GENERAL TERMS, POLICIES & CONDITIONS OF USE QUANTUM BUSINESS SOLUTIONS, LLC
hereinafter referred to as "QUANTUM" OR "QBS"
Web Hosting & Services
- Hosting Package services on the QBS web site and terms and conditions and identifies all that is included and detailed within specific packages shown on the QBS web site. Although we do not require a contract for this particular service You are still bound by all of the terms and conditions listed on this site under "Terms & Conditions".
- Hosting Price is based on a monthly fee. Your credit card will be charged automatically initially upon receipt of your order and thereafter on the first of each month the amount shown without your signature as approved by you in writing either by a signed agreement or recurring charge permission sheet.
- To cancel the automatic monthly charge, the customer must email or fax us 30 days before their billing date either on the 1st or 15th of any month at or fax 512-261-3849 and provide us your name, domain name, and write in the subject line "Please cancel my hosting" or indicate in your faxed letter that you wish to cancel hosting services and that the email or faxed letter is to serve as your 30 day notice. Upon proper notice, we will cancel your hosting services 30 days later. You may see one final charge on your account depending on when you send your 30 day notice in, but from that point you will not be charged any further. All services will then be deactivated at midnight on the last day of service.
- If the customer is planning to move files to another non Quantum provider (non Quantum Server) the following criteria must be met before Quantum can release files: 1) Your account must be in good standing, meaning current and no monies owed; 2) The files must be open source or have no proprietary hold on them (most files do not have a proprietary ownership attached to them and if they do it would be detailed in your written agreement. If there is nothing detailing this in your written agreement or you are on a month to month payment plan, this will not pertain to you); 3) All software installation fees must be paid for prior to file release; and 4) No chargebacks or disputes active or still pending. Any chargebacks or disputes pending must be resolved completely, including any timeframes imposed or indicated by the bank whereby credit to Quantum becomes a permanent credit. This means if the bank indicates it has temporarily credited our account because the bank sided with Quantum on the dispute, and they put a hold on the temporary credit for XX days to be determined by the bank, this means that the merchant bank has sent back documents to your bank and you and your bank then has XX days to respond, as determined by the standard banking guidelines regarding chargeback disputes. If no response is received by the day indicated, then on the day after the last day indicated, Quantum will prepare and release files in zip format with a registered service to show proof of delivery.
- During such time as the dispute/chargeback is still pending you will have the option to continue your hosting service with us at the same agreed upon rate or cancel services. If you wish to continue to pay for services to keep the site live during this waiting time, your payments will still be required to be in our office on or before your regularly scheduled due date or paid by our automated system on the scheduled due date, provided your account is in good standing, otherwise we will request that you mail in a money order or cashier's check. If payment is not received on time, we will notify you via email and give you a chance to rectify the situation. If no resolution or payment has been made, services will be deactivated until such time as a resolution or payment is made.
- If the bank does not side with Quantum during any chargeback dispute, then Quantum may seek legal counsel to protect its interests to resolve the situation if there is no amicable way to settle the matter. No files will be release during any litigation until resolution of the matter is concluded legally. If Quantum chooses to not seek legal counsel it will then release files in accordance with the bank's decision.
- Should you initiate a chargeback, and the bank finds in favor of Quantum, you will be subject to a $45.00 fee plus any late fees or interest due to Quantum.
- Quantum can not guarantee 100% up-time because machinery will fail from time to time and there will be issues that will be beyond our control with network providers. Should there be an outage of service for any reason; Quantum will work to restore service as fast as possible. The Indemnification term herein remains in full force.
- Quantum will not guarantee that any site working on a Quantum Service will work on a non Quantum Server. It is the customer's sole responsibility to insure that the new hosting provider is equipped to handle the type of site and functionality the site requires. QBS does not guarantee that the Site Files will work in an environment that does not conform to the designed site files for the system requirements. QBS will not be liable for any costs of modifying or reprogramming the Site Files to operate in any environment other than QBS’ computer systems.
- If the customer would like Quantum's assistance in installing the files on the new server the charge for installing files starts at a minimum of $200.00, which does not include Quantum guarantying that the site will correctly function as it did on the Quantum Server. QBS will notify the customer of the exact charge total for their approval prior to commencing with moving any files.
- If the customer would like Quantum to troubleshoot the new server to insure that the site will function properly, given the host provider has capacity to provide such service, the charge for that will start at a minimum of $175.00 additional. QBS will notify the customer of the exact charge total for their approval prior to troubleshooting any areas of the site to insure it's in working condition on the new non QBS server.
- Customer is prohibited from transmitting on or through any of QBS servers or services, any material this is, in QBS sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international.
- QBS services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. QBS reserves the right to remove such illegal material from its servers.
- The customer is responsible for keeping their billing data with QBS up-to-date and accurate. Furnishing false data on the sign up form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
- Quantum reserves the right to choose not to service or work with any individual or company.
- Any customer who initiates a chargebacks, disputes or any other related item, may have their line of credit, ability to use a credit card for payment, and/or ability to pay by check suspended at Quantum's sole discretion. Quantum may elect to accept a money order or cashier's check as forms of payment.
SYSTEM AND NETWORK SECURITY:
- Customer may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.
- Customer may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to: “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
- Customer may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
- Users who violate systems or network security may incur criminal or civil liability. QBS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- Customer may not spam any search engine by submitting more pages than any search engine permits in one day.
- Harassment, whether through language, frequency, or size of messages, is prohibited.
- Customer may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email. If the Customer or any vendor the Customer may hire to send email is caught sending Unsolicited Mail (SPAM) the Customer may be subject to fees which will be determined by the amount and extent of the damage, downtime, interruption or volume sent through a QBS server(s). Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
- Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
- Customer may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
- Malicious email, including but not limited to, “mail bombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.
- Forging of header information is not permitted.
- QBS accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Net Abuse Policy.
