Terms & Conditions
- TERMS AND CONDITIONS
- Rugged Pilot, LLC
- Revised January, 2023
ACCEPTANCE OF TERMS
All services provided by Rugged Pilot, LLC are subject to the Terms and Conditions of use. By viewing or using our website(s), accepting a written quotation, or paying for our product(s) or services, yourself, and the entity you represent (collectively hereinafter referred to as “you”) agree to be bound by all the Terms and Conditions as stated below without modification. If for any reason you do not agree with the Terms and Conditions as stated below, please do not access our website site, accept a written quotation, or place an order with Rugged Pilot, LLC. An acknowledgement of acceptance must be returned to Rugged Pilot, LLC prior to any order being placed for custom products. A signed and accepted quotation sheet is acceptable acknowledgement.
CHANGE OF TERMS
Rugged Pilot, LLC reserves the right to change the Terms and Conditions at any time and these changes or additions become effective immediately as they become available on www.ruggedpilot.com or any of our other websites. Rugged Pilot, LLC does not assume the obligation to notify you of any changes to the Terms and Conditions. You are responsible for reviewing the Terms and Conditions for any changes and continued use of our website or payment for our products or services constitutes your consent to and acknowledgement of these changes.
INDEMNITY
You agree to indemnify and hold Rugged Pilot, LLC, its parent and affiliate companies, and their respective officers, owners, associates, contractors, vendors, and employees harmless from any and all claims, including reasonable attorneys’ fees, arising out of your breach of any of these Terms and Conditions or in connection with your use of our website or our services. We are not responsible for incidental or consequential damage.
COPYRIGHT
Rugged Pilot, LLC and all its content are protected by copyright laws of the United States and international treaty provisions. © 2020 – 2023 Rugged Pilot, LLC. All rights reserved. Our website, its trademark, and associated logos, may not, in part or in whole, be copied, imitated, reproduced, modified, transmitted, translated, distributed, adapted, or disassembled in any fashion without expressed written permission of Rugged Pilot, LLC management or owners. All artwork created by Rugged Pilot, LLC is copyrighted and may not be used without written permission from Rugged Pilot, LLC management or owners.
Copyright laws also pertain to the content you submit to Rugged Pilot, LLC. Unlicensed or misuse of copyrighted material from books, magazines, newspapers, photographs, web content, writers, artists, composers, publishers, and other authors is strictly prohibited. Rugged Pilot, LLC will not assume the responsibility of checking the content of its client’s submitted materials for copyright violations. Therefore, Rugged Pilot, LLC will not be held accountable for any illegal use of copyrighted material by its clients. We strongly urge you to ensure you have proper permissions, licenses, or legal rights to use specific artwork, including logos, slogans, tag lines, etc. We will not be held responsible for violations on your part.
CUSTOMER CONTENT
You, as the buyer, understand and agree that all content/information (including but not limited to text, graphics, information, and messages) are the responsibility of the sender of that content/information and not Rugged Pilot, LLC. Furthermore, you are responsible for all information and content that you acquire and/or use from the betterdealadvertising.com service. Rugged Pilot, LLC will not proofread your materials or submitted files. We are not responsible for typographical errors, omissions, additions, or artwork resolution in customer provided files. You will not receive a proof if you submit your own files. We will not modify your submitted files and they will be printed as submitted without review by our staff. We assume no liability for errors, omissions, color, or any other problems that arise from your files.
In addition, you agree to abide by all rules and regulations pertaining to on-line decency and appropriate and acceptable content. This means that you agree to the following with regards to any product coming from Rugged Pilot, LLC: You will not upload, post or send any content through the Rugged Pilot, LLC service containing adult or child pornography, or anything indecent, lewd, or obscene; material that threatens to kidnap or injure anyone, threatens to damage the reputation of anyone or harm their personal property, threatens to accuse anyone of a crime, threatens to announce that a person has violated a law/s of the United States, or threatens blackmail; encourages or suggests forcible resistance to any law of the United States, insurrection, or treason; includes fraudulent, libelous or hurtful remarks directed at any other person or business; or infringes upon the intellectual property rights of Rugged Pilot, LLC its affiliates or any other party.
