Welcome to Valley Pro Graphics! By using Valley Pro Graphics, and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Valley Pro Graphics service. Valley Pro Graphics may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to Valley Pro Graphics, and all text, images, photographs, user interface, "look" and "feel", data and other content included at www.ValleyProGraphics.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service."

You also acknowledge and agree that Valley Pro Graphics shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Valley Pro Graphics may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Valley Pro Graphics, its users and the public.

The starting price is the beginning cost of starting a new project, which includes content harvesting, and information gathering and research, which by itself can take a couple of hours to get orientated. (If you vet out as much as possible what you want in your mind it will help us come very close on the first draft to your intended vision).

Revisions Rounds:

Revisions are small changes done to a design that does not change the designs overall feel.

A proof is a close to final draft submitted to the client to check for spelling errors, content, and sometimes color. With each job and project we are in a partnership with you, we cannot take responsibility for your vision. You alone know what you really mean and how to spell certain names and places. We kindly ask that you will be vigilant with us to catch spelling errors and typos because we are only human like you but if we work together to minimize errors we guarantee that you will have the best outcome.  Valley Pro Graphics does not accept responsibility for errors found after the final proofing process is complete.

A version is a design not based on the previous design. Beginning a new version can start the graphic design process all over again.

A draft is a design based on the previous design with major revisions.

File Adjustment: If down the road you get an idea to add on to your project we cannot do that for free.

We prefer to deal with clients that have and utilize an Email Address for various reasons that are beneficial to both the client as well as ourselves.

All time must be win / win. The truth of the matter is we love graphic design.  We operate on a win/win philosophy so everyone can get what they want out of the deal. We want to be able to be creative for you and you get the fruits of our labor, but we need to be compensated for time we spend on your behalf in order for us to develop your idea to its fullest potential.  We value you as a client however; we need everyone to understand that we would not operate as a business if we worked for free. 

Order:

For online orders, full details and specifications of the service will be displayed prior to placement of the order. The Client is requested to review these specifications to ensure that all details, fees, payment and any other terms are acceptable.

Logo Packages:

A logo concept is definable as a logo design featuring one or more of the following:

· Typography
· Symbol
· Icon
· Illustration

Depending on what logo packages the Client orders, Valley Pro Graphics will supply the number of concepts provided for that logo package only.  Valley Pro Graphics makes no guarantee that the logo concepts created will meet your expectations or serve the purpose for which you have intended.  Valley Pro Graphics will not be expected or deemed liable for creating concepts outside the original scope of work. All design concepts will relate to one name specified by the Client.

Revisions Rounds

The term 'Revision Rounds' does not apply to concepts. The Client may have revisions to one chosen concept only. The changes that are made under the term 'Revisions' are changes of colors, changes of typefaces and fonts, changes of arrangement of elements within the concept or changes of scale and size. If the Client asks for any changes other than colors, typefaces, changes of arrangement of elements within the concept, sizes and scale Valley Pro Graphics reserves the right to not make such changes free of charge. Changes other than colors, typefaces, changes of arrangement of elements within the concept, sizes and scale will be classed as an additional concept and will be billed as such.   

Valley Pro Graphics will contact the Client to obtain feedback relating to the previous drafts. Valley Pro Graphics will prepare further drafts or amendments and provide these to the Client. Feedback provided by the Client is to be clear and detailed to allow Valley Pro Graphics to work efficiently on the development of the Client's design project(s). Valley Pro Graphics encourages the Client to take as much time as they need to deliver accurate feedback on a design. If Valley Pro Graphics are unable to contact the Client and the Client does not contact Valley Pro Graphics, then the order will expire after 30 days of no contact between the two parties and no refund will be given.

Acceptance of final works, whether verbal or in writing, shall be deemed to represent the final stage of the work process. Any subsequent work requested by the Client in relation to the order may be separately chargeable at the discretion of Valley Pro Graphics. In this circumstance any further fees will be advised to the Client in advance of the work being undertaken.

Offset Printing 

Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a print job until we receive the full payment.
Once a print job has been approved by customer and "sent to production" on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Valley Pro Graphic’s production department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.

Refund Policy
All sales are final. Since we customize each order according to your file and exact specifications, no refunds are given once Valley Pro Graphics starts working on your order, which means Valley Pro Graphics has received your necessary materials (i.e., digital files and payment) and has begun work on your job (i.e., your job is in production).

