: Pre-ordered items are 100% refundable up and until the product delivery date.
With any service that is purchased, we reserve the right to cancel if you do not respond to us within fourteen (14) days.
Please read the full Refund Policy for more details.
All printed items are shipped 14-21 business days. Business days means holidays and/or weekends not included. Remember this is only an estimate. ***SOMETIMES ORDERS CAN TAKE LONGER DEPENDING ON DEMAND AND/OR IF YOU MAKE ORDER/DESIGN CHANGES.*** I cannot guarantee a certain delivery date or time frame for delivery for any product, design or order. For orders with a deadline, please order well in advance.
When ordering prints, you are aware that color dyes may fade or discolor over time due to the inherent qualities of dyes and you release me from any liability for any claims whatsoever based upon fading or discoloration. Be advised that image color and brightness may vary greatly from monitor to monitor. Inspect proofs/designs/images carefully – once images and prints are ordered – ALL SALES ARE FINAL. Please be aware that industry standards allow a potential shift in product of 1/16″-1/8″ of an inch with card, paper or printed label items. So sometimes your printed item may NOT be perfectly centered. We typically over run your order to make up for this as most printing companies do as well, but please be advised if you are ordering a printed item. The industry standards allows for a slight variation in print colors. These variations are common and depends on a variety of factors including type of paper, finish, texture, etc. You release me from any liability for any claims whatsoever based upon print color variations, fading or discoloration or printed text or graphics not being perfectly centered.
Our premade designs can be semi-customized for your brand. We will add your logo, change colors, text, info, etc. The overall layouts will stay the same. You may use your premade design for all print and web-based purposes. Our premade designs will be relisted and made available for others to customize and purchase. This means they are not fully custom designs and are not unique to you. You cannot claim copyright to any premade design, as they will be relisted and made available for others to customize and purchase. Source files are not for sale.
While some designs you see on my social media accounts are not premade, you must assume all designs on my website are premade and that you are purchasing a premade design. Even if you request something specific when ordering and I accept – you are still purchasing a premade design that will be made available to others to purchase and customize.
You are allowed one (1) complimentary round of revisions per design to request minor changes, such as colors, typos, etc. Any additional minor revision will come with an additional charge. Prices for extra revisions vary, depending on the design and complexity of changes requested.
Major revisions, such as design changes or additional concepts, will cost more.
We specialize in premade designs. The design you see/order is the design you will receive. There are no suprises. If you don’t like the design you see, do not order. Bee 100% confident about your purchase.
Your complimentary round of revision expires after order your is closed. It does not roll over. You cannot save it for a later date.
Double check your previews, designs and orders for typos, errors, etc. There will be an additional fees to fix any mistakes after order is closed.
While we strive to describe the service as accurately as possible, please do not assume that the site is completely accurate, current or error-free. Sometimes we don’t get enough sleep and mistakes happen. We’re human. With that said, we reserve the right to refuse or cancel any order with incorrect information and/or incorrect price listing.
MISCELLANEOUS (if applicable)
We have made every effort to display as accurately as possible the colors and images in our descriptions of products and services. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services or products that we offer. All descriptions of services, products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service or product at any time. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the services or products will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by other designers, dealers, resellers, outsourcers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that you are financially responsible for all purchases made by you or someone acting on your behalf through our site.
A refund will be automatically issued with 48 hours of ordering if you do not fill out your information accurately and properly. This includes your name, business name, billing address, shipping address, email address and phone number. Your billing and shipping addresses must match. No commercial addresses allowed. The names must match. P.O. boxes are not accepted. You must use your real name. No nicknames are allowed. All items must be filled in and accurate. If any are left blank, or are not properly filled in, a refund will be issued within 48 hours and you will no longer be able to order from my website (as you will be flagged as “potentially fraudulent”).
You are liable for any chargebacks and these represent a debt immediately payable from you to us. You are solely liable for the full amount of all chargebacks plus any associated fees, fines, expenses or penalties. ITSTHEAK may recover these amounts by debiting your account or setting off any amount owed by you. You agree to cooperate and provide all information requests for the purposes of investigating, contesting and/or resolving a chargeback. We will send such requests to the email address you provided for your order. You must provide a full response to the request within five (5) days. If you do not respond within five (5) days, you will no longer have permission to use your designs, products and/or services provided for the transaction and/or order in dispute. This means you can no longer use your design, even if it was custom made, and we have the right to resell as a premade design.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
You shall not upload, post or otherwise make available on the site or in any emails relating to any order you place on the site any artwork, photos or other materials (collectively “materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such a submission and shall indemnify ITSTHEAK from any claim against us resulting from your posting of materials to the site or emailing them in relation to any order you place on this site. For all materials submitted by you to the site or by email relating to any order placed on this site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations or rights of third parties. We reserve the right to remove from the site any materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS
We claim no intellectual property rights over the material you supply to ITSTHEAK. You retain copyright and any other rights you may rightfully hold in any content that you submit through the site or service. Content you submit to us remains yours to the extent that you have any legal claims therein. You guarantee that all elements of text, images or other artwork or content you provide are either owned by you, or that you have permission to use them. When you provide text, images or other content to us, you agree to protect ITSTHEAK from any claim by a third party that we’re using their intellectual property. You agree to hold us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the site, or any related or connected sites, or sending any material to us through any other mediums, you grant us a worldwide, nonexclusive, irrevocable license to use and distribute the material in connection with ITSTHEAK and any related ITSTHEAK site or publication for promotional, business development and marketing purposes.
