Your investment is protected by JAVIER’s Terms and Conditions
Thanks for choosing JAVIER™ for your design and marketing needs. By paying this invoice you are entering into a binding contract with Javier Samudio DBA SAMUDIO ADVERTISING. Please notify immediately to SAMUDIO ADVERTISING if you have any question about these Terms and Conditions.
1. ACCEPTANCE OF TERMS: By paying this invoice, you consent to the terms of this agreement and agree to be bound by this agreement and authorizing SAMUDIO ADVERTISING to make a transaction on your credit card account in the amount designated.
2. ASSETS. The content or information required to develop the project should be supplied by THE CLIENT in digital format. Any additional service not included in the invoice will have and additional charge described in a separated invoice. THE CLIENT represents to SAMUDIO ADVERTISING an unconditional guarantee that photos, text, logos and any other asset provided to SAMUDIO ADVERTISING are owned by THE CLIENT or THE CLIENT has permission from the owner to use these elements.
3. THIRD PARTY FEES. THE CLIENT is engaging SAMUDIO ADVERTISING as an independent contractor for the project described in this invoice. THE CLIENT understands that any additional third party services required (i.e. stock photography, hosting, domain, merchant account, templates, etc.) such service and payment should be described in a separate invoice with the respective third party.
4. PAYMENTS. SAMUDIO ADVERTISING can only secure any project into the schedule after receiving the respective payments, if there is any kind of delay, other projects will take priority. Payment methods include online payment, checks, bank transfer or cash. Any returned check will have an additional charge of $50 to cover bank fees and other expenses. Payments must be made within 5 days specified dates of the invoice. If the payment remains delinquent after 5 days, SAMUDIO ADVERTISING reserves the right to suspend the project until the payment is made and there will be an additional 5% fee of the total amount of the invoice per month until THE CLIENT decides to make the payment. THE CLIENT understands that any consequence caused by the project suspension is assumed by THE CLIENT.
5. REFUND POLICY. Considering that SAMUDIO ADVERTISING is offering a service, but not a tangible product THE CLIENT acknowledge that since the time invested in the project cannot be returned, any partial or total refund is not allowed.
6. OWNERSHIP OF WORK. SAMUDIO ADVERTISING assigns to THE CLIENT all copyrights to the work described in this invoice, This assignment is conditioned on SAMUDIO ADVERTISING being paid the full amount of the project. SAMUDIO ADVERTISING will retain the right to use the work for marketing purposes on the website and social media and printed material.
7. CONFIDENTIAL INFORMATION. Any information supplied by one party to the other markedly as “Confidential” must be used only for the purposes of the project described in the invoice and must not be disclosed to other parties without the disclosure’s written consent. This does not apply to information that is publicly available or that the recipient already properly knew, developed, or received independently.
8. INDEPENDENT CONTRACTOR RELATIONSHIP. SAMUDIO ADVERTISING is an independent contractor, not an employee or partner of THE CLIENT. SAMUDIO ADVERTISING is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.
9. LIMITATION OF LIABILITY. Unless a result of gross negligence or willful misconduct, the liability of either party to the other for any type of damages is limited to the amount of SAMUDIO ADVERTISING’s total fees described in the invoice. In no event shall SAMUDIO ADVERTISING’s be liable for any lost data or content, lost profits, business interruption or for any indirect damages arising out of the services provided by SAMUDIO ADVERTISING, even if SAMUDIO ADVERTISING has been advised of the possibility of such damages. After 60 days SAMUDIO ADVERTISING is not responsible for any project neglected by the CLIENT, and it will be interrupted, if THE CLIENT decides to continue the project, any remaining balance should be paid in full plus a 10% continuation fee.
10. SOLE AGREEMENT. The customer acknowledges that any violation of this agreement, and as there is no adequate remedy at law of such violation, SAMUDIO ADVERTISING in addition to any other remedies available to it at law or in equity, shall be entitled to an injunction against the customer for violating or threatening to violate this agreement. In the event SAMUDIO ADVERTISING required to enforce this agreement through legal action, them it will be entitled to recover from the customer all cost incurred. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Placer County, California, and any dispute will be litigated or arbitrated in Placer County, California.
11. TERMINATION. These Terms and Conditions shall remain effective until the project described in the invoice is completed, and SAMUDIO ADVERTISING being paid the full amount of the invoice. If either party materially breaches these Terms and Conditions, the non-breaching party shall prove physical or electronic written notice of the breach to the breaching party to find a solution. SAMUDIO ADVERTISING shall not be deemed in breach of these Terms and Conditions if SAMUDIO ADVERTISING is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, public enemy, death, illness or incapacity of SAMUDIO ADVERTISING or any local, state, federal, national or international law or any other event beyond SAMUDIO ADVERTISING’s control.
Upon the occurrence of any Force Majeure Event, SAMUDIO ADVERTISING shall give notice to THE CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.