If we verify that we have made an error, we will re-run the order. We must be notified within 24 hours from delivery of any defects. In order to receive the replacement, customer must return 100% of the defective order at their expense within 5 days of their receipt. We will re-run the order with the original turnaround and send them out via the same paid shipping method. Shipping is non-refundable.

In some cases, a partial or full refund may be extended to the customer if no work has been completed by Valley Pro Graphics for a specific order. Such refund would be adjusted to cover any fees charged for proofs or other services associated with that order.

Refunds resulting from but not limited to, quantity, paper stock and shipping downgrades prior to being in production shall be subject to a $15.00 fee.

Each order made from Valley Pro Graphics is a contract between you, as the customer making the order, and Valley Pro Graphics. The fact that you have made an order on behalf of a third party does not absolve you of liability to Valley Pro Graphics. As such, any decision by the third party not to accept the particular items printed or to cancel the order with you does not affect your liability to Valley Pro Graphics.

Our Sales Tax Policy
Valley Pro Graphics charges sales tax to orders received from within the state of California unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate. View our Program page above.

Proofs
If requested, a proof will be available for your review after we have received your file. Actual time will vary depending on our current workload. No job will be sent to press without your approval. It is the customer’s responsibility to review their proof. We are not liable for delays in the order caused by customer's non-approval of the proof.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Neither do they show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.

Valley Pro Graphics offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while it’s main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper.

The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by Valley Pro Graphics on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the customer’s responsibility to determine if they need a hard copy proof with their print order.

Color Accuracy
Valley Pro Graphics will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing and order with Valley Pro Graphics you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files, approved proofs and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.

No Liability for Errors
Valley Pro Graphics is not liable for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size. Valley Pro Graphics does not make any changes on customer submitted files.  Any requests for changes will be charged an additional fee for time spent to correct your artwork.

Overprint and Under print Policy
Due to the gang run method that Valley Pro Graphics uses, we cannot guarantee that every order will be the exact number of items which are ordered. Valley Pro Graphics can only guarantee that it will come within plus or minus 10% of the number of items ordered.

Artwork Files
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files if they are provided by you and we encourage you to proofread all files carefully before submitting to Valley Pro Graphics. Valley Pro Graphics is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to Valley Pro Graphics, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Printing Turnaround Time
Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. Printing turnaround time begins when we receive approval for your proof and full payment has been made. For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready, printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.

For our Next Day Turnaround option, orders and files must be submitted by 9:00 A.M PST (12 noon EST) and proofs must be approved by 12:00 noon PST (3:00 P.M. EST), to have the item shipped out of our facility on the next business day. In other words, if you approve a proof on your Next Day Turnaround order by 12:00 noon PST on Tuesday, it will be sent out of our facility for shipping by end of business Wednesday. Otherwise, your Next Day Turnaround order placed on Tuesday would ship on Thursday. This applies to Next Day Turnaround orders only.

For all other turnaround options, orders and files must be submitted by 1:00 P.M PST (4 P.M. EST) and proofs must be approved by 5:00 P.M. PST (8:00 P.M. EST), printing turnaround time begins the next business day. For example, a job for two-day printing turnaround that you submitted at 3 P.M. PST and approved by 5:00 P.M. PST on Tuesday will be shipped out of our facility by end of business Thursday.

Please note that Valley Pro Graphics is closed Saturdays, Sundays and all major Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Production Turnaround includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Printing turnaround time for jobs with approved proofs and payment is guaranteed. The remedy for failing to meet a deadline is limited to a pro-rated refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing (e.g., note posted to order) when placing the original order that a job in the order is time sensitive and must be shipped by target date based on printing turnaround option selected. Valley Pro Graphics will not be responsible for shipping-related costs on orders that do not go out by the due date.

Shipping
Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented to you on the Site. All shipping is currently done via UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and Valley Pro Graphics assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Valley Pro Graphics ’s responsibility is limited to preparing your printing order and delivering it to UPS for shipping. Valley Pro Graphics is not liable for damages which occur in shipping.
Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from Valley Pro Graphics 's facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates. We cannot ship to P.O. Boxes or APO/FPO.

