Terms & Conditions

Payments | Orders & Design Process | Creative Services & Copyrighted Materials
Privacy | Damages & Liabilities

By accessing or using this site you agree to these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. DeviMultimedia reserves the right to make changes to this site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this site.

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through DeviMultimedia. Without limitation, no portion of content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted without prior written authorization. This Site and all Content are the copyrighted property of DeviMultimedia LLC, and/or its subsidiaries (referred to herein as "DeviMultimedia") or the copyrighted property of third parties from whom DeviMultimedia is affiliated.

Payments

Payment for any and all creative services to be provided by DeviMultimedia Creative Services is due in advance.

By Credit Card
We currently use PayPal to process payments. If you need to send payment using a credit card, please send it to Devi[at]DeviMultimedia[dot]com

By Check or Money Order
Please mail payments to Devi Multimedia LLC, 9010 E Raymond St, Indianapolis IN 46239

By Cash
We do not recommened sending cash through mail and are not responsible for any loss. We may accept cash in person and will issue a receipt.

Orders & Design Process

• Estimates and Orders are valid for 30 days.
• Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee.
• Penalties for non-payment of service are as follows: if payment is not received on the due date of the invoice, purchaser will receive a telephone and e-mail reminder, and then at least three follow-up reminders by e-mail, including a "notice of pending account termination", which is also sent via e-mail. If payments are not received 2 weeks past the due date of the original invoice, purchasers account will be required to pay an additional 10% late fee, in addition to full payment of the overdue amount. DeviMultimedia will not be responsible for any data lost due to an account termination.

Proofing & Final Approval
Indeed, DeviMultimedia takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control and are not covered by the guarantee. Initial Design concepts will be created after your order provided all content and information needed from you is completed and received. For print products, your Designs will be delivered in web preview format by email notification. For websites, we will publish your website upon completion of the initial design and will notify you by email. You will then have 30 days in which to request up to 2 free revisions. Please note that we cannot be responsible for:

• Spelling, punctuation or grammatical errors made by the customer.
• Inferior quality or low-resolution of images provided by customer.
  
• Design errors introduced by the customer in the document creation process.
  
• Damage to the products arising after delivery to the customer.

Please preview your designs carefully and correct any mistakes prior to final approval. If the email address you provide is not valid or is filtered by your email system, DeviMultimedia Creative Services will not be liable for any missed deadlines and will not refund clients for this reason.

Can I cancel or change my order?
Orders requesting change from the original order will incur new charges. We will discuss new changes and associated costs with you before it is begun or invoiced. Orders may not be refunded once it has begun design production or printing. We apologize for any inconvenience. We hope you understand our need to keep our costs reasonable and our turnaround times fast, in order to continue to provide you with the service and value. No partial refunds for work not completed.

For any services aside from printing, at any given point during the production phase there is a 30-day grace period to hold a project for a customer starting from the last date of reported activity. If a new order is placed by the same customer, that is irrelevant to the current project-on-hold and will not extend the 30-days. We will do our best to communicate with client and discuss available options. New agreement must be made prior to the 30-day grace period in writing. Once the 30-day grace period is past (with exception to prior agreement confirmed between client and DeviMultimedia) that project is now VOID and a new order must be placed. No refunds for work not completed.

Can I cancel a subscription payment?
Payments by subscription such as web hosting may be cancelled prior to the next renewal date (typically annually). Please notify us at least 30 days prior to the next renewal date.

What if I'm not satisfied with my order?
DeviMultimedia stands behind the quality of its services. With respect to both parties, we will always do our best to communicate with you throughout the production to discuss concerns and work things out. No refunds once production has commenced per agreement.

Re-ordering
To reorder a printed-order with changes (updating phone numbers, e-mail addresses, etc.) or other edits, please contact us with requested updates. A minimum $35 charge applies. Actual cost is dependent on the significance of changes. Simply ask for an estimate if needed.

Turnaround

• All delivery times are estimates only.
• DeviMultimedia advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.
• DeviMultimedia is not responsible for any late Creative Services projects and/or impact to Customer's business due to a late project and/or printing.
• If the email address you provide is not valid or is filtered by your email system, DeviMultimedia Creative Services will not be liable for any missed deadlines and will not refund clients for this reason.
• Total turnaround time is highly dependent upon customer response time and meeting deadlines.
• A holiday adds 1 day to the production turnaround time.
• Saturdays and Sundays are not counted as a business day.

Creative Services & Copyrighted Materials

• If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.
  
• If you provide DeviMultimedia with any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.
  
• The designs and/or written copy (collectively, "Designs") prepared by DeviMultimedia for you as part of your Creative Services project may have similarities to Designs prepared by DeviMultimedia for other parties. Except for the specific Creative Services project content provided to DeviMultimedia by you, all rights in all Creative Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by DeviMultimedia. Your right to use any Designs prepared by DeviMultimedia for you is limited to the finished printed products in the form they are supplied to you by DeviMultimedia. You may not copy, disassemble, modify, or transfer any such Designs.
  
• DeviMultimedia reserves the right, in DeviMultimedia's sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that DeviMultimedia shall have no liability of any kind to you or to any third party arising from such refusal or termination.
  
• DeviMultimedia is providing creative design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the project or to perform any trademark clearance search or any other inquiry of any kind. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.
  
• Upon payment in full of all design fees owed to DeviMultimedia, DeviMultimedia will make the final logo or other artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format.
• You agree that you shall indemnify and defend DeviMultimedia and all parties from whom DeviMultimedia has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
• DeviMultimedia reserves the right to display the project in DeviMultimedia advertising, promotional, internal purposes and corporate materials related to its design services. If you desire your project confidential, please speak with a DeviMultimedia representative prior to project completion.
  

Privacy Policy

DeviMultimedia recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us.

• Information Collected Automatically: Whenever you visit our Website, we automatically collect some information about your transactions with us, and your use of our Website. For example, we automatically collect your IP address, for internal use only, such as to help us diagnose problems with our server and administer our Website. We also automatically track certain information about your activities on our Website such as the type of web browser you are using. We use this linked information to do internal research on your interests and to help us better understand and serve you.
• Information You Send To Us: If you choose to provide us with Personal Information, such as by sending us an e-mail or by filling out a form with your Personal Information and submitting it to us through our Website, we collect the Personal Information that you provide to us. For example, if you register or sign up for an account with us, we collect your name, e-mail address, and password. If you place an order with us, we collect the Personal Information that you provide to us such as your shipping, billing, and payment information.

Damages and Liabilities

DeviMultimedia Creative Services disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the DeviMultimedia site or any information, even if DeviMultimedia has been advised of the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL DEVIMULTIMEDIA OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, 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, OR PROFITS, WHETHER OR NOT DEVIMULTIMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM DEVIMULTIMEDIA OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL DEVIMULTIMEDIA BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Site Feedback
Any comments, suggestions, proposals or other feedback provided to DeviMultimedia in connection with the operation or content of this Site shall be provided by the submitter and received by DeviMultimedia on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of DeviMultimedia. By submitting any such information to DeviMultimedia, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that DeviMultimedia shall be free to use such information on an unrestricted basis.

Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Governing Law
DeviMultimedia LLC is based in Indiana USA. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America.

Updated December 31, 2008