The following Terms and Conditions of Service apply to all graphic design, artwork, print and services provided by Datagraphics.com, LLC.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Datagraphics.com reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
All design work is carried out by Datagraphics.com on the understanding that the client has agreed to abide by these terms and conditions.
Acceptance of Quotation and Terms and Conditions
Quotations are valid for a period of 7 days.
The placement of an order for design and/or any other services offered by Datagraphics.com 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 client and Datagraphics.com.
Design Fees & Payment
Fees for design services to be provided by Datagraphics.com, will be set out in the written estimate or quotation that is provided to the client.
At the time of the client's acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.
Work on the project will not commence until Datagraphics.com has received the 50% deposit.
The client will be asked to provide artwork sign-off followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Full payment is required before print/publishing will commence.
Publication and/or release of work done by Datagraphics.com on behalf of the client, may not take place before funds have cleared
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Datagraphics.com shall be considered entitled to remove Datagraphics.com's and/or the client's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Datagraphics.com reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
 Copyrights, Ownership and Trademarks
By supplying text, images and other data to Datagraphics.com for inclusion in the client's brochure / website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
By supplying images, text, or any other data to Datagraphics.com, the client grants Datagraphics.com permission to use this material freely in the pursuit of the design and to utilize the designs in Datagraphics.com's portfolio unless agreed otherwise.
Should Datagraphics.com, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Datagraphics.com to remove and/or replace the file.
The client agrees to fully indemnify and hold Datagraphics.com free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Datagraphics.com may use any Artwork/design for its own promotion and portfolio use
Copyright of all graphic design work is retained by Datagraphics.com including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Datagraphics.com as fulfilling the contract. All other artwork designs remain the property of Datagraphics.com, unless agreed in writing.
 Alterations, Revisions and Supply of Content
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The client also agrees that Datagraphics.com holds no responsibility for any amendments made by any third party, before or after a design is published.
Unless otherwise negotiated or Datagraphics.com's copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Datagraphics.com assumes all written content adheres to copyright laws.
Images are also expected to be supplied before work begins, unless by prior negotiation or if using Datagraphics.com's photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e., logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). Datagraphics.com assumes that all correct permissions have been sought and/or royalties paid for images used.
Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author's revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Data Formats
Text is to be supplied to Datagraphics.com in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Datagraphics.com via flash drive, CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Datagraphics.com will not be held responsible for any image quality which the client later deems to be unacceptable. Datagraphics.com 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.
Design Project Duration
Any indication given by Datagraphics.com of a design project's duration is to be considered by the client to be an estimation. Datagraphics.com 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 of the deposit are received by Datagraphics.com.
 Website Design Only
Once web design is complete, Datagraphics.com will provide the client with the opportunity to review the resulting work and provide the login details for the website. Datagraphics.com will make one set of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Datagraphics.com by e-mail or fax and confirmed by post.
 Design Credits
The client also agrees to allow Datagraphics.com to place all designs on Datagraphics.com's own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Datagraphics.com 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. Datagraphics.com also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Datagraphics.com does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Datagraphics.com to remove the contravention without hindrance, or penalty. Datagraphics.com is to be held in no way responsible for any such data being included.
Cancellation
If a client cancels or alters any order or part order at any time after Datagraphics.com has received the order then Datagraphics.com reserves the right to render additional costs to the date of such cancellation or alteration.
Disclaimer
Datagraphics.com makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Datagraphics.com will not be held responsible for any and all damages resulting from products and/or services it supplies. Datagraphics.com is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Datagraphics.com responsible for any such loss or damage. Any claim against Datagraphics.com shall be limited to the relevant fee(s) paid by the client.
Datagraphics.com reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Datagraphics.com will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Force Majeure
Datagraphics.com shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Datagraphics.com including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Last update: 02/01/2021

We respect your privacy. We will never sell or give away your email address, or your other personal information.
We will only email you about promotions, specials or news that are of interest to you based on your personal preferences.
You may unsubscribe to remove your name and/or other information from our email list or any mailing list at any time by writing to us at [email protected] and including your name, email, birthday and other information you believe is relevant and we will remove you from any such mailing list upon receipt of the request.
Privacy Policy, (the legal stuff) Please read carefully.
This website is owned and operated by Datagraphics.com for your personal use. Your access to and use of this Site is subject to the following privacy policy and terms. We may update this privacy policy at any time without notice to you. The most current version of this policy may be accessed by clicking on the "Privacy Policy" hypertext link on our website. By using this site, you accept, without limitation or qualification, this privacy policy and its terms. If you do NOT agree to this policy and its terms, please do NOT use this Site.