Target Arrival
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. If you are requesting a Hardcopy Proof, we already factor in additional time to reach your target date. For Standard Hardcopy Proof, expect approximately six business days to receive and approve your proof. For Next Day Hardcopy Proof, expect two business days. Both printing and shipping times are based on business days only and do not include weekends or holidays.
For example, a product with a printing turnaround time of two business days and a shipping method of 2nd Day Air would have a target arrival date four business days after your files have been received by us.
The cut off time for accepting files is 9:00 A.M. PST (12:00 Noon EST). If your files are in by that time, we will commit to printing and shipping your product within the selected timeframe.
Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.

Mailing Services
Customer's mailing list(s), while in the possession of Valley Pro Graphics , is the exclusive property of the customer and shall be used only with customer's instructions. Customer's mailing list(s) will not be sold or offered for use to any other party, and Valley Pro Graphics will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. Valley Pro Graphic’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Valley Pro Graphic’s responsibility ends when the job is delivered to the Fresno, California Business Mail Entry Unit. In no event shall Valley Pro Graphics be liable for USPS performance failures or delivery delays.
Valley Pro Graphics shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is Valley Pro Graphics liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.

The customer will defend and hold Valley Pro Graphics harmless in any suit or court action brought against Valley Pro Graphics by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where Valley Pro Graphics, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Valley Pro Graphic’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Valley Pro Graphics for actions of the customer's employees which may occur as a result of any mailing.

Miscellaneous
All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by Valley Pro Graphics), Valley Pro Graphics would rerun your job at no charge.
All materials we create in producing your printed product are the property of Valley Pro Graphics. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

Custom Apparel

ACCEPTANCE OF ORDER: All custom screen printing, embroidery, rhinestones and heat press orders are subject to approval of styles, quantities, availability and Valley Pro Graphics ability to meet scheduled deadlines.

ART PREPARATION CHARGES: Where you choose Valley Pro Graphics to render art services, a per-hour charge or itemized charge is made (see graphic design fees). Most new orders for one-color printing average $15.00 -$60.00, including typesetting, art reproduction, and camera services. Color separations are charged separately. We will estimate total charges prior to producing your order. Or, if you prefer, establish an art budget and we will work within your guidelines.
Assignments requiring extensive detailing, line work or the creation of original graphics (logos, corporate identifications, conceptual renderings, or photographs converted to line art) are subject to quotation prior to our acceptance of your order. Unless otherwise arranged, in writing, and purchased separately prior to production, all artwork rendered for your order remains the property of our art department and will be maintained at our plant for our exclusive usage in executing your orders. Where an order is accompanied by professionally prepared black-and-white, camera-ready artwork or production-quality transparencies, no art preparation charges will apply (except where excessive enlargements, reduction or retouching are necessary). Materials furnished remain the property of the provider. Any requests for the return of originals, including discs, must be made within 10 days of completion of order.

BACKORDERS: Orders requiring Valley Pro Graphics to backorder a portion of the original quantity specified are subject to your re-confirmation to allow us additional time for completion. We will advise you of shortages or other difficulties that may affect your scheduling requirements.

CANCELLATIONS: All orders are considered "firm" when placed. No cancellations on finished merchandise are accepted. Cancellations made prior to production are permitted, subject to charges for artwork in progress, completed screens or custom digitizing, and return of merchandise acquired including all restocking fees and shipping costs incurred by Valley Pro Graphics .

COMBINED QUANTITY PRICING: We allow total/combined quantity pricing for all custom approval orders where all items are printed with same ink/thread colors, using same prepared screens/tapes on same continuous production run.

COPY CHANGES: Subject to additional art and preparation charges where appropriate.

CUSTOM MANUFACTURED GARMENTS: Contact sales office for details.

DYE LOTS: Due to market conditions and mill variances, we cannot guarantee consistency of shades to match precisely from order-to-order and dye-lot to dye-lot.

IMPRINT COLORS: All standard and pastel colors are available for screen-printing. Custom colors and PMS colors for screen-printing are available, however; additional charges may apply. We will match colors as closely as possible, but due to the nature of ink pigments, dye colors, and fabric characteristics, we cannot guarantee exact colors or tint. Some ink matches are subject to surcharge.

IMPRINT SIZES: Contact Customer Service.

INK TYPE: Valley Pro Graphics reserves the right to determine at its discretion, ink type and chemical composition used on your order unless you specify otherwise in writing. Puff, glitter, neon, high density, reflective, fluorescent and other specialty inks and applications are available at an additional charge. We scrupulously comply with all local, state, and federal environmental and hazardous waste regulations.

