Terms & Conditions
PRODUCTION & TURNAROUND and ORDER ACCEPTANCE
USE of CLIENT PROJECTS IN ADVERTISING and MARKETING EFFORTS
PLACING ORDERS
By placing an order with Audex Lab, Audex Lab Designs, AudexLab.com, or any of the other names that you may know us by that are represented by this web site (hereinafter referred to as Audex Lab) you (the client) agree to be bound by the following terms and conditions. Please make sure you have read all of the policies and terms before placing an order. The client also agrees to hold Audex Lab harmless for any misrepresentation or failure to perform or deliver any project submitted by client. Prices subject to change without notice. Audex Lab reserve the right to correct errors.
Some work may not be accepted in the sole discretion of Audex Lab. Work not accepted would be work that is considered either vulgar, inappropriate, distasteful, or offensive in the sole discretion of Audex Lab. Any work that attacks or demeans an individual, race, religion, group, etc. in the sole discretion of Audex Lab will not be accepted. A job is not considered accepted until this measure and others not specifically stated herein have been applied by Audex Lab. Personal or economic rights: The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The client will, at the client's sole expense, promptly and thoroughly defend Audex Lab in all legal actions on these grounds in a manner acceptable to Audex Lab as long as Audex Lab notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. Audex Lab reserves the right to use sole discretion in refusing to print anything deemed illegal, libelous, scandalous, improper or infringing upon copyright law.
PRODUCTION & TURNAROUND and ORDER ACCEPTANCE
Audex Lab's production time begins ONLY after payment and an order has been "received" and successfully completed Audex Lab initial review. Orders are considered "received" or "accepted" by Audex Lab and are put into production ONLY when the following five conditions have been met:
(1) a WORK ORDER has been completely filled out by Audex Lab's staff that accurately describes your project and proper pricing of the product ordered has been verified. Audex Lab reserves the right to correct prices stated in error by the website or personnel, etc. of Audex Lab. (2) all files have been correctly submitted. (3) the client has approved the online proof and has sent the online approval form to proceed with production and thereby agreeing to Audex Lab's terms and conditions. (4) Audex Lab will review the content of the project if necessary to see if it conforms to standards as described in paragraphs 2 and 3 above. (5) payment has been made and cleared.
Turnaround Times. Audex Lab will try to produce all projects in an expedient manner. In some cases Audex Lab may fail to meet quoted or specified turnaround times on a project. Audex Lab will not be responsible for failure to meet the quoted or specified turnaround time. If your project is of a time sensitive nature, please specify that with your order and Audex Lab will try and expedite your order. Additional fees may incur.
After the initial order is placed and your files have been successfully either uploaded, emailed, etc., a Audex Lab representative will contact you about your project. Audex Lab is NOT RESPONSIBLE for items that would prevent the file from being CORRECTLY printed such as missing files, resolution, color mode, missing fonts and images, proper bleed, etc. It is also your responsibility to check backup and pagination of files, size and trim, folds, and scoring. Please check the proof returned for your approval very carefully. You will only receive 4 proofs. There will be a charge (search *Proof* on Audex Lab's site for pricing) for up to 4 additional proofs. You are responsible to detect errors in the file prior to giving your approval to proceed. If a new proof is necessary after one complimentary re-proof due to client error there is a minimum charge of $10 for re-trapping, ripping the file and generating a new one. There will not be a charge on your first cycle of changes, only changes made after the first cycle. There is no charge if the error is the responsibility of Audex Lab. Once an order has been started/under Processing, Audex Lab will accept any cancellations. There are also no refunds or returns unless Audex Lab is at fault. Please see SHIPPING POLICY for shipping related issues.
Please note that your monitor's calibration affects what you see on your screen. The colors on the printed project may differ from what you see on your screen. Proofs are meant only as a general representation of the color on final printed project, but they do accurately show type treatment, trim marks, trapping, etc. Please review these carefully. If this is a re-print of an old order please keep in mind that Audex Lab DOES NOT GUARANTEE COLOR MATCHING to a previously printed project or proof. Even if a proof is supplied by Audex Lab, Audex Lab does not guarantee to match it. The proof is for reference only. Color will be similar but it may not match the final printed piece. Audex Lab does not guarantee color in any way.
Although Audex Lab will rarely miss production schedules, the printing and pre-press process involves equipment which is subject to malfunctions and equipment failure. Audex Lab will always do everything within Audex Lab's power to make sure that any production problems do not delay your job. However, please note that all production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at Audex Lab can change that. Please try to plan date sensitive materials with time to spare. Audex Lab WILL NOT incur additional cost to meet your deadline even if Audex Lab fails to finish production at the stated or anticipated time.
Audex Lab will ONLY send the finished prints or project files. Audex Lab WILL NOT give access to, send or release files related or leading to how the work was created such as layered files, page scripting or music tracks.
Audex Lab DOES NOT HOLD open orders or projects for longer than 7 days. Any project or order that has been “On Hold” for longer than 7 days will be closed and there will be no refunds. Audex Lab will attempt to contact you at least 3 times via email and/or by phone to complete your project or order, so please update your contact information on your account if there are any changes.
