IMPORTANT: The following
business policy provides comprehensive ScoCar operating terms and conditions.
You are responsible for reading and understanding all terms and conditions as
they are legally binding. Anyone viewing our web site automatically
agrees to all terms and conditions of the ScoCar web site, whether or not they
are authorized by their organization to enter into any legally binding
agreements. All terms and conditions are subject to change
without prior notice.
GENERAL:
ScoCar, "Agency" hereafter, is a Texas company located at 2810 Trinity Mills Rd. Ste 209-314, Carrollton, TX 75006 or other locations. Agency is open M-F from 9AM-6PM (CST). Agency is closed Saturdays, Sundays, all
federal legal holidays, Christmas
eve, New Year's eve, during the following seasonal trade shows (PWA
conference, SEMA and
PRI) and may be closed during
acts of God, family/health issues, etc.
During these times and for 1-2 weeks before and after these events, we cannot guarantee service turnaround
or response therefore they are
exempt from any verbal or written agreements involving any ScoCar provided
service. Actual products, services, descriptions and examples may vary from photographs, images, illustrations,
services, examples and/or descriptions shown. This web site may contain fictional sample data only. Any
resemblance to actual persons or entities is unintentional and purely
coincidental. If our sample data
conflicts with you or your company, please bring this to our intention in
writing and your conflict will be reviewed. At our option, we will
remove the sample fictional data only but will admit to no wrong-doing and are
in no way responsible for any actual or implied damages, consequential
damages, inconveniences or removal from the following but not limited to:
directories, 3rd party linking web sites, search engines, etc.
Agency (or employees, agents, sub-contractors, servants, officers, partners, assigns, subsidiaries, vendors, dealers, distributors, reps, customers, other companies owned by Agency, competing companies in Client’s market) is not responsible for any unintentional omissions or typographical errors and reserves the right to make changes to packages, services, operating procedures, colors, materials, features, specifications, part numbers, pricing, service turnaround time, vendors, and to discontinue any products and/or components at any time without prior notice. NOTE: Updates are not unlimited. Please be as specific as possible to avoid possible additional charges. Your information will never be resold to third parties and is used internally to improve the quality of service only.
ScoCar may purchase, rent or lease mailing lists from qualified sources and as
a result you may receive promotional and marketing materials from ScoCar only.
If you desire to be removed from our mailing list, every effort will be made
to comply with your request although this cannot be guaranteed. Please read our privacy policy at www.ScoCar.com/privacy.htm. In order to provide the highest level of service, all calls and communication may be monitored and recorded. General Disclaimer (Applies to All Services):
Client is responsible for: supplying company specific typefaces not currently available in the Agency typeface library; any and all company and/or product logos, product and/or vehicle photography in the following formats (prints, slides, negatives or 300 DPI digital .TIF, .JPEG, or .EPS); space charges (Client will always be direct billed from publisher); SWOP proof charges; signing publisher liability waivers and space contracts; digital proofing via Agency web site (including but not limited to checking of accuracy of facts and/or claims, product part numbers, product descriptions, product names, product pricing, all company contact information, copyright/trademark notice, etc.); final approval via Agency web site; design fees and all related service fees provided by Agency if project is abandoned or cancelled. Agency supplied typefaces, illustrations; backgrounds, photography,
colors, etc. are not exclusive to any specific Client. If Agency provides photography services to Client (always at an additional charge), Client is responsible for supplying all products/vehicles/etc. to Agency. These items will be returned to Client upon completion of project. Certain products and/or services provided by Agency may require utilization of a 3rd party vendor. As such, final pricing and availability are subject to change from those listed on our web site and/or price guides when you place your order. We will try to notify you of such a change when
your order is placed. Advertising & Design:
All ads designed by Agency make the Client potentially eligible to receive a 15% agency discount. The discount, (if available from publisher) is taken off of the publisher's ad rates only and does not apply to any Agency service fee. All changes after final approval and are subject to a $200/hour charge with a 1/2 hour minimum. All work requested after published magazine close dates or necessary printing deadlines are subject to a rush charge of 20% of the design cost. Agency makes no guarantees to ad response rates (including but not limited to phone calls, web site hits or click throughs) and conversion rates. Agency cannot guarantee the colors shown in any digital or printed proof will match the final printed piece supplied to or by any printer or publisher. Client understands that all 2-color, 4-color or more designs and/or designs appearing in newsprint, on silk-screened apparel
or on embroidered apparel, etc. are subject to substantial color variation and significant additional color setup charges for which Agency cannot be responsible. PR:
Agency makes no guarantee of placement or inclusion of news releases and/or editorial by any publication (including but not limited to magazines, web sites, clubs, forums, news groups, blogs, newsletters, e-mails, etc.). All news releases will be sent via e-mail
(unless regular mail is required by publication). News releases sent via e-mail are compliant with the CAN-SPAM Act of 2003 and checked for viruses, worms, Trojan horses and spyware. Project Vehicles:
Clients wanting to secure an OEM project vehicle must meet the following
conditions:
a. Client must be a SEMA member company (www.sema.org).