LAUNDER ABILITY AND SHRINKAGE: Some shrinkage is unavoidable in all knitted garments. To minimize shrinkage, follow washing instructions on garment label. Do not use bleach on colored fabrics. Do not iron over imprints. Avoid harsh detergents.

OVERRUNS/UNDER RUNS: To maintain production efficiencies, we reserve the right to furnish 5% over-or-under quantities ordered. Orders within this guideline are considered complete. Actual quantity shipped will be invoiced. Exact quantities cannot be guaranteed!

PREPARATION CHARGES: See Sales Department for price schedules.

PRICING: Merchandise is sold at prices in effect at time of order placement and/or acceptance. Prices are subject to change without notice. In between quantities are priced at smaller quantity levels.

PRODUCTION TIME: All orders accepted by Valley Pro Graphics are contingent upon receiving all instructions, signed order confirmations, specification sheets, artwork approvals and customer-supplied artwork by our order deadline. We cannot be responsible for delays caused by customers, their suppliers or shippers. Orders requiring less than our standard turnaround are subject to rush charges.

PROOFS: All new artwork must be proofed and approved by the customer before we will start production.

RETURNS & CLAIMS: No returns are accepted without prior authorization. All claims must be made within three days of receipt of goods. All returns must be shipped freight prepaid. All claims for goods lost or damaged in transit must be made with the carriers. Our liability ceases upon shipment.  As each order is unique we do not accept returns, exchanges or provide refunds unless there is found to be an gross error or misprint made on our part.  

REVISED ORDERS: Valley Pro Graphics will try to accommodate requests made prior to production but cannot guarantee inclusion. Restocking charges or special order fees may apply, and your due date may be delayed.

RUSH SERVICE: We will assign production priority to orders subject to critical deadline, i.e. for scheduled events, etc. Orders requiring less than the normal 10 working days may be subject to appropriate surcharges. If Valley Pro Graphics  agrees to accept your order, and if time constraints do not permit customary proofs, etc., your purchase order must include the following waiver: No Proofs Required. Complete order, design colors, styles, sizes and graphic instructions as closely as possible to meet production commitment.

SAMPLES: Contact your sales representative or our sales office.

SIZES: Due to market conditions and mill variances, we cannot guarantee consistency in sizes to match from order to order, color to color, or brand to brand. Contact your sales representative or our sales office for sizing information.

SCREEN PREPARATION: Screens are the property of Valley Pro Graphics and will be maintained at our production facility for our exclusive use in executing your orders. Screen charges are to cover the costs of preparing screens and recycling them for continued use.

SHIPPING: FOB our plant, UPS wherever possible. All other major services available upon customer request. Changes to shipping destination after product has been shipped are subject to additional charges.

SPECIAL ORDERS: Contact Valley Pro Graphics sales office. Tell us your requirements on quantities, styles, deadlines, price guidelines. We will do our utmost to satisfy your needs.

TERMS: 50% good faith deposit upon order placement with the remaining balance due upon pick up or completion.  We accept cash, credit card, or certified check. We offer a 3% Cash Discount.

THREAD COLORS: All standard colors and pastels are available. Metallic thread and non-stocked items are available by special order. Contact sales office for availability and pricing information. Please be advised that due to market conditions and mill variations, we cannot guarantee consistency of shades to match precisely from order-to-order and dye-lot-to-dye-lot.

THREAD TYPE: Unless instructed otherwise, we use exclusively 100% rayon thread.

WARRANTIES: There are no warranties beyond those neither listed on this page, nor are there any other warranties expressed or implied, including the warrant of merchantability and in no event shall Valley Pro Graphics be liable for any consequential or special damages.

WASTE ALLOWANCES: While we maintain quality control standards well beyond standard industry guidelines, production efficiencies warrant a waste allowance of up to 3%. We will not be responsible for errors of up to 3% of contracted quantities. We will replace, repair, or provide reimbursement at our discretion and our expense for merchandise spoiled in production beyond 3% waste.

Website Design

To make clear our understandings, these are the terms of our agreement:

1. Authorization. The client is engaging Valley Pro Graphics, a Sole Proprietorship, located at 4709 N. El Capitan Ave. Ste. #101, Fresno, California 93722, for the specific project of developing and/or improving a World Wide website.  The client hereby authorizes Valley Pro Graphics to access this account, and authorizes the web hosting service to provide Valley Pro Graphics with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Valley Pro Graphics to launch their completed website.  

