Terms

AGREEMENT CONTRACT AND TERMS
 
HJ Design, Inc. is a full-service advertising, marketing firm specializing in sales and marketing leads, materials and business solutions. We understand that from time to time you may engage HJ Design, inc. for any of these services. HJ Design will provide these services on an as-requested basis with the following terms. This contract supersedes and replaces all previous understandings, agreements or contracts, written or verbal.
 
Acceptance:  In the event the customer requests the services of HJ Design they are deemed to be in agreement with the terms set forth and without modifications. Any responds to a project or other form of verbal or written acceptance such acceptance shall be deemed to be in agreement with the terms set forth and without modifications.
 
Signatures: Facsimile, email signatures, emails or verbal instructions or project requests, shall be considered originals in the execution of this agreement. Facsimile, email and verbal approval or direction by (Client) client employees or partner(s) is liable to all of the conditions of this contract.                      
 
Limitation of Damages:  In no event shall HJ Design, Inc. be responsible to the customer or any third party for any damages and the customer assumes full responsibility and hereby releases HJ Design, Inc.
 
Disclaimers of Warranties: HJ Design, Inc. provides goods and services without warranty or guarantee. HJ Design does not express, implied, and disclaims any warranty or merchantability or fitness for a particular purpose or demographic.
 
Responsibility: Customer releases HJ Design, Inc. from any responsibility and liability for circumstances brought on or directly concerning usage copyright, trademarks or content of commercials, talent, stock photography or manipulation thereof, photography scans, video, audio proofing, printing, downloading of files and their end use, and customer’s breach of terms with any vendor or company.
 
Internet: Do not transmit confidential information or any information you do not want released to the general public through email, websites or hosting. HJ Design in no way responsible for information security any websites created are for public viewing and that websites may not be secure. Site contains services, products and links to resources on the Internet. Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. This web site contains advertising and prior results do not guarantee a similar outcome. In some jurisdictions this site may be considered advertising. Website and links are not reviewed, controlled or examined by our Webmaster or hosting facility. They are not responsible for the information, advertising, products, resources, performance of any product represented, services rendered, other materials or services represented or content of this site or any other marketing or advertising. Site webmaster, hosting facility or any other third party, disclaims all liability in respect to any performance of any product represented, services rendered. registered trademark, trade name, logo, legal, official seal, copyrighted symbol, copyright trademark actions, or lack thereof based on this website or any third-party site. The website creator, hosting company. sponsors, or any other vendors, are affiliated or associated with this site are not legally liable for links provided on this website. In addition, please be aware that use of any linked site is subject to the terms and conditions applicable to that site.
 
Payment and Fees:  All amounts are due and payable upon receipt of invoice unless otherwise stated on the invoice.  All first orders are C.O.D.  The foregoing payment terms are not subject to change for any reason.  Amounts overdue by 10 days or more will accrue interest at the lesser of 2.5% per month or the highest rate permitted by law.  HJ Design, Inc. is authorized to charge the amount due to your account or credit card on file without further authorization. HJ Design, Inc. may convert any account to COD without notice to the customer.
 
Time of Performance: Unless otherwise specifically stated in the contract, HJ Design, Inc. will complete the services or provide the products in the regular course of business, subject to Acts of God and unavailability of materials.
 
Use of Artwork or Production: The work performed by HJ Design, Inc. is for inspection only.  The customer may not use the files, art or products provided by or through HJ Design, Inc. in any manner whatsoever until the invoice for generating such files, artwork or products are paid in full.  Regardless of delivery or payment, all files, artwork or products generated by HJ Design, Inc. are controlled and owned and copyrighted by HJ Design, Inc.  The files, artwork or products cannot be output or reproduced in any way, including copy reproductions, sketches, website, mock-ups, specialty items, emails, internet usage, marketing, marketing materials, etc. except in accordance with the terms hereof.  This provision cannot be waived unless approved in writing by HJ Design, Inc. any information provided by HJ Design is confidential; therefore, reader agrees not to disclose it without the express written permission of the owner of HJ Design, Inc. It is acknowledged by reader that any information, concepts or ideas that is furnished are considered in all respects intellectual property and are confidential in nature and are protected by copyright law. All art may be used at any time for HJ Design, Inc.’s marketing purposes.
 
PURCHASING/VENDORS/ Tax ID #7166210
To receive Payment you agree to include our Po Number on your submitted invoice. The company provided purchase order must match billing if there are ANY discrepancies call with in 2 hours. HJ Design. Inc. These terms and conditions and the documents referred to herein govern all Purchase Orders ("Orders") issued by HJ Design to the Supplier identified on each Order. Fulfillment of any part of an Order, or any other conduct by Supplier which recognizes the existence of a contract pertaining to the subject matter of such Order, shall constitute acceptance by Supplier of such Order and all of the terms and conditions included or referenced in this contract. Supplier shall be conclusively presumed to have waived Supplier's right to receive payment for products or services covered by any Order if Supplier has not submitted an invoice for the products or services within three (3) months of the date of the Order.HJ Design, the advertiser or any other third parties involved are not liable and have no obligations or responsible for any services or work performed. Any execution or performance of services is considered an acceptance of these terms and conditions. Acceptance of  HJ design purchase order (PO) is expressly conditioned on the terms of this PO. In the event the vendor does not accept the terms of this PO the vendor must send notice of rejection in writing to HJ Design and terminate any orders. Vendors are not approved to perform any tasks unless agreement is in full with the accordance of this contract. All deliveries should be made between 8:00 am and 5:00 pm. All deliveries should include a packing slip showing content and a PO #. No limitation of the liability of the vendor will be accepted.
 
Termination: Either party may terminate this contract at any time, by notice to the other party in writing.  In the event of early termination by HJ Design, Inc., the customer shall pay to HJ Design, Inc. an amount equal to all costs incurred in preparation for or in performance of this contract.  In the event of early termination by the customer, the customer shall pay to HJ Design, Inc. an amount equal to all costs incurred in preparation for or in the performance of this contract and all profit, which HJ Design, Inc. would have earned, by performance of this contract.  Upon termination, HJ Design, Inc. shall invoice the customer for the amount due.
 
Arbitration: A material part of this contract is the agreement to arbitrate any disputes. Any and all disputes related to this contract, including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in Kansas City, Missouri pursuant to the Commercial Arbitration Rules of the American Arbitration Association.  Judgment upon any arbitration decision rendered may be entered in the highest court having jurisdiction.  The interpretation of this contract shall be governed by the laws of the state of Missouri.  The customer or 3rd party shall reimburse HJ Design, Inc. for all costs related to the arbitration, including, without limitation, legal fees, filing fees, plus interest as provided above.
 
Indemnification:
You agree to defend, indemnify, and hold HJ Design, Inc. harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms. HJ Design is not responsible for any Internet or 3rd party lawsuits. In the event this agreement is broken by the vendor or client HJ Design, Inc. may pursue any and all lost revenue and or expenses as a result of this violation of this terms set forth.