Terms & Conditions

 

This policy is for A. Honey Creations, LLC DBA Hillsdale Web Design (HWD), Hillsdale Marketing Group (HMG), A. Honey Photography (AHP), Hillsdale Printing Company (HPC), ShareBusinessCard.com, and A. Honey Designs (AHD).  All correspondence can be communicated by phone at 517-320-2543 or by email at info@hillsdalemarketinggroup.com.

 

From here, all DBAs will be referenced as HWD as all correspondence and legality will be conducted under Hillsdale Web Design.

 

Updated 09/22/2020

Notice please read these terms and conditions carefully.

 

By accessing this website and/or placing an order with HWD you agree to be bound by the terms and conditions stated below. If you do not agree to the terms and conditions stated below, please do not access this website or place an order.

 

Any modifications proposed by customers are not part of the parties’ agreement in the absence of HWD’s written acceptance thereof. Any terms or provisions in the order which are any way inconsistent with those herein shall be null and void and the terms and conditions herein shall control. HWD reserves the right to change, modify, or amend these terms and conditions without any notice.

 

Limitation of liability

 

In no event shall HWD or its licensors, suppliers, vendors, officers, director, members, managers, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, profits, or business opportunities, whether or not HWD, has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site, failure to provide services that you order from HWD, or its affiliates, printing errors, or any other matter related to this contract, including without limitation, damages arising from mistake, omission, virus, printing error, delay, or interruption of service. In no event shall HWD, be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

 

Office hours

 

Our office is only open with an appointment.

 

Turnarounds

 

24 Hour production: most orders placed by midnight will ship the following business day. Custom jobs or jobs that require proofs won’t be considered as 24-hour production jobs and may require additional production time. In addition, large orders may require additional processing time. Note that there are “most orders” that are available for 24-hour production and we do not guarantee that your job will go out the next business day. While we do make every accommodation to honor this turn around, various factors such as equipment failures, technical difficulties, or anything else outlined under the “order shipping and delivery” section of this document may affect our turnaround time.

 

Warranty / returns / refunds

 

HWD warrants that the products and/or services will be free from defects in material and workmanship and will conform to any specification agreed to by HWD in writing. This warranty shall extend for the notification and return period specified below and shall apply only to the original customer and only to those products which upon HWD’s examination disclose to its satisfaction that the products and/or services in question were in fact defective. This warranty is expressly in lieu of all other warranties expressed or implied including the warranties of merchantability and fitness for a particular purpose of use and of all other obligations or liabilities on HWD’s part. This warranty shall not apply to any product which has been subject to accident, negligence, alteration, abuse or misuse, or that has been installed. Since all orders are unique to the customer, all sales are final. If we verify that we made an error, we will re-print the order, as our sole and exclusive obligation related thereto, and as the customer’s exclusive remedy. Customers must notify HWD in person, by phone, by message center, or by email within 5 business days of the customer's receipt of the ordered products if there are any defects discovered in the ordered product or the claim will be denied. In order to properly identify any issues with the product, HWD reserves the right to request photos or return of the product for verification. If your package arrives damaged, we suggest first reporting the package as damaged with the delivering driver. Make sure to take photos of the damage to the package as well as the damage to its contents/product. If we are not given proper documentation to file a claim (photos of the product and package), the claim and reorder will be the customer’s responsibility and we cannot guarantee that you will be reimbursed for your reprint. This is for the sake of honesty and quality control. HWD will not assume that a product is printed incorrectly based solely on a customer’s word.