2. Content (all text and images) for the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet”. If the client desires additional standard web pages beyond the original number of pages specified at the time of the signing of this contract, the client agrees to pay Valley Pro Graphics for each additional webpage according to time spent and will be charged according to the current hourly rate.  Graphics or photos beyond the allowed average of 2.3 per web page shall be billed at an additional $3.00 each. Where custom graphic work (beyond the scope of this package detailed above) is requested, it will be billed at the current hourly rate.  Time required to make substantial changes to client-submitted text after the web pages have been constructed will result in additional charges that will be billed at the hourly rate.  

3. Maintenance and Hourly Rate.  This agreement includes minor webpage maintenance to regular web pages over a 2 week period, including updating links and making minor changes to text. It does not include major changes. If the client or an agent other than Valley Pro Graphics attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The 2 week maintenance period commences upon the date that the web site is officially published to the web and all monies have been paid.  Webpage design, editing, art, photo & graphics services added after the website is ready for advertising to the Web search engines will be calculated for actual time spent at the current hourly rate of $60.

4. Domain Registration, Transfers & Plesk VPS. 

Domain Registration & Transfer Domains are registered by Valley Pro Graphics through their account with a third party registrar.  As such, registered domains are registered to Valley Pro Graphics with you, the client, stated under the business name upon request. Transfers will take between 7and 10 days under normal circumstances to complete. If the losing registrar refuses to acknowledge a transfer request for any reason, the transfer may take longer to complete.  An Authorization Code is required from your Current Registrar to transfer any .COM, .NET, .ORG, .INFO, .BIZ or .US domain name.  

Domain Transfers (away) are performed only after receipt of written request.  The client acknowledges that while their domain is transferrable at any time, website files are transferrable only when purchased and the viewing of their website on the worldwide web may be interrupted until the website files have been purchased.  The costs for file purchases are usually equal to 50% of the amount of the original price paid for the creation of the website.  Not all domain name functionalities will transfer.  Transfers will take between 7and 10 days under normal circumstances to complete.

Plesk VPS (virtual private server) creates secure virtual environments on a single physical server enabling better server utilization, increased security, and guaranteed resources. VPS is an intuitive control panel which displays website files, enables user log-ins, mail, databases, apps, and more. Each VPS performs and executes exactly like a stand-alone server.  Administrative access to your VPS is available if website files have been purchased. The costs for file purchases are usually equal to 50% of the amount of the original price paid for the creation of the website.   

5. Completion Date. Valley Pro Graphics and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website with in 7 to 90 Days depending on your Web Package Initial Contract Approval and initial 50% of Total Project Fee Deposit Paid.  If the client does not supply Valley Pro Graphics with complete text and image content for all web pages contracted within 10 business days of the date this contract was signed, the entire amount of the contract becomes due and payable. If text and images content is not submitted within 10 business days after the signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.   

6. Legal. Valley Pro Graphics does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Valley Pro Graphics be liable to the client or any third party for any damages, including loss of profits, loss of savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Valley Pro Graphics has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

7. Copyrights and Trademarks. The client represents to Valley Pro Graphics and unconditionally guarantees that any elements provided to Valley Pro Graphics for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Valley Pro Graphics and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

8. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Valley Pro Graphics is owned by Valley Pro Graphics. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners.  Valley Pro Graphics and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

9. Registering and Advertising Your Website

Consider:

• Advertising your Website to Web search engines that index the Web

• Giving customers a good reason to visit your site by offering them something

• Finding industry-wide linking pages and negotiating reciprocal links to and from their web pages.

• Purchasing Web advertising

• Developing a "signature" mini-ad attached to all your e-mail messages

• Including your e-mail and Web addresses on all your company's print literature, stationery, and display advertising E-mail newsletters

10. Payment of fees.  Fees to Valley Pro Graphics are due and payable on the following schedule: 50% upon signing this contract, 25% upon signed approval of design and layout with the remaining 25% of the balance due upon final approval of the entire project.  The web site will be published on the World Wide Web once all related monies due are paid.   