- Quantum is not responsible if your email advertisement does not bring the Customer sales or inquiries for any reason. Quantum cannot guarantee results, sales, responses or inquiries from purchasing any e-mail list from Quantum. Quantum IS NOT responsible for any claims of SPAM from any party or loss of business for any reason. The person(s) or corporation(s) who sends the e-mail advertisement out to this list are the responsible parties to check ALL laws in ALL states for SPAM REGULATIONS to insure ALL LAWS are adhered to in full. By purchasing this list you assume all legal ramifications upon yourself or parties using the list and release Quantum from any such liability.
PROVISIONS OF SERVICE:
- Pursuant to the terms and conditions of the parties, Customer agrees to purchase certain Internet, web or printing services set forth herein.
- Customer acknowledges and agrees that the Internet Services provided by QBS may include access to third party networks via QBS and that Customer will abide by the reasonable rules and policies for such networks that may be provided from time to time.
- QBS agrees to announce, as may be required, Customer provided routes to QBS peers or other transit providers that QBS may use from time to time.
- Customer also acknowledges and agrees that QBS reserves all rights and property interest in the IP addresses that may be assigned to Customer.
USE OF INTERNET SERVICES:
- QBS Internet Services are to be used solely by Customer and the entitles, if any, to whom Customer re-sells the Internet Services. Customer represents, warrants and covenants that it will not transmit, re-transmit, store or otherwise use the Internet Services in violation of any federal, state, local or international laws or regulations (collectively, “Laws”), including but not limited to, any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export, and that it will not post, transmit or re-transmit any unlawful, threatening or abusive material of any kind.
- In using the Internet Services, Customer agrees that it will comply with QBS “Net Abuse Policy” that prohibits such activities as: (i) gaining or attempting to gain unauthorized access to another account, host or network; and (ii) distributing, posting or collecting unsolicited, duplicated messages to entities who do not expressly request such messages (“Spamming”)
- Customer shall not improperly restrict or interfere with use of the Internet Services (or of the Internet general) by QBS or its affiliates, any QBS customer, or any third party. Upon notice from QBS, Customer shall promptly remove any hazard, interference or service obstruction that may be caused by hardware or software not provided by QBS. Should the Customer upload a virus or infect file(s) through FTP access, the Customer will be responsible to pay for any interruption in service to the server or other clients on the server.
PROOFING OF WEB SITE, PRINTING, GRAPHIC DESIGN OR OTHER WORK:
- The Customer will outline as detailed as possible either by a drawing or showing examples of items they like how they want their design to be rendered.
- Based on the customer's input, QBS will provide one proof of the work requested, as stated herein, within a minimum of 3 days and a maximum of thirty (30) business days depending on what product or services the customer ordered from QBS. All materials and content copy is to be sent via email to QBS in an orderly fashion. Content is to be typed using Microsoft Word and delivered as a .doc file. Images are to be delivered 72dpi for web projects, or 300 dpi for print projects.
- DPI higher than 72 for web projects will require resizing and/or compression depending on what is provided by the customer and may incur additional charges.
- DPI lower than 300 for print projects will not be acceptable for printing and the customer will be notified to provide alternative artwork or allow QBS to locate a stock or licensed image where additional charges may apply.
- QBS has the right to extend the deadline of proof to a reasonable date beyond the original thirty (30) days.
- Printing orders MUST be placed, paid for in full, prior to any design services being rendered.
- The Customer will have five (5) business days to review and request changes in writing from the day QBS notifies Customer that a proof is ready for review unless otherwise agreed to by both parties.
- If the customer requires more than 5 business days to review the proof, the Customer must notify QBS by email and identify the amount of additional days required to review proof up to a maximum of 10 business days. QBS will extend only a maximum of 10 business days after the initial 5 business days have elapsed.
- If the Customer does not respond by approving the proof, indicating changes on the proof within the initial 5 business days or the agreed upon extension, QBS will deem the work complete “AS IS” and no further proofs will be rendered without charge.
- QBS will render changes after the initial proof is rendered up to two (2) more times at no charge.
Changes to proofs may consist of the following for web and print projects:
- Changes to the initial design of the web site, printing or other work based on the initial information provided by the Customer
- A proof is considered a rendering of data and/or images based on Customer input.
- Should the Customer request changes in writing which were not initially specified by the Customer, such as an entirely new layout, different from the initial items discussed, this type of change may incur additional charges. QBS will notify the customer in writing if additional charges apply so that the customer can approve the additional charges.
- If QBS did not effectively render the design per the customer's outline, QBS will offer, QBS will render one more design at no charge. QBS will determine based on the customer's initial input as stated herein, if an additional design is warranted at no charge to the customer.
- Should more than three proofs be requested by Customer, the Customer will be charged accordingly. QBS will notify Customer of the charge amount for approval before QBS proceeds with any excess proofing work.
- The Customer will be responsible for any and all errors, including but not limited to omission of information, typographical errors, pricing errors, and product descriptions once the Customer approves the final proof. Should QBS print said item with any errors not caught by the customer, the customer will be responsible for all costs of a reprint as well as the changes.
Additional items specific to Web sites:
- Should the Customer decide to design their site after QBS rendered a proof for said site, QBS will grant FTP (File Transfer) to the Customer at which point QBS obligations to design a web site will be considered completed and satisfied.
- Should the Customer find any errors in content on the web site after the Customer has approved said site or after administrative access has been granted to the customer, QBS will repair such errors at the current hourly rate and the customer will be notified for approval of the charge amount prior to work commencing.
- Regarding web site functionality. QBS will provide all the functionality requested and agreed upon. The customer will be allowed to proof the functionality by doing a walk through on a scheduled pre-launch date. During that time if the customer changes any functionality from the originally agreed upon functionality those changes will be subject to additional charges. If the changes are omissions by QBS then we will render such changes at no charge to the customer.
- Once administrative access is granted to the customer, the customer becomes liable for everything on the web site from software errors to content errors. Any errors in functionality, bugs, etc...that show up after admin access is granted to the customer will be subject to charge. The charge will be dependent on the damage caused by the customer. QBS will notify the customer for approval of the charge to repair the damage prior to commencing with any repairs.
