TERMS AND CONDITIONS

SECTION 1. ENTIRE AGREEMENT MODIFICATIONS AND SUCCESSOR’S INTEREST

It is understood that this agreement constitutes the entire purchase agreement between the parties hereto and supersedes all prior representations, understandings and agreements. It is further understood that the terms of this agreement cannot be waived, amended or modified in any way except by written agreement signed by Client and by an executive officer of MasterGraphics.aec

SECTION 2. HOLD HARMLESS

Client agrees to hold MasterGraphics.aec harmless from any and all claims and demands made on account of loss of business, loss of trade, or loss of information due to any alleged defect in materials or labor.

SECTION 3. CHOICE OF LAW AND ADMISSABILITY OF COPIES OF CONTRACT

The laws of Colorado and United States govern these terms and conditions. By using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Colorado courts in all disputes arising out of such access. This agreement or contract referencing this agreement is to be signed by Client and it is agreed and stipulated that a signed copy of this agreement or referencing contract may be admitted into evidence in any litigation relating to the enforcement of this agreement.

If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of MasterGraphics.aec to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and
Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each provision.

SECTION 4. SCOPE OF LIABILITY

To the fullest extent permitted by law, the total liability, in the aggregate, of MasterGraphics.aec and its Officers, Directors, Employees, Agents and Consultants, Client and anyone claiming by, through or Client, for any and all injuries, claims, losses, expenses or damages whatsoever, including but not limited to negligence, errors, omissions, strict liability or breach of contract of MasterGraphics.aec and its Officers, Directors, Employees, Agents or Consultants, or any of the above, shall be MasterGraphics.aec redoing or performing the Services in question in accordance with the terms at no additional cost or to return the fee appropriated to the defective services. In the event MasterGraphics.aec or its successors cease to exist, all training and service contracts will be null and void.

SECTION 5. PAYMENT

MasterGraphics.aec accepts payment by all major credit cards, electronic funds transfer as well as by purchase order. Purchase order may be subject to a credit application and written approval by an executive officer of MasterGraphics. aec.

SECTION 6. PAYMENT TERMS

SECTION 6A. GOODS SOLD

100% due at time of purchase unless approved in writing by an executive officer of MasterGraphics.aec. All goods remain the property of the Company until paid for in full.

SECTION 6B. SERVICES

Regardless of predefined payment terms established between Client and MasterGraphics.aec, most services from MasterGraphics.aec require payment prior to resources being scheduled. All dates provided are tentative and subject to change prior to payment receipt.

The following table defines actual payment terms per service type, unless otherwise noted on Quote or Statement of Work.

 

Service Type Down Payment Final Payment
Public Training Class 100% Invoiced Upon Registration N/A
Annual Agreement – Support or Training 100% Invoiced Upon Start of Contract N/A
Requirements Gathering/Assessment 100% Payment Req’d to Schedule Resources N/A
Project under $7,500 100% Invoiced to Schedule Resources N/A
Project over $7,500 – No Milestones 50% Payment Req’d to Schedule Resources Defined in Statement of Work
Project over $7,500 – Defined Milestones Defined in Statement of Work Defined in Statement of Work
Design Technology Services Agreement Defined in Services Agreement Defined in Services Agreement

 

SECTION 7. SCHEDULING AND CANCELLATION

SECTION 7A. PUBLIC TRAINING (INCLUDING TRAINING AGREEMENTS)

Class registrations may be cancelled or rescheduled 6 business days prior to start of class without penalty. Cancellations or rescheduling within 6 business days are subject to a 25% of the tuition penalty or $150 per day penalty at the time of notice back to the 6 business day mark, whichever is less. Attendee substitutions are permitted without penalty prior to start of class.

SECTION 7B. SERVICES

Scheduled services may be cancelled or rescheduled 6 business days prior to scheduled date without penalty. Cancellations or rescheduling within 6 business days are subject to a $150 per day penalty at the time of notice back to the 6 business day mark, up to $1500 max, plus any non-refundable travel, airfare, and hotel accommodations fees. Services not scheduled and started within one year of purchase, are subject to cancellation without refund.

SECTION 8. CONFIDENTIALITY

All information exchanged during this services engagement is protected by the strictest confidentiality. Only authorized employees on a need to know basis have access to Client information. All information provided by Client remains as the sole property of Client and will not be distributed without the expressed written consent of the Client.

Client records will not be divulged to any third party, other than our manufacturer/supplier(s) or if legally required to do so to the appropriate authorities. Clients have the right to request copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written
information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

SECTION 9. CONSENT TO RECEIVE EMAIL

Clients business with MasterGraphics.aec constitutes consent to receive email communications from MasterGraphics.aec, including messages regarding Client service information and other matters. Any emails sent by MasterGraphics.aec will be in connection with the provision of agreed services and products.

SECTION 10. NON-SOLICITATION

Client recognizes that MasterGraphics.aec‘s employees/consultants are assets that have been heavily invested in and developed to perform unique & specialized services. During the Term of this Agreement and for a period of six (6) months thereafter, Client will not, and will ensure that its affiliates will not, directly or indirectly: (i) solicit for employment or for performance of any services any person employed by MasterGraphics.aec or (ii) hire or engage for any services any person employed by MasterGraphics.aec. In the event of a breach of this non-solicitation clause, Client agrees to pay MasterGraphics.aec compensation equal to fifty percent (50%) of the MasterGraphics.aec employee’s yearly salary at the rate as of time of separation as liquidated damages, which Client agrees is fair and reasonable compensation for MasterGraphics.aec.

SECTION 11. NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use
signifies your acceptance of any adjustment to these terms. Any changes to our privacy policy will be posted on our web
site prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and MasterGrapics.aec. Your undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

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