All payments will be made in US funds made out to, “Valley Pro Graphics ". We accept Business Checks and Cash. Personal Checks must clear before the design process begins or the before the site is published.  We offer a 3% Cash Discount for all Cash payments.   

Payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. Valley Pro Graphics reserves the right to remove web pages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off" from public viewing with a Splash Page stating that the web site is currently suspended. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. If collection procedures prove necessary, the client agrees to pay all fees incurred by that process. If the total amount of this Agreement is less than $500, the total amount shall be paid upon written acceptance of this Agreement.

*Artwork files must be purchased separately and, unless requested and specified, are not factored into the cost of your website purchase.  Additional costs for files are usually equal to 50% of the amount of the original price.  It is extremely important that Valley Pro Graphics receives advanced notice of your intent to host elsewhere as the price and structure of your website will be affected.         

11. Refund Policy.  If the client halts work and applies by registered letter for a refund within 30 days to Valley Pro Graphics, work completed shall be billed at the current hourly rate and deducted from the initial payment; the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable for payment of all work completed thus far at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of the signing of this contract. The above also applies to upfront hosting fees.

12. Sole Agreement. The agreement contained in this "Web Site Agreement" constitutes the sole agreement between Valley Pro Graphics, any of its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order.

This Agreement becomes effective immediately upon signing and clients are encouraged to read the terms carefully and thoroughly and ask questions to Valley Pro Graphics, if they should arise. This agreement supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.  Failure by Valley Pro Graphics to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.  In addition, we reserve the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement. Except as otherwise stated herein, any modification to this Agreement shall be effective ten (10) days after it initially is posted on our website. Your continued use of our services after any such change will be conclusively deemed acceptance of such change.  It is your responsibility to check for changed that are posted to our site. 

Regardless of the place of reading, or signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Fresno County, California, and any dispute will be litigated or arbitrated in Fresno County, California.

13. Website Hosting

I hereby authorize Valley Pro Graphics to charge the above credit card for web hosting fees on a recurrent basis.  I acknowledge that this is a twelve (12) month contractual term of service and that Valley Pro Graphics will continue to charge my credit card for a 12-month period commencing on the first date of the signing of this contract.  Selection of Non-Automated billing will incur an additional $5.00 billing fee and the complete terms of this agreement remain in full effect.  No refunds for hosting will be made after 30 days unless server logs demonstrate that the web site was not accessible via a standard internet browser viewable for a period more than 10%. This agreement will automatically renew for subsequent twelve (12) month terms unless canceled in writing at least 30 days prior to the renewal date. Renewal prices are subject to change. Valley Pro Graphics reserves the right to amend or make changes to this contract at any time including terms and pricing.  It is the customers’ responsibility to check for amendments to this agreement as any changes will be posted to Valley Pro Graphic’s website. Automatic renewal of services by Client indicates agreement to any Contract revisions and price changes. If contract is cancelled prior to end date, customer is responsible for paying the remainder of the contract at time of cancellation.  Requests for domain transfers must be in writing.  The client acknowledges that while their domain is transferrable at any time, website files (if applicable) are transferrable only when purchased and the viewing of their website on the worldwide web may be interrupted until file purchase has been made.  For additional information on domain transfers and file purchases, please refer to clauses #4 and #10 on your website agreement.  Not all domain name functionalities will transfer.  Transfers will take between 7and 10 days under normal circumstances to complete.  While hosting with Valley Pro Graphics, you are entitled to receive 15 minutes of free plain text changes p/month or the first 15 minutes of major changes free.  If you’re changes require more than 15 minutes to complete you will be notified in advance that additional charges will apply at the current hourly rate of $60 p/hr.  

Resale Program

These terms and conditions govern participation in the Valley Pro Graphics Reseller Program (the “Reseller Program”). By applying to be a participant in the Program, each Reseller agrees to these terms and conditions effective as of the date the Reseller enrolls in the Program (the “Effective Date”).

Valley Pro Graphics reserves the right to make changes to these terms and conditions at any time without prior notice. Resellers should review these terms and conditions each time you access this website.

PURCHASE OF PRODUCTS THROUGH RESELLER SITE/TERMS OF USE

Resellers enrolled in the Reseller Program are eligible to purchase custom printed products and related services through the Valley Pro Graphics web site (“Reseller log in”). The terms of any such purchases, and the Resellers use of the Reseller Log In, shall be governed by the Valley Pro Graphics Terms of Use posted on the Valley Pro Graphics web site.