- Customer hereby grants to QBS the permission to create certain artwork for print media or any other form of media including on-screen images for the Internet. QBS grants permission for customer to use artwork or images as long as business between the parties remains in effect, for any lawful purposes. QBS retains the rights to all artwork, coding, images, programming, design & layout for printing projects, files, coding and databases, which was used to create said web site OR printing works as specified herein, unless originally provided by Customer or Customer purchases said items as requested by Customer. The Customer will not be permitted to utilize said artwork, coding, images, programming, files, coding and/or databases for any purpose, unless Customer purchases said items and/or agreed to in writing by QBS.
- Customer expressly releases, and agrees to defend, hold harmless and indemnify QBS and its agents, employees, licensees and assignees from and against any and all claims which Customer has or may have from rights of publicity, defamation, unfair competition or any other cause of action arising out of the use of the information or materials, or arising out of undelivered, misdirected or lost electronic mail.
- Customer understands and agrees that QBS shall have the exclusive rights, title and interest, including copyright, in and to any works of authorship, graphics, layout and design, coding, programming, all data files in connection with the creation of the web site or print projects as indicated herein, except for any third party coding (relating to web sites), invention or other intellectual property created pursuant to terms herein, and any advertising and/or promotional materials relating thereto unless provided by the Customer. Customer agrees and understands that QBS resells or licenses different types of coding to it’s Customers and if the Customer exercises the option to purchase website or print project files, Customer agrees and understands that although the service to design and layout are provided as part of a courtesy service by QBS with their web development or printing order and are not charged to the Customer for any web development/design or printing order, QBS will release said design and layout files for a web development/design or print project for a fee to be determined by QBS based on the then current published online rates on the QBS web site for graphic design for that particular file size or image size requested.
- QBS will still be allowed to resell or license the same or similar coding to another client, excluding all Customer marks, provided imagery or content.
- Customer retains ownership of all materials in the form as delivered to QBS, and any existing trade and/or service marks of Customer. Materials provided by the Customer shall remain the property of the Customer except for that which was created by QBS. QBS will have permission from the Customer to utilize items provided by the Customer for design and/or programming of the web site, as well as on other services requested by the Customer. QBS will have the right to display the Customer’s web site and or any works of QBS authorship, as an example of work performed by QBS, by adding it to the QBS portfolio.
- QBS will place a Designed and Developed by Quantum with a Copyright at the bottom of every web development project and the Customer as well as embedded in the code of several pages or files of the web site, and they are to keep this intact without removing it or altering it in anyway for any reason. The only way this can be removed, is if the Customer completely discards all files that were created by QBS or licensed thereto, and has another developer create something else for them, and in which case, that developer would likely put their mark at the bottom of the site to credit themselves for their work. Evidence of this must be presented to QBS to insure that no coding or licensed items are being used by the Customer or its developer.
- The customer may write QBS and request permission to remove the Designed and Developed link from the footer of their site. QBS will then review the request and accept or deny the request at their sole discretion.
- QBS grants Customer a limited, nonexclusive license to copy and distribute screen prints only, of Customer’s web site for the limited purpose of promoting Customer’s web site. Customer may not copy, distribute or otherwise use coding or images created by QBS. This limited license will terminate upon termination of business between the parties, or if the Customer purchases such files.
- QBS grants the Customer limited, nonexclusive license to copy and use online images from said web site created by QBS for the Customer, for other online purposes, such as avatars, online banner ads, directory listings or classified ads etc... (i.e. copying an image provided by QBS on said web site and utilizing said image on Facebook, Twitter, Linkedin as an avatar or Manta for a business listing whereby the image may be used for a logo on the listing)
- Customer warrants that any offers promoted through QBS service are in compliance with all laws regulating advertisements. Customer assumes all responsibility for such compliance.
- The Customer will have full rights, title, or interest in any domain name registered by Customer or any Customer trademark or service mark contained in any such domain name.
- Customer authorizes QBS to display its logo and/or "Designed & Developed by Quantum" with copyright at the bottom of each page as well as embedded in pages or files of web site and allowing a link to the QBS website.
- Customer understands and agrees that nothing in these terms shall bestow any proprietary or other intellectual property rights of any kind to, or on behalf of the Customer.
- Customer acknowledges and agrees that the Software, Graphics and Graphic Files, Artwork and Site Files are the intellectual property of QBS and/or open source third parties and that Customer acquires no rights in the Software, Artwork and Site Files under this Agreement but only the limited permission to use them and a limited option to purchase them. Notwithstanding the preceding sentence, Customer retains ownership in any artwork and files Customer delivers to QBS for the Site set-up.
SITE MAINTENANCE TERMS AND POLICIES
- QBS will use reasonable efforts to resolve technical problems with the Site not caused by Customer or content added by Customer, at no charge.
- QBS will make modifications to the Site based on the Customer's request in writing. QBS will provide an estimate of the charge to Customer for their approval prior to commencement of any work.
- SITE USE POLICIES: Customer shall comply with QBS’ standard policies, terms and conditions, including but not limited to Quantum’s General Internet Abuse & Usage Policy, Anti Spam Policy, Proofing of Web Site & Other Work, Proprietary Rights, Search Engine Service Terms, Email Campaign Policy, Email List Usage Policy, Invoices & Estimates (“Site Use Policies”), as posted herein. QBS may amend the Site Use Policies from time to time, without Customer’s approval or notice thereof.
SUSPENSION, TERMINATION, DAMAGES
- If QBS determines that a law, regulation, ordinance or order prohibits, substantially impairs or makes impractical the provision of any part of the services provided to the customer, QBS may terminate services to the customer without liability upon thirty (30) days written notice to Customer (or sooner if with the consent of Customer), unless earlier termination is required by law.
- Except as provided herein, upon the Customer’s breach of any provision of herein, QBS may immediately suspend all services or terminate all services to the customer permanently. Nothing herein limits QBS’ right to any other remedies available to QBS at law or in equity.
- QBS upon non payment for monthly hosting fees, will issue a notice to allow the customer 3 days to rectify and bring their account current. If the account is not brought current by the specified time, QBS will suspend all services or terminate all services to the customer permanently.