Let it also be known that Rugged Pilot, LLC does not control, nor certify the legitimacy, accuracy and/or quality of any information or content posted by our customers. Rugged Pilot, LLC will not be held liable under any conditions or circumstances for any information, content, or material that you may find indecent or offensive.
Rugged Pilot, LLC reserves the right to remove or refuse any content or information that violates the Terms and Conditions agreement or may otherwise be considered unlawful or objectionable. In addition, you agree that content and or information obtained by Rugged Pilot, LLC may be kept and disclosed if Rugged Pilot, LLC is required to do so by law, or if Rugged Pilot, LLC believes, in good faith, that it is necessary to disclose such content in order to comply with any legal proceeding or processes; uphold or enforce the terms of our services; respond to any claims that the content or information is or may be in violation of the rights of another party; that the content or information may be objectionable or offensive; or that the content/information is necessary to protect the rights or property of the public or Rugged Pilot, LLC in anyway.
SUBMISSION OF ARTWORK OR GRAPHICS
Images, designs, and artwork must be submitted in CMYK format. Rugged Pilot, LLC cannot be held responsible for any color shift that may occur in conversions to CMYK. Images, designs, and artwork must be submitted with a minimum of 300 DPI and CMYK color mode. Customer provided artwork may vary in quality, therefore, Rugged Pilot, LLC cannot be held responsible for pixilated, blurry, or distorted images, typographical errors or omissions in customer provided artwork. Rugged Pilot, LLC will go to print with customer provide files “as is.” In addition, Rugged Pilot, LLC is not responsible for incorrect trim marks or crop marks on customer provided artwork.
COLOR PROOFING & MATCHING
Rugged Pilot, LLC cannot be held responsible for matching colors or ink densities on screen proofs approved by customers. Screen proofs can be used to help display layout, text accuracy, and image placement and proportion, but not color or density. Rugged Pilot, LLC will make every effort to match the gradient density of each color, however, we cannot be held responsible for the final appearance of a color. The appearance of printed colors may be affected by UV, silk, Aqueous or other coatings, including different types of papers, therefore, Rugged Pilot, LLC cannot be held responsible for final color appearance of coated product(s).
ORDER PROOFS
It is the client’s responsibility to review the final proof and layout of all orders prior to actual printing. Once the final proof has been confirmed by the client, no further changes can be made to that order. Please review the final proof carefully prior to completing your order or approving the proof. Rugged Pilot, LLC will not accept responsibility for typographical errors, errors in spelling, grammar, punctuation, graphics, font or content once a proof is approved by the customer. Rugged Pilot, LLC will not be held responsible for errors in finished product sizes, wrong cuts, or missing or incorrect folds. Check your proof carefully prior to approving it. It is the sole responsibility of the client to ensure order accuracy prior to approving their respective proof.
ORDER CANCELLATION
Prior to order approval, Rugged Pilot, LLC allows customers to cancel orders. Cancellation requests may be submitted by email or fax, and we will inform you of any charges depending on the stage of the order. Orders that are cancelled during or after graphic design stages will be charged at the rate of $60 / hour, with a minimum one-hour charge.
Beginning January 1, 2023, orders left on hold for over 30 days will automatically be cancelled.
The cost of labor hours (proof, graphic design, etc.), and administrative fees (credit cards fees, etc.) will be subtracted from the total refund. There will be NO REFUNDS issued for Logo and Graphic design services once AN ORDER HAS BEEN PLACED. NO CANCELLATIONS ON ORDERS PLACED WITH A NO-PROOF OPTION.
