BY VISITING MEDIABYSHAIRI.WIXSITE.COM/MEDIA , YOU ARE CONSENTING TO THE BELOW TERMS AND CONDITIONS: ALL TERMS AND CONDITIONS ARE SUBJECT TO REVISION. We may at any time make amendments to these Terms and Conditions. Such amendments are effective immediately upon us posting the new Terms and Conditions on this site. Any use of the site or service by you means you accept and agree to be bound by these amendments. We reserve the right to update any portion of our site and service, including these Terms and Conditions at any time. We will post the most recent versions to the site and list the date at the bottom of our Terms and Conditions page.
LAST UPDATED APRIL 2022
OVERVIEW:
The terms “we”, “us” and “our” refer to Media By Shairi, LLC (MBS).The term “site” or “sites” refers to www.mediabyshairi.wixsite.com/media and all other sites, accounts and profiles connected with Media By Shairi, LLC. The terms “user”, “you” and “your” refer to the site’s visitors, readers, customers, clients and any other user of the site. Media By Shairi, LLC provides services in Graphic Design, Logo Design, Branding, Consulting, Printing, Video Production, Video Editing and Photography – hereby collectively referred to as “service” or “services”. By visiting our site and/or purchasing something from us, you are engaging in our “service” or “services”.
TERMS & CONDITIONS:
The use of www.mediabyshairi.wixsite.com/media, including all presented materials and all online services provided by Media By Shairi, LLC are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, readers, customers, clients and all other users of the site. By using the site or any number of the services, you agree that you’ve read and understand these Terms and Conditions, without modification, and agree to be bound by them. We have made every effort to display as accurately as possible the colors and images in our descriptions of products and services. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services or products that we offer. All descriptions of services, products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service or product at any time. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the services or products will be corrected.
LIMITATION OF LIABILITY:
You agree that we, under no circumstances, shall not be liable for direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising out of your use of the site or service. Additionally, we are not liable for damages in connection with (a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (b) loss of revenue, anticipated profits, business, savings, goodwill or data; and (c) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort or any other theory of legal liability. The applies even if Media By Shairi, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the service you have purchased from us, and if no purchase has been made by you, our cumulative liability to you shall not exceed $100.
LAWFUL PURPOSE:
You may use the site and any service for lawful purposes only. You agree that you are financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only. You shall not post or transmit through the site any material which violates or infringes the rights of others, is copyrighted by someone other than you, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE/RIGHT OF WITHDRAWAL:
All services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the site or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment and start of work. Our discovery of new information, changes, flagged orders or other factors tending to circumvent our policies and Terms and Conditions could result in our withdrawal. Noncooperation, changes of timeline or scope of work, disrespectful or ugly behavior, missed appointments or late payments are all examples of contributing factors. If we initiate the withdrawal process, all fees and deposits will be returned, except fair market value for all services and/or products already provided – at our current hourly rate, rounded to the next half hour.
CLOSING/ABANDONMENT OF PROJECT:
If we get to your order and you have not submitted required information to complete within three (3) days (after your original order date), you will lose priority service, your order will be closed, if that happens, you will have to create a new order. Your order does not officially go into queue until all required information is received, you will receive a follow-up email.
If you do not send all the information we require to complete your order within two (2) attempts (after your original order date), your order is considered abandoned. If that happens, we are no longer obligated to continue services with you.
If we agreed to put your order on hold for a specific amount of time, your timelines will start at the end of that hold period. For example, if you put your order on hold for 2 weeks (14 days) – your timeline will start on day 15. Please do not order until you are ready.
PRODUCT DESCRIPTIONS:
While we strive to describe the service as accurately as possible, please do not assume that the site is completely accurate, current or error-free. Sometimes we don’t get enough sleep and mistakes happen. We’re human. With that said, we reserve the right to refuse or cancel any order with incorrect information and/or incorrect price listing.