RESELLER SITE OPERATION/ORDERS/PRICING

Valley Pro Graphics will operate and serve the Site and will be responsible for the production and delivery of products ordered on the Site. To obtain the benefits of the Reseller Program, orders must be placed by through the Site using the Reseller Log In. Valley Pro Graphics reserves the right to make changes to the Site and program at any time and without notice.

Any sales, marketing, administrative or other expenses incurred by a Reseller in connection with its participation in the Reseller Program are the sole responsibility of the Reseller.

Each Reseller must place a minimum of 30 orders through the Reseller Site during the 12-month period following the Effective Date, and every 12-month period thereafter, to remain in the Reseller Program. Should the Reseller fail to place a minimum of 30 orders during a 12-month period, the Reseller will be terminated from the Reseller Program.

Reseller Program products, services and pricing are subject to change by Valley Pro Graphics at any time without notice. It is the Reseller's responsibility to verify the Reseller Program prices then in effect. Certain Valley Pro Graphics products may not eligible for purchase under the Reseller Program.

Payment for all items ordered through the Reseller Program must be paid via credit or debit card on-line at the time each order is placed. 

Resellers may set their retail/resale prices at their discretion. Resellers are solely responsible for collecting payments from their customers.

Reseller’s use of the Valley Pro Graphics web site shall be governed by and subject to the Valley Pro Graphics Terms of Use posted on the site. Resellers agree to abide by all posted Valley Pro Graphics Terms of Use.

TERMINATION OF PROGRAM/PARTICIPATION

Valley Pro Graphics may terminate the Reseller Program at any time. In addition, either Valley Pro Graphics or the Reseller may terminate Reseller’s participation in the Program at any time and for any reason.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER VALLEY PRO GRAPHICS OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THE RESELLER PROGRAM, THE USE OR PERFORMANCE OF THE WEBSITE, OR THE FAILURE TO PROVIDE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.

SET UP FEE

 There is a one-time non-refundable $50.00 (a $99.00 value) set up fee to become a registered Valley Pro Graphics Reseller. This fee will be charged to the Reseller’s credit or debit card when the Reseller’s username and password are provided by Valley Pro Graphics. Once the access to the Reseller Program has been provided, the set up service is complete.

MISCELLANEOUS

 A Reseller’s participation in the Reseller Program shall not imply or create any employment agreement, partnership, joint venture or agency relationship between Valley Pro Graphics and the Reseller and Reseller shall have no power to obligate or bind Valley Pro Graphics in any manner whatsoever.

If any of these terms and conditions are declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other terms shall not be affected and shall remain in full force and effect.

Valley Pro Graphics is based in Fresno, California and all transactions take place on Valley Pro Graphics servers located in California.  Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to Reseller’s participation in the Reseller Program or access to or use of website shall be governed by the laws of the Unites States. Any legal action or proceeding relating to or arising from the Reseller Program or access to or use of the website shall be instituted in Fresno, California. Resellers agree to submit to the jurisdiction of Fresno, CA in United States Courts and agree that venue in these courts is proper in any such legal action or proceeding.

These terms and conditions, together with the Valley Pro Graphics Terms of Use, constitute all of the terms and agreements relating to Reseller’s participation in the Reseller Program.

Other General Terms & Conditions

Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Valley Pro Graphics and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks
" Valley Pro Graphics ", and any and all other marks appearing on this Site are trademarks of Valley Pro Graphics in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Valley Pro Graphic's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Valley Pro Graphics prohibits the use of Trademarks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by Valley Pro Graphics in writing.

Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Valley Pro Graphics. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Valley Pro Graphic's prior written consent is prohibited.

Email
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Valley Pro Graphics programs. Also, please remember that you are responsible for whatever material you submit and that you, not Valley Pro Graphics, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Valley Pro Graphics.

Privacy
You confirm that you have read, understood and agree to the Valley Pro Graphics Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Valley Pro Graphics, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Valley Pro Graphics Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by Valley Pro Graphics in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Valley Pro Graphics — INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") — BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Valley Pro Graphics for making a Request.
Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification
You agree to defend, indemnify and hold harmless Valley Pro Graphics and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of Valley Pro Graphics . The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Valley Pro Graphics, and are neither its employees nor agents.

Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law
The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.