Disclaimer / Terms & Conditions

Disclaimer / Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by PoolTattooz, LLC and in the event of any dispute. All work is carried out by PoolTattooz, LLC on the understanding that the client has agreed to our terms and conditions. Copyright is retained by PoolTattooz, LLC on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of PoolTattooz, LLC, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, PoolTattooz, LLC can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the PoolTattooz, LLC website. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

Design Charges

Charges for design services to be provided by PoolTattooz, LLC will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 100% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Source Files

We will supply proof or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

Payments may be made by American Express, ApplePay, Discover, Meta, MasterCard, PayPal, Venmo and Visa.

 

Copyrights and Trademarks

By supplying images, text, or any other data to PoolTattooz, LLC, the customer grants PoolTattooz, LLC permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold PoolTattooz, LLC free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that PoolTattooz, LLC holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing or idea created for the customer by PoolTattooz, LLC, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of PoolTattooz, LLC and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

PoolTattooz, LLC will not be held responsible for any and all damages resulting from such claims. PoolTattooz, LLC is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold PoolTattooz, LLC responsible for any such loss or damage. Any claim against PoolTattooz, LLC shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to PoolTattooz’s definition of acceptable means of supplying data to the company. Text is to be supplied to PoolTattooz, LLC in electronic format as standard text (.txt), MS Word (.docx) via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by PoolTattooz, LLC via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and PoolTattooz, LLC will not be held responsible for any image quality which the client later deems to be unacceptable.

PoolTattooz, LLC cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images

Design Project Duration

Any indication given by Designing Fever of a design project’s duration is to be considered by the customer to be estimation. Designing Fever cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by PoolTattooz, LLC for the initial payment or by date confirmed in writing by PoolTattooz, LLC.

Rights of Refusal

Designing Fever will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. PoolTattooz, LLC also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that PoolTattooz, LLC does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow PoolTattooz, LLC to remove the contravention without hindrance, or penalty. PoolTattooz, LLC is to be held in no way responsible for any such data being included.

Cancellation

In case of no response from the customer/clients end more than a 30 days period or long, then project will be cancelled without any notice or intimation to the client or customer and no amount will be refunded.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. PoolTattooz, LLC reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by PoolTattooz, LLC, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and PoolTattooz, LLC.