- If the customer wants services to be restored after payment is not rendered by the agreed upon extension, reactivation fees and late fees will apply accordingly.
- If QBS suspends services, it may post a web page for visitors indicating that the Site is unavailable or undergoing maintenance while the suspension is in effect.
- On termination of services, QBS will stop performing services to the customer. Services include but are not limited to: (a) deactivating the Site so Customer will no longer be able to display, manage or access its content on the Site, (b) diverting traffic to the IP addresses previously used for the Site to a notice that the Site has been deactivated, undergoing maintenance or temporarily out of service, (c) redeploying the IP addresses for any purpose in QBS’ discretion, and (d) other measures appropriate to discontinuing the services.
- Customer shall remain obligated for all charges due and owing up to and through the date of termination, with interest until fully paid at the rate of one and one-half percent (1-1/2%) per month, but in no event shall the maximum amount exceed what can be charged legally.
TRANSFER AND ASSIGNMENT
- This agreement is binding on the parties and their respective successors and assigns. Notwithstanding the previous sentence, neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other party except that QBS may assign its rights and obligations under this Agreement without Customer’s consent to an entity that acquires all or substantially all of the assets of QBS or to any subsidiary or affiliate of QBS. An assignment contrary to the foregoing provisions shall be void and of no effect.
INVOICES AND ESTIMATES:
- QBS will generate an electronic invoice for offline orders for each product or service ordered by the Customer and send via electronic mail when requested by the Customer. Otherwise, QBS will not send any invoices.
- If your order was placed online from the web site directly, an invoice will be generated at the time of the order and will be available for a minimum of 90 days online at which time it may be archived or deleted from the system.
- If your order was placed where you signed a Recurring Charge Permission Sheet, invoices will not be sent unless requested by customer. No prior notification of charges to the customer's account will be sent. The Recurring Charge Permission Sheet indicates the dates when charges will be charged, and only in the case of special agreed upon arrangements by both parties will those change.
- Customer may email to request a quarterly or annual report of purchases. Any additional terms and conditions set forth on Invoices or Estimates as provided by QBS and herein and will stand in their entirety and are printed on each invoice or estimate which does not have to be signed by the Customer.
SUBMISSION (SES) POLICY:
- If search engine submission services are ordered, QBS nor its officers, directors, employees, agents, assigns make no guarantees that the customer will earn money or achieve any specific positioning or placement on any search engine and will hold QBS NOT liable for any reason for any loss as a result of providing these services. In addition, should these services be ordered or performed by QBS, QBS will request that NO Meta Tags or coding relating to Meta Tags, Alt Tags or Hidden Tags be altered in any shape or fashion without notifying QBS in writing of such a change.
- The Customer understands and agrees that QBS is NOT an authorized merchant representative and that QBS will NOT assist in the paperwork or the approval process of the Customer to enable the Customer to accept credit cards for electronic payment on their web site. The Customer is solely responsible for choosing their Merchant provider and getting approval via their merchant provider. QBS will not be held liable for any reason should the Customer be denied approval by any merchant processor.
WARRANTIES AND REMEDIES:
- Customer understands that the Internet is not owned, operated, managed by or in any way affiliated with QBS and that all content, services, information and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with QBS or its affiliates. Use of the Internet by Customer, Customer’s customers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable laws. QBS does not warrant that the Internet Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Internet Services, is free of viruses, disabling code, worms, or any other harmful components.
- Without limiting anything contained herein, Customer further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Customer’s access to such materials are at Customer’s own risk. QBS has no control over and accepts no responsibility or liability of any kind for such materials.
- Internet services are provided on an “AS IS” basis without warranties of any kind. QBS disclaims all warranties, oral or written, expressed, implied or statutory, including without limitation the warranties of title and non-infringement, and the implied warranties of merchantability and fitness for a particular purpose, with regard to any merchandise, information or service provided through the Internet or any transactions conducted on the Internet.
- In no event shall QBS, its affiliates, officers, directors, employees, agents or assigns be liable for any damages, including but not limited to, lost profits, loss of business, indirect, incidental, special, exemplary, punitive or consequential damages that result in any way from customer’s or its authorized users’ reliance on or use of content, information, services or merchandise provided on or through the Internet services, or that result from or are related to, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance of any kind, even if QBS has been advised of the possibility of such damages.
- Customer shall defend, indemnify and hold harmless QBS, its affiliates, owners, shareholders, officers, directors, employees, agents and assigns from and against all lawsuits, claims or actions, threatened claims or actions, liabilities, demands, judgments, injuries, losses, costs and expenses, including but not limited to reasonable attorney’s fees, relating to or arising from:
- the use of the Internet Services or the Internet in general or the placement or transmission of any message, information, software or other materials or content on the Internet by Customer or its authorized users;
- willful misconduct or negligent acts of Customer, its authorized users, agents or contractors in connection with the terms herein;
- infringement of any patent, trademark, copyright or any other proprietary rights arising from or relating to the use of any equipment, software, including but not limited to domain names, images, logos etc..., or system used by the Customer; and
- for any outage in service provided by QBS as a result of viruses, hardware failure, software failure or for any reason whatsoever; and the violation of any Laws or other regulations
- QBS, nor its affiliates, guarantee results to the Customer of any type of advertisement including search engine submission made on behalf of the Customer and as such will be held harmless from any claims or actions, threats, liabilities, demands, judgments, injuries, losses, costs and expenses resulting from any national or local advertisement that QBS and/or its affiliates provide in an effort to create traffic to the Customer's web site.
- QBS will not be held liable or responsible in any way for any of its affiliates or its assigns, representatives or employees of said affiliate the following: actions, promises, understandings, advertisements, product provided by affiliate to Customer, or agreement in writing or verbally that any affiliate or its assigns, representatives or employees may have with the Customer.
- Although QBS makes reasonable efforts to keep material on this web site current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this site without delay. Therefore, you should not act upon any information on this website without seeking professional counsel if you have questions.