b. Client must submit a proposal according to OEM guidelines which are posted at http://www.sema.org/main/semaorghome.aspx?id=50844
(look under each manufacturer logo for information regarding their specific
project vehicle program).
c. Client must be willing to purchase project
vehicle from OEM at pricing set forth by the OEM (which can vary based on
the merit of the proposal, OEM discretion and other factors).
d. Client
assumes all costs required to purchase, design, build, promote, ship and
insure project vehicle. Often the cost can meet or exceed the retail value
by 2X to 4X. Some manufacturers may title vehicle as a scrap or
salvage title vehicle. This can mean that the retail value of the
vehicle is automatically decreased by as much as 50% off book value,
financing of vehicle may not be obtainable and vehicle may not be driven on
the street for normal or occasional use.
e. Client agrees to exhibit the project vehicle at the SEMA show (www.semashow.com)
in prevailing year as an exhibiting manufacturer or as sponsored by an
exhibiting company. Placement is always Client responsibility.
We can assist in locating a sponsor but this is never guaranteed.
f. Client agrees to promote project vehicle for 18-24 months from date of 1st SEMA show where vehicle appears.
g. Client agrees to all terms and conditions set forth by OEM policy (subject to variation and change
at the discretion of the OEM).
h. Client understands that, regardless of circumstances, cancellation of receiving project vehicle after approval by OEM can result
termination of agreement and prevention of Client submitting further project
vehicle proposals for consideration.
i. Client understands that selling,
renting or trading project vehicle before agreed to 18-24 month promotional vehicle constitutes a breach of contract with the OEM. The Client may then be required to pay the full retail value of the project vehicle to the OEM. In addition, the OEM may seek other damages at Client expense.
i. Client understands that all product secured at the following costs (free, retail, jobber, dealer, wd, master wd, racer, manufacturing, break even or other) or in exchange for full reciprocal support from vendor sources (whether sources are supplied from Agency or from Client and acquired by Agency on Client behalf) are Client responsibility.
j. Client understands that Agency makes no guarantee or promise of
project vehicle approval or acceptance by any OEM. Regardless of
whether or not an approval is received from an OEM, Client is responsible
for all costs necessary to prepare and submit a project vehicle proposal to
an OEM.
Renderings:
Renderings are custom, mixed media commissioned artwork provided on a first come, first served basis and are not returnable or cancelable once began.
Samples provided on the ScoCar web site are representative of the range of the
quality that a Client can expect for their completed ScoCar rendering(s). All projects require in-depth input
and feedback from the Client using on our online viewing and approval system (fax, 1-214-722-1936 or e-mail can be used as a backup). All turnaround times mentioned verbally, electronically or on order forms are approximations only, never guaranteed to be within a specific time period and subject to work load and development of concept(s). All orders placed
2 weeks (or less) before the published OEM proposal deadlines are subject to a mandatory 20% rush fee. Client understands that special concepts, elaborate concepts, prototype concepts, etc. can take several weeks or
even months to complete and require in-depth input and feedback from the Client for completion. Upon completion, renderings are delivered unframed unless a frame is specifically ordered at an additional charge. Renderings are subject to the terms and conditions of our ownership rights agreement. Web Sites:
Client is responsible for web hosting; domain name registration; secure server certificates, merchant account setup and processing fees; order processing fees; shopping cart license fees, providing: current web site user name; password; web host contact information; all existing web site files; naming software titles currently used to maintain web site; basic technical information. Server up-time/down time, data backups, anti-virus protection, spam protection, denial of service attacks, server speed or lack thereof, data corruption while on host web server,
server fault tolerance, host server power supply, server power backup, general data security are the responsibility of the Web host and the Client, not Agency. Client acknowledges that agency does not warrant that web site will work on all platforms or will be available for any specific percentage of time.