 

Customer content

 

You understand that all information, data, text, photographs, graphics, messages or other material (“content”) are the sole responsibility of the person from which such content originated. This means that you, and not HWD, are entirely responsible for all content that you send, upload, post or transmit. 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 HWD to send, upload, post or otherwise transmit any content that contains (i) child pornography or anything that HWD determines to be 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/extortion; (iii) any matter advocating or urging the violation of liberties granted to living beings by their creator; (iv) any defamatory remarks directed at any individual person; or (v) any content that infringes the intellectual property rights or other proprietary rights of HWD, or any third party. HWD does not control content posted by customers and does not guarantee the accuracy, integrity or quality of the content. Under no circumstance will HWD 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 the customer’s 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 acknowledge that HWD does not pre-screen content, but that HWD 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 HWD 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 HWD, its customers, users and/or the public. In addition, HWD does not ask for verification of the products or services you are requesting in regard to your official affiliation with the organization you are claiming to represent. We will process your order; however, HWD will not be held liable for any claim of any kind relating to fraudulent use, or alleged fraudulent use, of products purchased. Governing law HWD is based in Hillsdale county, mi and all transactions shall be deemed to have taken place at HWD’s facility. Any legal action or proceeding relating to or arising from your access to or use of this site or your placing of any order shall be instituted solely in a court of competent jurisdiction located in Hillsdale County, Michigan. You agree to submit to the exclusive jurisdiction of the courts of Hillsdale County, Michigan that venue in these courts is proper in any such legal action or proceeding, and that you will not claim such venue to be an inconvenient forum.

 

Indemnity

 

You agree that you shall indemnify and defend HWD, and all parties from whom HWD, has licensed portions of content, together with their respective directors, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these terms and conditions or any other terms of your order, (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products, and (ii) any misrepresentation or violation of applicable law made or committed by you or on your behalf.

 

Order approval

 

Customer is fully responsible for the creation of, laying out of, and proofing of all content. HWD recommends and accepts print ready art. HWD, is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Fonts, Punctuation, Die lines, Crop marks, Transparency, Overprint, Finished product size, Wrong telephone number or address, HWD does not make any changes to customer files. Customer submitted artwork or graphics All images should be provided in RGB format at full scale. Files should be created with the proper RGB color profile on a properly calibrated computer screen for best color results. HWD is not responsible for any color shift that occurs in color space conversions. All artwork, designs and images must be provided in a minimum of 150 DPI and RGB color space. HWD, is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork. HWD will use commercially reasonable efforts to make sure the prints come out as good as they can. Color proofing and matching PMS color matching is available upon request for no additional charge to your order. If there is a color you need matched, a PMS color code will need to be specified at time of order. We will not match any other color charts (paint charts, 3m vinyl charts, customer provided color charts, etc.). HWD is not liable for color matching or proofing files ordered without a color match specified in the HWD order process. Order cancellation HWD will be happy to help you cancel your order prior to printing. Only those orders that have not been printed or where the printing process has not yet been started will be considered for cancellation. HWD is not responsible for any duplicated orders that are placed on our website due to the customer mistake. Rush processing Rush processing is available on most products. The HWD website will display rush processing options and additional fees at the time of checkout, and we will use commercially reasonable efforts to meet this agreed upon rush production time. Order shipping and delivery HWD will always use commercially reasonable efforts to make sure that any production difficulties do not delay delivery schedules. In no case shall HWD, be liable for any direct or indirect, or any consequential or other damages resulting from any delay in shipment or delivery. All HWD customers agree to not hold HWD liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond HWD’s reasonable control. HWD’s shipment and delivery dates are calculated based upon estimates provided by our suppliers and are not guaranteed. HWD will always use commercially reasonable efforts to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and/or technical problems or other unforeseen events 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 and related delay in delivery will not be grounds for order cancellation or refund. HWD will not be held liable for any and all “acts of god” which may impede on our ability to process and ship your order. Acts of god include anything that is out of human control or prevention. This includes, but is not limited to, flooding, earthquakes, sudden loss of a key member of management, epidemics, plagues, tornados, hurricanes, rapid climate shift, fire, lightning strikes, or a change in the earth’s gravitational pull. In addition, HWD will not be held responsible for any and all “acts of society” which may impede on our ability to process and ship your order. Acts of society include anything that is created by other humans that is beyond our reasonable control. (Of both the labor and management) and will hinder our work process. This includes, but is not limited to, acts of war, foreign invasion, acts of terrorism, heinous criminal acts (such as arson or murder), sabotage on our equipment, computers, or vehicles, bio terrorism, labor strikes, management lockouts, being denied physical entrance to our work place by any means ( a riot, mob, motor vehicle has crashed into our building, the building is surrounded by a blockade, etc.), Or any changes in the local, state, federal, or global political spectrum and all legislative, executive, or judicial law enacted by these bodies that may affect our work. HWD can only use its own shipping account and will not use customer provided account numbers for any couriers. Orders must be shipped at whole quantities and may not be split up.