- QBS makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall QBS or any of its partners, associates, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.
- Some links within our web site may lead you to other sites (third-party sites). QBS does not have control over those sites and is not responsible for their content or your reliance on the information contained there. Our links to third-party sites do not necessarily create an endorsement or approval of any content on those sites.
- Once you go to a third-party site, you do so at your own risk.
- You are subject to the terms, conditions of use and privacy policies of the third-party site.
You further agree:
- that you will not disrupt or interfere with another user's use or enjoyment of the Services;
- that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, the Services, system resources or accounts, or any servers or networks connected to the Services;
- that you will not attempt to obtain unauthorized access to Services, or to private lists on the Services;
- that you are solely responsible for your actions in relation to Services, and for any communications transmitted under your account;
- that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from our Website;
- that you will not forge header or address information or otherwise impersonate another or create a false identity;
- that you will not disrupt the normal operations of the Services or cause any substantial change in the usual content or frequency of emails sent using the Services;
- that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
- that you will comply with all applicable local, state, federal, national and international laws and regulations, including without limitation those related to privacy and data collection as well as CAN SPAM LAWS.
- You agree that you will not SPAM or send UNSOLICITED EMAIL using any of our servers or any domain that is hosted, managed or serviced by us.
- You agree that we may in our sole discretion remove any material that appears to violate any of the foregoing, and may immediately limit or terminate your account or access if it appears you have violated any of the provisions as described herein.
- that you hereby authorize us to charge your credit card in advance for the applicable products and/or services you ordered from us whether online, via phone or fax, or via email without your signature.
- that you understand that our databases, when available, are sold as is. All Database rentals or sales are final. No refunds or credits.
GOVERNING LAW & VENUE
- If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
- You are prohibited from reselling any databases, mailing lists, or email lists that we may provide to you.
- You are prohibiting from attempting to interfere with the proper function of this site.
- You are prohibited from forging any email addresses.
- You are prohibited from framing any content of this web site.
- You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the web site of QBS whether or not enumerated here. If you have any questions about your obligations set out here, you should contact QBS to clarify your questions.
GUARANTEE FOR PRINTING PROJECTS
Quantum guarantees a high quality print job on all full color offset gang-run printing. Quantum is committed to providing you with amazing products at below retail pricing! Please note that due to the nature of our full-color printing, we cannot print every color available. We do not color match; therefore, we offer print industry's standard phrase of respectable color and will make every rational effort to print your product as close to the colors you have provided as possible. If you are not satisfied with the quality of the finished printed product, and your product exhibits issues as listed below in our Satisfaction of Quality Guarantee you can send it back to us and we will reprint it at our expense.
We offer a Satisfaction of Quality Guarantee to ALL of our customers for the print products that we sell. Satisfaction of Quality will be defined as and is limited to ONLY the items below as follows:
- Improper cutting or folding (this means cuts and/or folds were improper based on your proof approval)
- Poor print quality (meaning smudges, light or smeared printing or improper registration)
- Registration shifting (meaning colors are not registered properly)
Satisfaction of Quality Guarantee does NOT include and is not limited to the following:
- Excludes any alterations to any artwork or alterations to the proof that you approved.
- Alterations to artwork or proof after proof approval has been signed off on, will be a charged item.
- All other items will not be covered under the Satisfaction Guarantee, and will be considered a charged reprint.
- The Proof Approval you sign will be enforced in its entirety.
- Typographical, punctuation or grammatical errors are not included.
- Layout and Design alterations are not included.
- Change of Graphics.
- Damaged Fonts.
- Incorrect Numbering if caused by your direction.
- Color differences from proof to finished product. We do not color match.
- If you need to see what your colors will print as and can not rely on your monitor to determine colors, due to the variation that may occur from monitor to monitor, you can always order a "Press Proof" where we will actually run a proof on the press of the final product and mail the proof to you, prior to you signing off on the proof. Please let the representative know or indicate on your email, that you require a Press Proof. Press Proofs are quoted different per item ordered. We will provide a quote for the Press Proof on the item(s) you request and your approval of the price will be required, in writing, prior to running the Press Proof.
Disclaimer Note: Colors are not always accurately displayed in the proofing process and may appear slightly brighter or different than the final product. If any issue should arise with the quality of your product, please contact us.
GENERAL USER LICENSE AGREEMENT SOFTWARE, IMAGES & DESIGN - DESIGN OF ARTWORK & IMAGES LICENSE hereafter "DESIGN PRODUCTS":
- Each of the DESIGN PRODUCT ordered are protected by United States copyright laws and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All of the DESIGN PRODUCTS mentioned above are licensed, not sold.
- Quantum, including but not limited to, via third party licensing, grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images provided or designed by QBS for use in print media or on the web.
- Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. Notwithstanding the License Grant herein, you may not: Sub-license, re-license, rent or lease any of the Images or Design; Copy or publish any of the Images or Design to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Quantum. Use any of the Images or Design for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner. Use any of the Images or Design to promote a business that sells or licenses photographic images, or otherwise competes with Quantum in any manner. Use an Image or Design in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
- No model releases or other releases exist on any Images unless a network photographer specifies the existence of such release in writing to you. You shall indemnify Quantum against all claims arising out of the use of any Images or Designs where the existence of such release has not been specified in writing by a network photographer. In any event, the limit of liability of Quantum shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold Quantum harmless from all claims for the use of the Images or Design, including defamatory use. Quantum gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image or Design, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED.
- If any Image or Design featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
- Subject to the terms herein Quantum grants you a personal, nontransferable, nonexclusive user's license to use the Software Files and Images you have selected on a Quantum Server ONLY and to use the software files, image(s) and any derivative works or copies (collectively, the "Image(s)") on a Quantum Server and with one user logged into the administrative panel at a time. The Images may not be copied, modified or incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public without purchasing and paying for an extended user's or special distributor's license. Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Quantum represents that it has the right to grant the license or grant usage of items herein based on their licensing terms. Unless otherwise agreed, use of any licensed Image is granted in the United States only and is limited to the period of time indicated on the invoice from the date indicated on the invoice. All other rights are reserved to Quantum. Licensee may not alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make not a back-up copy of the Image(s) for internal back-up purposes provided Quantum's copyright and/or its third party vendor copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are not permitted to third parties integral to the creation of the final product.
- Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
- Any Internet, intranet, Online or web-based media provided the resolution of the images that does not exceed 72dpi;
- Broadcast and theatrical exhibitions;
- Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s); and
- Additional uses approved in writing by Quantum and/or as may be required with permission of third party vendor
- Files are to be stored ONLY on a Quantum Server. No off server locations are permitted.
RESTRICTIONS TO THE USAGE OF IMAGES - The following uses are prohibited:
- Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
- Create any derivative use of an Image unless indicated on the invoice.
- Sub license, re-license, rent or lease any of the Images
- Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
- Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
- Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Quantum.
- Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
- Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Quantum in any manner.
- Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
- Quantum reserves the right to automatically terminate any licenses contained for the customer without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Software or licensed items.
- Quantum reserves the right to discontinue the use of any Image for any reason and may elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.
- The license will terminate automatically without notice from Quantum if Licensee fails to comply with any provision of this Agreement.
- Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of Quantum, return the Images to Quantum, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).
RETENTION OF DIGITAL FILES
- Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. Quantum's copyright information or its third party association vendor and Image identification number must be retained with the digital files while you retain them.
Delivery of Images other than Digital Files - RETURN PERIOD AND HOLDING FEES FOR IMAGES:
- Images other than digital files are to be returned within four (4) months after date of invoice, except in cases of outright purchase. User agrees to pay, as reasonable charges, the sum of $5.00 per week per image after such 4-month period to date of return. NOTE THIS IS NOT A BAILMENT. Holding fees will accrue for one year from the stipulated return date, after which unreturned Images shall be deemed to be lost and you will be billed for lost Image fees in accordance with the Liquidated Damages provisions below. Payment of Lost or Damage fees does not entitle you to any rights whatsoever in the Images, which must be returned to Quantum immediately if subsequently found. You will then be liable for holding fees rather than Lost Fees, whichever is less.
RESPONSIBILITY FOR ORIGINAL IMAGES
- If original Images are delivered to User, User is responsible for loss or damage to the Images delivered to them, from time of receipt until their return to QBS. User shall be responsible for safe delivery and return of Images to QBS and shall indemnify QBS against any loss or damage to Images in transit or while in the possession of User. This is not considered a bailment and is specifically conditioned upon the item so delivered being returned to QBS in the same condition as delivered. Projection of Images is not permitted. User assumes an insurer's liability herein for the safe and undamaged return of the Images to QBS. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured.
- The monetary damage for loss or damage of an original color transparency or photograph shall be determined by the value of each individual photograph. User agrees, however, that the reasonable value of such lost or damaged photograph or transparency shall be Fifteen Hundred ($1,500) Dollars, and the value of a duplicate transparency shall be Two Hundred Fifty ($250) Dollars, and the value of a black and white print shall be Thirty ($30) Dollars. Quantum agrees to the delivery of the goods herein only upon the express covenant and understanding by User that the terms contained in this section are material to this agreement. User assumes full liability for its employees, agents, assigns, messengers and freelance researchers for the loss, damage or misuse of the Images.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
- In no event shall Quantum or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any products and services sold by QBS, even if Quantum has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Where the exclusion or limitation of liability for consequential or incidental damages does not apply, you are not licensed, authorized or permitted to use any of the SOFTWARE PRODUCTS listed above under any circumstances.
DOWNLOADABLE ITEMS: EARNINGS DISCLAIMER AND LEGAL NOTICE
- EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT ALL OF THE DOWNLOADABLE PRODUCTS (AUDIOS, VIDEOS, EBOOKS ETC) AND THEIR POTENTIAL. DOWNLOADABLE PRODUCTS ARE PROVIDED BY THIRD PARTY AUTHORS THAT QUANTUM HAS BEEN PROVIDED WITH THE RESELLING RIGHTS TO MAKE THE THIRD PARTY PRODUCT(S) AVAILABLE TO THE PUBLIC. QUANTUM IS NOT CONNECTED WITH THOSE THIRD PARTIES IN ANY WAY
- THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING ANY OF THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN ANY OF THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
- ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
- MATERIALS IN ANY DOWNLOADABLE OR COPYRIGHTED PRODUCTS FEATURED ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
- ANY AND ALL FORWARD LOOKING STATEMENTS UTILIZED IN ANY OF THE DOWNLOADABLE PRODUCTS OR ON ANY OF OUR SALES MATERIAL ARE INTENDED BY THE AUTHOR (THIRD PARTY) TO EXPRESS THEIR OPINION OF EARNINGS POTENTIAL AND ARE NOT THE OPINION, CONCLUSION, OR STATEMENTS OF QUANTUM OR ANY OF ITS REPRESENTATIVES. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND QUANTUM IS MAKING NO GUARANTEES THAT YOU WILL ACHIEVE RESULTS SIMILAR THAT ANY PRODUCT INFORMATION OR ANYBODY ELSE WHO MAY IDENTIFY THEIR EARNINGS OR POTENTIAL. IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS WHATSOEVER FROM ANY DOWNLOADABLE PRODUCTS, IDEAS, AUDIOS, VIDEOS, EBOOKS OR TECHNIQUES IDENTIFIED IN ANY MATERIAL, DOWNLOADABLE PRODUCT, SOFTWARE INCLUDING BUT NOT LIMITED TO AREAS RELATED.
- While all attempts have been made to verify 3rd party information provided in this site, neither the Author nor the Publisher assumes any responsibility for errors, omissions, or contrary interpretation of the subject matter herein. This publication is not intended for use as a source of legal or accounting advice. The Publisher wants to stress that the information contained herein may be subject to varying state and/or local laws or regulations. All users are advised to retain competent counsel to determine what state and/or local laws or regulations may apply to the user's particular business. The Purchaser or Reader of this publication assumes responsibility for the use of these materials and information. Adherence to all applicable laws and regulations, federal, state, and local, governing professional licensing, business practices, advertising, and all other aspects of doing business in the United States or any other jurisdiction is the sole responsibility of the Purchaser or Reader. The Author and Publisher assume no responsibility or liability whatsoever on the behalf of any Purchaser or Reader of these materials. Any perceived slights of specific people or organizations are unintentional.