DRAFTS AND REVISIONS:
Media By Shairi, LLC has a three (3) complimentary revision limit per project. If client is not satisfied after the third (3) complimentary revision, Media By Shairi, LLC will charge $15 per additional revision client requests. Revisions include, but are not limited to, fonts, color, sizing, layout prices for extra revisions vary, depending on the design and complexity of changes requested. Major revisions, such as design changes or additional concepts, will cost more. Your complimentary revisions expires after order your is closed. It does not roll over. You cannot save it for a later date. Work includes only the final, deliverable art, and not any preliminary work or sketches. All draft work is property of Media By Shairi, LLC and may not be used in any format. You shall not upload, post or otherwise make available on the site or in any emails relating to any order you place on the site any artwork, photos or other materials (collectively “materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Media By Shairi, LLC from any claim against us resulting from your posting of materials to the site or emailing them in relation to any order you place on this site. For all materials submitted by you to the site or by email relating to any order placed on this site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations or rights of third parties. We reserve the right to remove from the site any materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
CLIENT COMMUNICATION:
All communication done by Media By Shairi, LLC and the client is done via email, in order to protect our brand and the client's brand. While phone calls are not allowed, Media By Shairi, LLC also allows communication to be done via text message / iMessage. All messages are responded to within 72 business hours, however at peak times, responses can be delayed. If work is purchased, and client does not complete required information within three (3) attempts, there is a $199 restart fee.
PAYMENTS, REFUNDS AND CANCELLATIONS:
For projects $300 and under, payment must be made in full before any work begins. Projects over $500 require a 50% NON-REFUNDABLE DEPOSIT beforehand. Balance due upon completion. Payment should be made in the method and manner specified by Media By Shairi, LLC. Payments can be made via invoicing (debit card, credit card), as well as Cash App, Venmo and Apple Pay. No project shall be started on without proper payment received. ALL SALES ARE FINAL. Media By Shairi, LLC does not provide refunds for any services. ALL PAYMENTS MADE ARE NON-REFUNDABLE. Once a payment has been made, the sale is final. UNPAID INVOICES AND PROJECTS ARE CANCELED AFTER 5 BUSINESS DAYS. If a project is started and partial work has already been received by the client and they choose to cancel, the partial or full payment that has been paid will not be refunded. If for any reason the client no longer wants or cancels services, no payment shall be refunded, and it then becomes forfeited by the client.
ACCURACY OF BILLING AND ACCOUNT INFORMATION:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by other designers, dealers, resellers, outsourcers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that you are financially responsible for all purchases made by you or someone acting on your behalf through our site.
ORDER CONFIRMATION:
You should receive a receipt via email to confirm payment for any order, subscription or service. If you do not receive a receipt via email, it is your responsibility to inform us as soon as possible. If you’ve signed up for a subscription, your subscription will renew automatically and your credit or debit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period, at any time. Your subscription will start as soon as your credit or debit card is successfully charged. If you have submitted a retainer fee, down payment, deposit or payment in full for a service, Media By Shairi, LLC has the exclusive right to deny service if deemed necessary, without any reason for doing so. If service is denied, a refund will be provided in full.
CHARGEBACKS:
You are liable for any chargebacks and these represent a debt immediately payable from you to us. You are solely liable for the full amount of all chargebacks plus any associated fees, fines, expenses or penalties. Media By Shairi, LLC may recover these amounts by debiting your account or setting off any amount owed by you. You agree to cooperate and provide all information requests for the purposes of investigating, contesting and/or resolving a chargeback. We will send such requests to the email address you provided for your order. You must provide a full response to the request within five (5) business days. If you do not respond within five (5) business days, you will no longer have permission to use your designs, products and/or services provided for the transaction and/or order in dispute.