OUR INTELLECTUAL PROPERTY
All content provided on the site and in the service, including all products, services, photos, videos and written material are the intellectual property of ITSTHEAK. The content of the site and service are protected by United States trademark, trade dress and copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the site, service, content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the service, without refund, if you are caught violating this intellectual property policy.
There are a lot of ideas, suggestions and recommendations found on the site. Some of the links to these suggestions are just regular ole links. However, some of these links are links that, if you click them and make a purchase, we may or may not receive a commission in exchange – because that’s how the world works now. And yes, we will only recommend things we actually like, recommend and (most likely) use ourselves! It’s just – why not get paid for saving you time and money, and recommending an awesome company, service or product?!
OTHER LEGAL STUFF
We are human. In the event we are not able to provide service on scheduled dates, times and/or timelines due to other causes beyond control – including, but not limited to: fire or other casualty, illness or other emergencies – you will receive full refund and we will have no further liability with respect to your project. We can’t guarantee our work will be error-free and can’t be liable to you or any third-party for damages, including lost profits, lost data or content, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Nor can we guarantee the salability or marketability of the design(s) and/or any advice given. Any added requests from you may result in added time and/or costs for service and project completion. We are allowed to use third party’s as independent contractors in connection with any and all services.
DISPLAYING OUR WORK
We love to show off our work and reserve the right to display all aspects of our work, including clips, work-in-progress designs and completed projects and services in our portfolio, articles, on our sites and all other medias and connected sites and social media accounts. You agree that the work delivered and services provided will be of a similar style and caliber to those samples on our site, blog and connected sites, and that we will have complete creative control during the work, design and project completion process.
We may at any time make amendments to these Terms and Conditions. Such amendments are effective immediately upon us posting the new Terms and Conditions on this site. Any use of the site or service by you means you accept and agree to be bound by these amendments. We reserve the right to update any portion of our site and service, including these Terms and Conditions at any time. We will post the most recent versions to the site and list the date at the bottom of our Terms and Conditions page.
LIMITATION OF LIABILITY
You agree that we, under no circumstances, shall not be liable for direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising out of your use of the site or service. Additionally, we are not liable for damages in connection with (a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (b) loss of revenue, anticipated profits, business, savings, goodwill or data; and (c) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort or any other theory of legal liability. The applies even if ITSTHEAK has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the service you have purchased from us, and if no purchase has been made by you, our cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The site and the service contain links to third party web pages and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party web pages or resources. Links to such web pages or resources do not imply any endorsement by or affiliation with ITSTHEAK. You acknowledge sole responsibility for and assume all risk arising from your use of any such web pages or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the site or service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this agreement by ITSTHEAK shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ITSTHEAK.
All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:
ITSTHEAK, 3916 N. POTSDAM AVE, PMB 3438, SIOUX FALLS, SD 57104
You, and we, agree to resolve any disputes by negotiation. If we are unable to negotiate, either of us may begin mediation and/or arbitration in our home state. Arbitration must take place in the jurisdiction closest to our office. The award in any arbitration should not exceed the total price of the service you purchased. Either party may refuse arbitration when the dispute is for the sum less than $300. Any legal fees we incur as a result of your prosecution will be paid by you.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated January 2020.
WEBSITE HOSTING & MAINTENANCE
WEBSITE HOSTING ONLY PLAN
By subscribing to our optional hosting only plan, you agree to the following: (a) Web hosting services is the only thing included in the hosting only plan for one (1) website. This does not include monthly updates of your CMS (WordPress, including any third-party plugins), monthly backups of your website and database files, domain name registration, DNS service, email hosting and services, and custom changes to your website. (b) You agree to an initial one (1) year term of service (“hosting term”). (c) Your subscription will automatically renew for consecutive one (1) year hosting terms unless canceled in writing at least 30 days prior to the end of your current hosting term. Renewal fees for the following hosting term will be automatically invoiced to your account. (c) All invoices are payable within five (5) days of receipt. No hosting services will be performed if account is overdue. Your website will be shut down and not accessible via the internet if your account is more than fourteen (14) days overdue. Your website will be permanently removed from our servers and not recoverable if your account is more than thirty (30) days overdue. (d) You authorize ITSTHEAK to access your web hosting account, providing active user name and password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider. (e) We retain the right to describe our role in the project on our site and in other promotional and marketing materials. (f) In no event shall we be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by us, even if we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. (g) We cannot guarantee 100% uptime. (h) The hosting plan may be terminated at any time by either party effective immediately upon thirty (30) days notice, in writing, or the mutual agreement of the parties, or if any party: becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or. breaches any of its material responsibilities or obligations under this agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach. (i) In the event of termination, we shall be compensated for the services performed through the date of termination in the amount of (1) any advance payment, (2) a prorated portion of the fees due, or (3) hourly fees for work performed by us or our agents as of the date of termination, whichever is greater; and you shall pay all expenses, fees, out of pockets together with any additional costs incurred through and up to, the date of cancellation.