- Terms and conditions, prices, products and/or services provided by QBS and herein are subject to change at anytime without prior notice to any customer
- To contact us: Quantum Business Solutions, LLC by Phone - 512-203-3602, via our Website: www.QBSBiz.com or by Email: .
- QBS reserves the right to refuse service without disclosing a reason.
- All prices are subject to change.
- All material and software Copyright (c) 1998-2011 Quantum Business Solutions, LLC (QBS or Quantum) All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the QBS web site and/or its subsidiaries or the copyrighted property of parties from whom QBS has licensed such property. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the QBS Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. QBS policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
- You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not QBS, are entirely responsible for all Content that you use from our site(s) or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of QBS or any third party. QBS does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will QBS be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only.
- You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree that you are responsible for protecting your password and controlling access to your registered account.
- You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. You acknowledge that QBS does not pre-screen Content, but that QBS and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that QBS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of QBS, its users and the public.
- Customer retains full rights of any text, photographs, images that the Customer may decide to utilize on said website, and is fully responsible for said items and their use as detailed herein.
PRINT, WEB DEVELOPMENT OR DIRECT MAIL ORDER CANCELLATION
- If you need to cancel an order placed online, via email or by phone, please contact QBS immediately to prevent the order from going into production. If the order has gone into production, QBS will issue no refunds or exchanges and no credits will be issued.
- Should the customer have circumstances beyond their control and need to send in a cancellation request to QBS after the first Proof after is issued, cancellation charges of 25% of the total order placed, including all payments on any payment plan, whether paid or not, (monthly hosting fees are not assessed) will be assessed to the Customer at the time of the request of cancellation. QBS has the right, at its sole discretion, to lower the amount below 25%. Cancellation charges are based on all labor hours and any administrative fees (i.e. credit cards fees, setting up email, dns, nameserver information, etc.) at the time that the cancellation request is received. No Credits are issued for Logo or Graphic design services.
RETURNS AND REFUNDS
- Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print, fix the typos on the web site at no charge to the Customer. No Refunds or Credits.
- Printed products: Customer must notify QBS within 3 business days from order delivery to notify us of any defects discovered in the ordered product. If it is deemed by QBS that there is indeed a defect, the Customer must return 100% of the received product within 15 days (at their own expense or QBS may tell the Customer to discard in the trash depending on the circumstances) from the time when the ordered product was delivered.
- All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE OR CREDITED, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer's own expense.
- QBS does not REFUND any order regardless of the circumstances. If it is deemed by QBS that a STORE CREDIT is to be issued, it will be issued and available in the form of a code that you will be able to utilize on your next purchase. Code may have an expiration date attached to it depending on the circumstances.
ORDER SHIPPING AND DELIVERY
- QBS will always act to make sure that any production difficulties do not delay delivery schedules.
- In no case shall QBS be liable for any consequential or damages resulting from any delay in shipment or delivery.
- All QBS customers agree not to hold QBS liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond QBS's direct control. QBS shipment and delivery dates are calculated based upon estimates provided by our suppliers.
- QBS will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
- Please allow one day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for QBS to relay your information and for UPS or carrier to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
- Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply. SHIPPING ERRORS & LOST PACKAGES Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. QBS is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
- When a package is not delivered due to an error made by the customer in submitting the proper shipping address, QBS will reship the package with corrected address and charge an additional shipping fee for the shipment.
- Scope of Service: Quantum and Customer will develop and enter into one or more Service Schedules, statements of work or project orders incorporating a description of the specific services requested by Customer (each, and as modified in writing by the parties from time to time, a "Service Schedule"). If applicable, each Service Schedule will describe items specifically required to be delivered by Quantum to Customer, if any (the "Services"), and the acceptance criteria for each of the Services.
- Further, each Service Schedule will set forth, among other things, project scope, various project activities and tasks to be performed by Quantum for the Customer. Each Service Schedule shall specifically identify and indicate that it is subject to the terms herein.
- To the extent there are any conflicts or inconsistencies between any Service Schedule, and/or the provisions of the signed Agreement or Recurring Charge Permission Sheet shall govern and control utilizing this terms herein as a Standard of Operating Procedure / Policy of Quantum. Quantum will provide to Customer those services described as its obligation in each Service Schedule (collectively, the "Services").
- Fees: Customer shall pay to Quantum the fees and other compensation set forth in each Service Schedule or Recurring Charge Permission Sheet. Services will be rendered provided payments are made in accordance with the agreed upon rates.
- Invoicing and Payment: Unless otherwise specified and agreed to, Quantum will invoice Customer for all charges, and reimbursable items upon inception of any project or work scheduled. Customer agrees to pay the invoiced amount in full upon receipt of invoice for the services itemized on the invoice.
- If an adjustment is required from one invoice to the next, the adjustment will appear on the following invoice.
- Customer further agrees to pay amounts equal to any federal, state or local sales, use, excise, privilege or other taxes or assessments, however designated or levied, relating to any amounts payable by Customer to Quantum per the designated invoice, exclusive of taxes based on Quantum's net income or net worth.
- Term, Termination, and Cancellation: Written Agreements or Recurring Charge Permission Sheets commence on the Date signed and remain in full force and effect, unless terminated by either party as set forth within that specific agreement. In the case where just a Recurring Charge Permission Sheet is utilized, a 30 day written notice via email or fax will be required on the Customer's part in order to stop services.