SHIPPING POLICY
Most of Audex Lab's projects are shipped via a common carrier. Audex Lab does not guarantee shipping times. If there's an issue or error by Audex Lab with shipped items, it will be the responsibility of the client to return the items in the condition they were received at the client's expense and Audex Lab will correct/replace the items and reship them at Audex Lab's expense. The client is responsible to let Audex Lab know immediately of any damages so that Audex Lab can file a claim with the common carrier.
LAYOUT & DESIGN
The client must adhere to Audex Lab's layout specifications. Files that do not follow Audex Lab's instructions may delay your job and incur extra charges. If the client employs the services of a third party designer make sure that all file submission specifications are understood and followed. None of Audex Lab's services include proofreading or editing text. Audex Lab is not responsible for projects that are completed and released to the client or the client's representative with grammatical errors. The client may contact a client representative at Audex Lab with any questions the client may have regarding format and submission specifications.
In the unlikely event that an error has occurred during the production of a particular job, Audex Lab must be promptly notified of the problem. A determination will then be made by Audex Lab whether the defect is of such a nature as to qualify for a discount or reprint. There will be absolutely no discounts, refunds or re-prints if Audex Lab is not notified of such defect within 10 days from the date that a job is shipped to a client.
PAYMENTS
Audex Lab accepts PayPal, Visa, MasterCard, American Express and Discover. Company checks and personal checks may also be accepted but your project will be delayed while the check clears unless other arrangements have been made in advance. Once an order has been received, under processing and/or reviewed by Audex Lab, refunds are not allowed. Although Audex Lab does archive files for re-orders, please retain a back-up copy of your files. Audex Lab DOES NOT guarantee that any submitted files will be saved.
SUBSCRIPTIONS PLANS
Automatic Recurring Subscription Plan. You authorize Audex Lab, to deduct the charge based on your subscription plan, the funds at the then current rate of the subscription plan from your PayPal or credit card account.
Automatic Recurring Subscription Plan Billing Cycle. The subscription plan fee for Audex Lab service will be billed at the beginning of the paying portion of your subscription plan and continue until you cancel your subscription plan. Audex Lab will automatically bill your PayPal or credit card account according to the subscription plan term. For monthly and annual subscription plans, your payment is expected one day prior to the date of the previous month or year for example, if you started your Audex Lab subscription plan on September 15th, your next payment date is likely to be October 14th of the following month for monthly subscription plan plans and September 14th of the following year for annual subscription plan plans. Funds must be available in your PayPal or credit card account at least 3 days prior. Visit Audex Lab's website and click on the "View Your Order History" link on the "Your Account" page to see the commencement date of your subscription plan or go to your PayPal or credit card account's payment history. If your payment is declined, unsuccessfully or you choose to cancel, your subscription plan will end immediately with no further action needed from you and all related services which includes webpages, websites, email accounts, and etc. will be permanently deleted.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PLAN PERIODS.
Cancellation. You may cancel your Audex Lab subscription plan at any time and your subscription plan will continue through the end of your current billing period unless otherwise directed by you. To cancel, go to your Audex Lab and follow the instructions for cancellation or email Audex Lab at webmaster@audexlab.com.
DOMAIN NAMES / WEB ADDRESSES
Domain Name/Web Address Registration. Any and all domain names that
are advertised as included or for free and/or are affiliated with Audex
Lab's products or services, are transferred to or purchased by Audex Lab are
the property of Audex Lab, but maybe purchased from and released by Audex
Lab at Audex Lab's discretion. Please contact Audex Lab at any point in
which you would like to obtain a domain name that Audex Lab has acquired and
has sole proprietorship of.
LIABILITY
Disclaimer of Express Warranties: Audex Lab warrants that the work is as described in the email or online approval sent to the client. The client understands that all sketches, copy, dummies, files and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. Disclaimer of Implied Warranties: Audex Lab warrants only that the work will conform to the description contained in the email or online approval sent to the client. Audex Lab's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Audex Lab be liable for specific, individual, consequential, or other damages.
For Media Transfers, Editing and Conversion, (i.e. cassettes, VHS tapes, CDs, DVDs and etc.) music, sound, video and alike: By submitting material to Audex Lab, the client agrees that the liability of Audex Lab, its agents and employees, for any losses or damages of any kind or nature to the client’s film or tape, or other material, is limited to the cost of replacing such material with blank media. Client also agrees that AudexLab.com, its agents and employees, shall not be otherwise liable to the client for any loss or damage of any kind or nature, whether direct, incidental, consequential, or otherwise. Client declares that all materials submitted to AudexLab.com for transfer or other reproduction, are not in violation of any copyright laws. Client will indemnify and hold AudexLab.com harmless in respect to any claim of violation of such laws. The materials submitted were either created by client or client has the permission of the copyright owner to duplicate them. If the client does not own the copyright, it is illegal to make copies and the orders will be returned unprocessed at clients cost. Submitted content will not be enhanced or modified unless requested by the client. The client will be held responsible for any fees and penalties charged to Audex Lab related to submitting any copywritten material.