Restrictions on Use
Material from the Site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Datagraphics.com: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Datagraphics.com's intellectual property rights. The material in this Site is provided for lawful purposes only.
Restriction of Liability
Datagraphics.com will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Datagraphics.com will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence by Datagraphics.com, or an authorized Datagraphics.com representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Datagraphics.com total liability for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid to access this Site.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Datagraphics.com through this Site (together, the "Submission") will forever be the property of Datagraphics.com. We will return original photos with your order if applicable. Datagraphics.com will not be required to treat any Submission as confidential. Datagraphics.com will not be liable for any ideas used in its business including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Datagraphics.com operations with such Submissions. Without limitation, Datagraphics.com will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Datagraphics.com will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission when you agree to usage in your initial contract. You acknowledge that you are responsible for whatever material you submit, and you, not Datagraphics.com, will have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Jurisdiction
Except as described otherwise, all materials in the Datagraphics.com Site are made available only to provide information. Datagraphics.com controls and operates this Site from its headquarters in Dallas, Texas, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable state and local laws. This privacy policy and its terms are governed and interpreted under the laws of the State of Texas, United States of America. By using this Site you consent to the jurisdiction of the courts located in Texas for any action arising from this privacy policy and its terms. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of this privacy policy and its terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of Datagraphics.com to act with respect to a breach of this privacy policy and its terms by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.
Disclaimer
The material(s) in this site could include technical inaccuracies or typographical errors. Datagraphics.com may make changes or improvement at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law. Datagraphics.com disclaims all warranties or merchantability and fitness for a particular purpose. Datagraphics.com does not warrant that the functions contained in the material will be uninterrupted or error free, that defects will be corrected, that any data or information you submit would be secure or free from unauthorized access or acquisition, or that this site or the server that makes it available are secure, free of viruses or other harmful components. Datagraphics.com does not warrant or make any representations regarding the use of or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, security, or otherwise. You (and not Datagraphics.com) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.
Linking
We reserve the right to approve any creation by you of hyperlinks to this site and request that you write to us for express written consent of Datagraphics.com. This site may be linked to other sites which are not maintained by Datagraphics.com. Datagraphics.com is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Datagraphics.com of the sites. All other trademarks are the property of the respective trademark owners.
Trademarks and Logos
Use of Datagraphics.com’s trademarks, designs and/or logos without the express written consent of Datagraphics.com is prohibited.
Miscellaneous
This privacy policy and its terms will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. If any part of this privacy policy and its terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to the appropriate law enforcement authorities. Datagraphics.com can revise this privacy policy and its terms at any time by updating this posting.
Privacy Policy
Datagraphics.com is very sensitive to the privacy concerns of the visitors to this Site. As a general policy, no personal information is automatically collected from visitors to the Site. However, certain non-personal information, including IP addresses, is recorded by the standard operation of Datagraphics.com’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of operating system in use (e.g., MacIntosh, Windows) and the type of browser being used by the visitor (e.g., Bing, Chrome, Internet Explorer).
Other uses of this information include internal review of the number of visitors to the Site but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this Site are known only when voluntarily submitted.
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our Site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our Site, the user would not have to log in a password more than once, thereby saving time while on our Site. If a user rejects the cookie, they may still use our Site. The only drawback to this is that the user will be limited in some areas of our Site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Site.
We use outside third parties to provide services to Datagraphics.com, such as marketing, shipping, and a credit card processing companies to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any purposes except to provide services to Datagraphics.com. We also partner with some other companies to provide specific services, such as newsletter fulfillment and personalization. When the user registers for these services, we will share names, or other contact information that is necessary for the third party to provide these services on our behalf. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
We may also share or transfer your information to a third party in connection with a business reorganization, sale of assets, or in connection with a merger. In the event of such transfer, the third party will treat such data in accordance with the terms of this privacy policy.
To the extent that any of the sites accessible through Datagraphics.com's website have different practices, these practices will be explained at that site.
From time-to-time our Site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and email address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Site.
This Site takes every precaution to protect our users' information. When users submit sensitive information via the Site, your information is protected both online and off-line. When our registration/order form asks users to enter sensitive personal information (such as credit card number), all such requests are handled by Paypal in order to provide the best encryption protection online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, the servers that we store personally identifiable information on are kept in a secure environment.
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done by emailing us using the contact information below. If we decide to change our privacy policy, we will post those changes on our Site so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
Children's Privacy
The content of this Site is not directed at children under the age of 13 and Datagraphics.com does not knowingly collect personal information from any child under the age of 13 at this Site.
Contact Information
To request consent, please contact: Datagraphics.com, P.O. Box 810596, Dallas, TX 75381, Attn: Permissions
Last Updated 02/01/2021 
Copyright © Datagraphics.com 2021