Termination a Service Schedule as entered into by both parties may occur under only the following conditions:
- Three (3) days after a party's sign the Service Schedule, without penalty. After the 3 Day grace period there is no cancellation permitted without penalty. Such penalty will be defined in the Service Schedule signed by the parties; or
- Five (5) days after one party notifies the other in writing that they are in breach or default of any Service Schedule, unless the negligent party cures such breach or default within such five (5) day period; or
- Five (5) days after the filing of a petition in bankruptcy by or against either party, any insolvency of a party, any appointment of a receiver for such party, or any assignment for the benefit of such party's creditors (a "Bankruptcy Event"), unless such party cures such Bankruptcy Event within the Five (5) day period.
- In all events, Customer shall be liable for full payment for Services and reimbursement of Quantum's expenses accrued through the effective date of termination or as detailed in their Service Schedule. If it is determined that termination is due to Quantum's inability to fulfill Service Schedule, then Customer can request a full refund for work performed.
Working Arrangements: All Services shall be performed at a Quantum Production Facility or Satellite Office. Customer will ensure that all Customer's personnel who may be necessary or appropriate for the successful performance of the Services will, on reasonable notice:
- Be available to assist Quantum's personnel by answering business, technical and/or operational questions relating to the Service Schedule as well as providing requested documents in a timely manner;
- Participate in the Services as reasonably necessary for performance under a Service Schedule (i.e. proofing the work in a timely manner); and
- Be available to assist Quantum with any other activities or tasks required to complete the Services in accordance with the Service Schedule.
- Quantum Personnel: Neither Quantum nor its personnel are or shall be deemed to be employees of Customer. Quantum shall be responsible for the compensation of its personnel, in addition to any applicable employment taxes, workman's compensation and any other taxes, insurance or provisions associated with the employment of personnel.
- Confidential Information: The parties acknowledge that in the course of Quantum providing Services for Customer hereunder, each may receive Confidential Information of the other party. Any and all Confidential Information in any form or media obtained by a Recipient shall be held in confidence and shall not be copied, reproduced, or disclosed to third parties for any purpose whatsoever except as necessary in connection with the Services provided under this Agreement. The Recipient further acknowledges that it shall not use such Confidential Information for any purposes other than in connection with the activities contemplated by this Agreement.
- Ownership: Ownership and Proprietary Rights are outlined herein and are applicable for this service and work performed under this service.
- Limitation of Liability: In no event shall Quantum be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to Quantum, Inc in advance or could have been reasonably foreseen by Quantum, and whether in an action based on contract, warranty, strict liability, tor or otherwise. Quantum's maximum aggregate liability for any claim, loss or other liability arising out of, or connected with, any product or service, the Services contemplated for the Customer or Customer's use of any such Services or Services, and whether based upon contract, warranty, strict liability, tort, or otherwise, shall in no case exceed the aggregate amounts paid to Quantum by Customer under any Service Schedule giving rise to such claim during the last one month. Quantum will not be liable for any damages claimed by Customer based upon any third-party claim. Quantum's entire liability and Customer's remedies under this Agreement shall be subject to the limitations contained herein. The limitations on warranty and liability specified herein above and will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Customer for Services reflect these limitations. No action arising out of this Agreement, regardless of the form thereof, may be brought by either party more than six (6) months following the date the cause of action arose, provided, however, that Quantum may bring an action for non-payment of amounts required to be paid by Customer hereunder at any time.
- Notices: All notices, demands and other communications required or permitted hereunder or in connection herewith shall be in writing and shall be deemed to have been duly given if delivered (including by receipt verified facsimile transmission) or via email, to a party at the following address, or to such other address as such party may hereafter specify by notice:
- Refunds: Customer may request a refund at anytime during web development/design engagement. Refunds will only be given after review and at the sole discretion of Quantum, and only if Quantum determines that Customer's requests were not fulfilled due to Quantum's inability. If Quantum determines that refund request is not justified, then refund nor credit will not be given. If Quantum initiates the termination of working agreement, for any reason, then Quantum will refund for any work not completed based on the original quote/estimate for services to be provided to the Customer. Refunds will be paid within 90 days after Quantum terminates work.
- The terms as outlined herein does not license either party to use the other’s name, logo, trademarks, service marks, brands or other similar rights.
- QBS PROVIDES ALL PRODUCTS & SERVICES “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. QBS DISCLAIMS ALL IMPLIED WARRANTIES OF EVERY KIND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
- CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER QBS NOR ITS PRODUCTS & SERVICES ARE NOT RESPONSIBLE FOR THE RESULTS, SUCCESS OR FAILURE OF CUSTOMER’S BUSINESS.
- QBS’ failure to insist upon strict compliance with any term of this Agreement in any instance shall not be construed as a waiver of such term in the future.
- If a provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall be construed as nearly as possible to effectuate the original intentions of the parties.
- Neither party’s failure to perform or delay in performing under this Agreement shall constitute a breach under any provision of this Agreement if the failure or delay is caused by events beyond the party’s reasonable control. If performance becomes possible again after such events no longer prevail, the party whose performance has been affected by such events shall make reasonable efforts to remedy the failure or delay as soon as practical (unless this Agreement has terminated or expired for other reasons).
- The terms as outlined herein shall be governed by and construed under the laws of the State of Texas, without reference to principles of conflicts of laws. Part or all of the obligations under this Agreement are performable in Travis County, Texas. The parties consent to personal jurisdiction in Texas, and agree that venue shall be in Travis County. Customer shall pay all legal costs and expenses and all attorney fees that QBS incurs to enforce its rights or Customer’s obligations under this Agreement.
- The terms as outlined herein, by clicking on acceptance of terms during a checkout or purchase process or using the www.QBSBiz.com web site, signing an Agreement, filling out a Recurring Charge Permission Sheet, Receiving an Invoice for services rendered, signing a Service Schedule, etc... constitutes your acceptance of the terms as detailed herein and will be considered the entire agreement between the parties with respect to its subject matter and supersedes any and all prior or contemporaneous agreements, representations and understandings including any oral or written agreements, representations and understandings with the exception of valuations of files or purchase of ownership which may be outlined in such separate agreement between the parties, if applicable.
- The Terms herein may be changed at anytime by QBS without any notification to the customer.