PRINT QUALITY:
When ordering prints, you are aware that color dyes may fade or discolor over time due to the inherent qualities of dyes and you release me from any liability for any claims whatsoever based upon fading or discoloration. Be advised that image color and brightness may vary greatly from monitor to monitor. Inspect proofs/designs/images carefully – once images and prints are ordered – ALL SALES ARE FINAL. Please be aware that industry standards allow a potential shift in product of 1/16″-1/8″ of an inch with card, paper or printed label items. So sometimes your printed item may NOT be perfectly centered. We typically over run your order to make up for this as most printing companies do as well, but please be advised if you are ordering a printed item. The industry standards allows for a slight variation in print colors. These variations are common and depends on a variety of factors including type of paper, finish, texture, etc. You release me from any liability for any claims whatsoever based upon print color variations, fading or discoloration or printed text or graphics not being perfectly centered.
PROCESSING/SHIPPING TIMES:
Digital work is to be delivered no later than 16 BUSINESS DAYS. 8 BUSINESS WEEKS FOR LARGER PROJECTS, but Media By Shairi, LLC agrees that the date of delivery is not material to this agreement. We are all human, In the event we are not able to provide service on scheduled dates, times and/or timelines due to other causes beyond control – including, but not limited to: fire or other casualty, illness or other emergencies emergencies, theft, computer / tech failure, and Acts of God. worldly emergencies, or other crises. No finalized files will be delivered until balance is paid off. We can’t guarantee our work will be error-free and can’t be liable to you or any third-party for damages, including lost profits, lost data or content, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Nor can we guarantee the salability or marketability of the design(s) and/or any advice given. Any added requests from you may result in added time and/or costs for service and project completion. We are allowed to use third party’s as independent contractors in connection with any and all services. All printed items are shipped 14-21 BUSINESS DAYS. Business days means holidays and/or weekends not included. Remember this is only an estimate. ***SOMETIMES ORDERS CAN TAKE LONGER DEPENDING ON DEMAND AND/OR IF YOU MAKE ORDER/DESIGN CHANGES.*** I cannot guarantee a certain delivery date or time frame for delivery for any product, design or order. For orders with a deadline, please order well in advance.
LOST/DAMAGED/DELAYED PACKAGES:
Media By Shairi, LLC cannot be held responsible for lost, damaged or delayed packages once they are in the hands of the US Postal Service. No refunds, redesigns or reprints will be made due to lost, damaged or delayed packages. All packages can be insured for an additional fee. Just ask!
FINAL FILES DELIVERY:
Digital files are sent over in pdf, png, and/or jpg formats. Print files are sent over in pdf format. Photoshop PSD files are available for an additional fee.
DISPLAYING OUR WORK:
We love to show off our work and reserve the right to display all aspects of our work, including clips, work-in-progress designs and completed projects and services in our portfolio, articles, on our sites and all other medias and connected sites and social media accounts. You agree that the work delivered and services provided will be of a similar style and caliber to those samples on our site, blog and connected sites, and that we will have complete creative control during the work, design and project completion process.
INTELLECTUAL PROPERTY RIGHTS:
We claim no intellectual property rights over the material you supply to Media By Shairi, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the site or service. Content you submit to us remains yours to the extent that you have any legal claims therein. You guarantee that all elements of text, images or other artwork or content you provide are either owned by you, or that you have permission to use them. When you provide text, images or other content to us, you agree to protect Media By Shairi, LLC from any claim by a third party that we’re using their intellectual property. You agree to hold us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the site, or any related or connected sites, or sending any material to us through any other mediums, you grant us a worldwide, nonexclusive, irrevocable license to use and distribute the material in connection with Media By Shairi, LLC and any related Media By Shairi, LLC site or publication for promotional, business development and marketing purposes.
OUR INTELLECTUAL PROPERTY:
All content provided on the site and in the service, including all products, services, photos, videos and written material are the intellectual property of Media By Shairi, LLC. The content of the site and service are protected by United States trademark, trade dress and copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the site, service, content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the service, without refund, if you are caught violating this intellectual property policy.