 

Payment and processing

 

HWD will not process any order until we have received payment for it; that means that your credit card is charged when you place your order with us, not when it ships. Please understand if there are any other charges, we will contact you to charge your card again over the phone. We do not keep your credit card information on hand for any reason, once it is charged it goes through our card processor. We keep the last 4 digits only so that you can reference the credit card you used to make your purchase. If you choose to pay via check or money order, you must specify the order number that the check is to be applied to on the check for reference. All checks and money orders must be made payable to HWD. We will wait until the check clears before we process and ship your order. Until then, your order will remain in our system on hold pending payment processing.

 

Shipping errors & lost packages

 

Lost or damaged shipments must be reported to HWD immediately upon discovering the loss or damage. HWD 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, HWD will reship the package with the corrected address and charge an additional shipping fee for the shipment.

 

Technical difficulties

 

In the event of technical difficulties pertaining to HWD, we cannot be held liable for any technical difficulties that are the result of error on the part of the hosting company, the upstream provider or the end user. Data center issues including any power outages or hardware failures can be faulted to the applicable data center. Customer issues including operating system faults, virus or spyware problems, and browser incompatibilities are not the responsibility of HWD. We recommend that you keep all of your software and virus protection up to date to successfully avoid any issues. Refusal of service We reserve the right to refuse service without disclosing a reason, as permitted by applicable law.

 

Website setup Turnaround

 

Sites vary in turnaround. It depends on the number of pages you have, whether you need content created, or if your site has apps and custom coded features. For example, a 5-page website where content is 100% provided; where there are no added SEO services, where there are only simple apps and no custom codes, these sites can take as little as 2 days sometimes. Alternatively, a 5-page website where content needs to be generated, SEO is the #1 focus, and there are custom created apps and custom created database pages, this site can take an upwards of 2+ months to complete.

 

Website proofing/agreement

 

You will receive one (1) website to proofread. Completing the steps above ensure your site is being built to your standards. We have yet to be asked to completely redo a site. In fact, we have only ever been asked to tweak what we had; colors, fonts, content edits here and there, etc.! That said, your satisfaction is our #1 goal so if your site is not up to the standard you expect, please let us know and within reason, we will adjust accordingly. If your site needs changes because the content you provided or the services you requested change after the steps have been completed, a separate agreement will need to be laid out. If your website is not what you want, even after a second proof has been provided and you/we determine that Hillsdale Web Design is simply not the right company for your needs, we will refund your down payment in full. However, if you continue to have us make adjustments to your site after the 2nd proof, we will take this as an agreement that you and your business/company are prepared to continue with our agreement and no refunds will be provided. If after the 3rd proof, you decide you are not satisfied and would like to take your business elsewhere, our agreement to continue services and enter into a monthly payment plan for the remaining balance and host, domain, minor maintenance and any other separate agreement will be null in void with the understand that the down payment will not be refunded at any time.

 

Website training, adjustments and monthly payments

 

As soon as you say your site is ready to be shared to the world, you will have 1 month of support in training on how to use your website (if you want to learn that is, or we can always go into a separate agreement of website management) and during this time, we can make any minor adjustments needed. At the end of the month, we will go into your monthly agreement to pay for the host, domain, and minor maintenance, keeping a credit/debit card or banking transfer on file which we will charge each month either on the 1st or 15th of the month, your choice. If you need changes after the month is up, a separate agreement must be made. A step-by-step guide on setting your website can be found here.

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