RETURNS AND REFUNDS
Customer orders have no re-sale value. Therefore, ALL SALES ARE FINAL. If the error is verifiably due to Rugged Pilot, LLC, we will re-print the order at our cost and ship it via the least costly method of shipping. Any priority shipping will be charged to the customer on reprinted orders. Any additional credit or refund will be offered at the sole discretion of Rugged Pilot, LLC. Any defect(s) discovered in your shipment must be reported to Rugged Pilot, LLC within 3 calendar days of receipt. To qualify for a free replacement order, you must return your entire product (at your own expense) within 5 calendar days from the time the product was delivered to you. All Charges related to expedited orders (rush printing or shipping) are NON-REFUNDABLE UNLESS UPS / FEDEX / DHL FAILS DELIVERY OR DELIVERS DAMAGED PRODUCT. THERE WILL BE A 30% CHARGE TO ALL CHANGES TO AN ORDER RESULTING IN A CREDIT. For orders that are deemed usable, Rugged Pilot, LLC management reserves the right to refund no more than 50% of the total price, at its sole discretion.
SHIPPING AND DELIVERY OF PRODUCTS
Rugged Pilot LLC will always strive to avoid any delays in production or shipping; however, we will not be held responsible for any consequences or damages due to delayed production or delivery. Our shipment and delivery dates are based upon estimates provided by our shipping and printing vendors. Rugged Pilot, LLC will not be responsible for delays in shipments due to shipping company delays, international customs issues, weather conditions or any other circumstances beyond our control. Rugged Pilot, LLC will strive to ensure that all delivery schedules are met in a timely manner but cannot guarantee delivery dates. Once we ship the order, we no longer accept responsibility for the delivery.
However, unexpected production or shipment delays may occur because of technical problems, quality control issues or equipment malfunction or failure. Rush charges/fees will be refunded or waived by Rugged Pilot, LLC where applicable, for a delay caused by technical difficulty. However, order cancellations will not be allowed due to technical difficulty. Discounts, credits, refunds, or incentives may be given at the sole discretion of Rugged Pilot, LLC management.
SHIPPING ERRORS & LOST PACKAGES
To file a lost or damaged claim the following must apply:
(1) Shipment must exceed $50.00; (2) claims can only be placed within 15 days of package shipment. Rugged Pilot, LLC cannot be held responsible for shipping errors, delays or lost or damaged products due to 3rd party errors. In the case that a customer supplies the wrong address causing a package not to be delivered on time, Rugged Pilot, LLC will reship the package (to the correct address) with an additional shipping fee for the re-shipment.
LIMITATIONS & LIABILITY: OUR LIABILITY IS LIMITED TO THE SELLING PRICE OF THE ORDER AND SHALL NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR PROFIT LOST. WE HAVE THE RIGHT TO HOLD CUSTOMER PROPERTY (a lien) AS SECURITY FOR UNPAID BILLS.
Rugged Pilot LLC reserves the right to refuse service to any party for any reason it deems fit.
PLEASE NOTE: ANY SUPPLIED MEDIA WILL NOT BE RETURNED. PLEASE DO NOT SEND ANY ORIGINAL MEDIA. PICTURES WILL BE RETURNED TO CUSTOMERS THAT ORDER BUSINESS CARDS.
RETURNED CHECKS: A $35.00 RETURNED CHECK FEE WILL BE ASSESSED ON ANY FAILED CHECK TRANSACTIONS.
UNPAID / LATE PAID INVOICES:
For any customer that Rugged Pilot, LLC has extended credit terms to, invoices are due by the due date printed on the invoice. For invoices that are paid late, late charges of the amount of 1.5% per month (18% APR) will be assessed and added to the invoice. Any invoice that is more than 30 days late will receive a follow-up letter and invoices. These will have an additional 14 days to remit payment in full to Rugged Pilot, LLC accounts receivable. If payment is not received within the additional 14 days, Rugged Pilot, LLC reserves the right to pursue legal remedy to recover the amount due, including late charges, court costs, and attorney fees. In addition, your account may be reported to credit reporting agencies. If you are having difficulty paying on time, please contact our office at 928-445-8363 to ask about payment arrangements. This is not a guarantee that arrangements can or will be made. Management reserves the right to make these decisions, at its sole discretion.