INDEMNIFICATION
The client agrees to protect Audex Lab from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold Audex Lab harmless and save, indemnify, and otherwise defend Audex Lab against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
COPYRIGHTS
The client also warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold Audex Lab harmless for all liability, damages, legal and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. The client is responsible for any designed and/or printed material that may include or be a part of copyrighted material by a third party. All copyrights and trademarks and any proprietary material will be the responsibility of the client and Audex Lab will not be held responsible for any claims on any and all grounds.
USE of CLIENT PROJECTS IN ADVERTISING and MARKETING EFFORTS
From time to time Audex Lab may use the artwork or completed project or any part there of in an effort to show Audex Lab work to prospective and current clients. Audex Lab reserves the right to modify your project to suit Audex Lab specific need. This may be done on Audex Lab websites, direct mail material, brochures, cards, flyers, and/or by providing actual samples. Audex Lab does not intend to suggest that Audex Lab has the right to sell your work, Audex Lab will only showing samples of Audex Lab capabilities to prospective and current clients. Audex Lab will never charge any party for these items or samples, nor will the client receive any compensation for their use. If you do not want your project to be used or highlighted in this way then you must tell Audex Lab clearly in written form when you submit your order. Audex Lab will respond to your request by email or letter. If you do not receive a written response to your instructions then Audex Lab did not receive your request and you can expect that Audex Lab will use your project. In any case if Audex Lab inadvertently or mistakenly use your materials for this purpose then you agree to hold Audex Lab harmless against any claims made due to its use. It is Audex Lab intent to follow your instructions accurately.
RESTRICTIONS ON RIGHTS TO USE
Audex lab and all
associated designers are not "Work For Hire" designers/artists.
Therefore all designs and artwork by Audex Lab are not "royalty-free". Audex Lab reserve the right, by default, to decide who can use, copy, or reproduce artwork and/or designs by Audex Lab and it's associated designers/artists.
You agree you shall not and will not to allow any other individual or entity using your password and identification to: download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of Audex Lab designs and/or artwork or this Site‚ except and to the extent expressly permitted under these Terms:
- remove any copyright‚ trademark or other proprietary rights notice contained in or on Audex Lab or this Site;
- use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of Audex Lab or this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
- submit to Audex Lab or this Site any content that falsely states or implies that such content is sponsored or endorsed by Audex Lab;
- transmit or upload to Audex Lab or this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of Audex Lab or this Site‚ any other Website‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
- copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
- take any action that imposes‚ or may impose‚ in Audex Lab's sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
Audex Lab has no obligation to monitor any user conduct on this Site, and Audex Lab reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
TAXES
All amounts due for taxes and assessments will be added to the client's invoice as directed by the state of Texas and are the responsibility of the client if the client receives the products and/or services in the state of Texas. If, after the client has paid the invoice, it is determined that more tax is due, then the client agrees to promptly remit the required taxes to the taxing authority, or immediately reimburse Audex Lab for any additional taxes paid. The client agrees to pay all taxes due in their home state and also pay any claims made by your home state against Audex Lab in connection with work performed on your behalf. Audex Lab encourages you to inquire with your state comptroller about tax liability.
LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Audex Lab's sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Audex Lab applicable returns and exchanges policies. IN NO EVENT SHALL AUDEX LAB OR AUDEX LAB RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL AUDEXLAB AND AUDEX LAB RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE AUDEX LAB OR AUDEX LAB RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
REMEDIES
You agree that Audex Lab's remedy at law for any actual or threatened breach of these Terms would be inadequate and that Audex Lab shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Audex Lab may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
MODIFICATIONS TO SERVICE
Audex Lab reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
COMMUNICATION
By submitting your contact information to Audex Lab, you are giving your consent for
Audex Lab to contact you by phone and/or text message (SMS) regarding your
project and/or the service/s
Audex Lab provides
for you. We may also send you a text to advise that you need to contact Audex
Lab or to Discuss and/or Approve your project.
The SMS service should not be solely relied upon, as the responsibility of cancelling
any services still rests with you.
Audex Lab's
text messages are generated using a secure facility but they are transmitted over a public network on to a personal telephone and as such may not be secure.
You may withdraw consent to receive SMS messages at any time by replying "STOP".
MISCELLANEOUS
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Audex Lab in any respect whatsoever. Audex Lab may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and Audex Lab regarding use of this Site. Audex Lab's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sub licensable by you‚ except with Audex Lab's prior written consent.
DISPUTES
In the case of a dispute or legal action both parties (the client and Audex Lab) agree that any action will be filed and litigated in Williamson County, Texas. The client also agrees to arbitration rather than legal action through the courts. The client agrees to have Audex Lab provide an arbitrator acceptable to both parties.
Standard Terms and Conditions Between Audex Lab and Client rev. 3/23/23
FAQ
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Please included the Order ID, Trans ID, or the name of the project you used when placing your order.