Terms Of Service (T.O.S.)

Default terms of doing business with 2XL Creative Group, GP

LAST MODIFIED:  February, 26, 2010

This Terms Of Service (T.O.S.) is intended to define business terms as they regard the relationship between 2XL Creative Group (2XL) and its clients (CLIENT). All services performed by 2XL are done so under these terms unless otherwise agreed in writing.

1)   CLIENT AUTHORIZATION a)   AUTHORIZED CONTACTS: 2XL recognizes the CLIENT’s “Primary Contact” as the sole representative authorized to order or define services unless otherwise notified in writing. b )  UPDATES TO AUTHORIZED CONTACT LIST: Changes and additions may be made to CLIENT’s authorized contact list by request of CLIENT’s Primary Contact at any time. c)   ORDERING AND APPROVAL METHODS: Unless otherwise requested, methods for ordering and/or approving services include; i)   Faxed or hard copies of authorized signatures on respective documents. ii)   E-mail confirmations through an authorized contact’s e-mail. 2)   JOB INITIATION POLICY a)   a) All PRINT JOBS must be paid in full before they can be sent to press. b)   All NON-PRINT jobs totaling LESS THAN $500: may begin once a 50% deposit payment is remitted, unless otherwise arranged in writing. c)   All NON-PRINT jobs totaling MORE THAN $500: may be subject to negotiable deposit, milestone, or iteration payments schedules d)   All HARD COST services must be paid in advance unless otherwise stated in writing. 3)  RUSH SERVICES a)   “Rush” service may be requested for an additional 50% of total charges. Approval of such services and related charges must be submitted in writing before services may begin. b)   “Rush” service is subject to availability of production resources. 4)   POST-APPROVAL JOB MODIFICATIONS a)   CHANGE ORDERS: Changes and revisions to an initiated job’s scope (direction, image use, copywrite, print parameters, etc.) may be requested by CLIENT but may be subject to additional charges depending on the nature of the change requested; i)   INSIGNIFICANT CHANGES: In cases where requested changes are not considered “significant” by 2XL, changes may be made to current estimates and invoices at no charge. ii)   SIGNIFICANT CHANGES: In cases where requested changes are considered “significant” by 2XL, additional services will be billed separately on a new invoice. 5)   FINAL APPROVALS/PROOFING a)   2XL will provide initial and subsequent proofs for applicable services via electronic transfer such as e-mail attachment and Website download link and client portal access.  Hard copy proofs may also be requested for an additional service charge which may include shipping & handling. b)   CLIENT is responsible for reviewing proofs for accuracy, errors and omissions. Once a final proof is approved, 2XL has no liability for its content. c)   Print jobs require that CLIENT approve final proofs in writing before printing may begin. 6)   PAYMENT TERMS a)   2XL delivers all billing related correspondence via e-mail unless otherwise requested by CLIENT

b)   ESTIMATES and QUOTES may be progressed to invoice by CLIENT any time within 30-days of their issue by either documented approval of an authorized contact or remittance of applicable initiating payment. c)   INVOICES are due upon receipt unless post-dated or otherwise arranged in writing. d)   LATE PAYMENTS: Payments late over 15 days will be subject to a monthly 1.5% or $5 e)   STORE CREDIT LIMITS: Credit limits are not normally arranged, but may be extended to CLIENT at 2XL’s discretion based on payment history and other available credit worthiness information. f)   CLIENT HOLDS/CANCELLATIONS: If CLIENT cancels or places a job on HOLD for more than 15 days, 2XL may officially close the project and bill for services performed up to that date. 7)   SHIPPING a)   SHIPPING CHARGES: Shipping charges will appear on invoices as a separate line item, unless otherwise negotiated. 2XL selects shipping method based upon delivery and project requirements. i)   i) Job Proofs in CLIENT possession for longer than 15 days will be considered to be on “Client Hold”. 8)   OWNERSHIP/RIGHTS TO INTELLECTUAL PROPERTY a)   PHOTOGRAPHY: i)   CLIENT owns all transparencies and digital photography generated by custom photo shoots as designated in approved shot list.  ii)   2XL reserves the right to use any CLIENT photography for use in 2XL business promotions and promotional materials without usage fees. b)   FINISHED ARTWORK AND STOCK IMAGES i)   CLIENT has a right to a copy of press-ready files (for print jobs) and final graphic design work (for website other electronic delivery jobs) upon full payment of the project invoice. ii)   2XL reserves the right to use finished artwork and printed pieces for marketing activities (both printed and electronic) iii)   2XL reserves the right to re-use purchased “stock images” for other promotional or business purposes as permitted by the licensing images provider.  Images licensed directly by CLIENT remain CLIENT’S property and may not be re-used by 2XL. c)   LAYERED/CONCEPT FILES i)   2XL recognizes layered and concept files as its intellectual property. CLIENT has the option to purchase ownership/rights to such files for 50% of the projects total cost. 9)   JOB FILE/ASSET RETENTION a)   JOB FILES/ASSETS: 2XL will maintain an archive of all job files and assets for a maximum 2 years from date of final project invoice. b)   PROOF DOCUMENTS: 2XL will maintain an archive or all proof documents for a maximum of one year from date of final.