Additionally, web site functionality may be impacted due to acts of god,
weather, Client ISP (Internet Service Provider) issues, internal company
network issues and other factors of which the Agency is expressly not
responsible for. Web site maintenance can occur within 24-48 hours but
may take as long as a week or several weeks depending on the number of and
depths of the maintenance requested and available time (see General above for
specific time exclusions). Web site maintenance agreements are to be paid via
any major credit card or company check on the 1st or 15th of every month
(credit check required). If Client requests or requires any of the following custom programming, the programming may be provided by
ScoCar or a 3rd party at Client expense: including but not limited to CGI, Perl, Python, PHP, ASP,
WAP, Cold Fusion; Oracle, Microsoft SQL, certain XML functions, blogs, RSS
feeds and SMS text feeds. Client understands that employing any of these
technologies may significantly impact web site functionality and require a
high level of programming. In such case, maintenance may be
significantly more expensive and beyond the scope of the Client if (at any
time) they elect to performance any web maintenance themselves. Because some
of these technologies may be 3rd party, hosted solutions, Agency cannot be
responsible for availability, functionality, technical support (unless a
specific web maintenance agreement is on file), training, etc. Client also
understands that Simple,
non-ecommerce web sites can be completed
in approximately 4 to 8 weeks provided all information requested of Client is received in a timely manner. Complex or
e-commerce web sites can take approximately 3 months to 1-year. Completion times listed are general only and subject to change depending on design elements, database(s), image enhancing,
seasonal business variation caused by trade shows like PWA, SEMA and PRI,
equipment / software changes, malfunctions or upgrades, acts of God or
circumstances out of our control. Additional pages not within the scope of original web design or maintenance contract are billed $200/page and associated images scans with color corrections and clipping paths are $60/scan. Back To Top ORDER POLICY:
There are three easy ways to order:
• By Phone: Toll Free 1-866- 522-1889, Ext. 1 or 3
• By Fax: 1-214 722-1936 (available 24 hours)
• By Mail: ScoCar, 2810 Trinity Mills Rd. Ste 209-314, Carrollton, TX 75006 All 1st time orders require 100% pre-payment. Subsequent orders require 50%
non-refundable deposit with balance due upon delivery or 100% pre-payment before any work will begin.
30-day terms are not offered. Estimates are valid for 30-days only. Estimates and purchase orders must be returned to Agency signed via e-mail, fax or mail before any work will begin. We accept Visa, MC, Amex, Discover, Diner’s Club, Pay Pal or company checks in U.S. funds (personal checks, money orders, cashier's checks and wire transfers not accepted). Rush service is available for an additional 20% and if order is 100% pre-paid via credit card or Pay Pal only. Client understands that payment to Agency constitutes full acceptance of all terms and conditions herein. In the event that the Client fails to make any of the payment(s) as agreed, the Agency has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, or (2) initiate collection proceedings. If payments are not made within thirty days of invoice, simple interest will accrue on the balance owed at the rate of 18% from the date the invoice becomes past due. Texas-based clients will be subject to Texas state sales tax of 8.25% per Texas State Sales Tax Code Title 34, Part 1, Chapter 3, Subchapter 0, Rule 3.312 (Graphic Arts). Service turnaround is subject to workload, availability, seasonal
variation one month prior to and during (PWA
conference, SEMA and
PRI trade shows, and rendering season) and other factors which may be beyond our control and are never guaranteed. Orders
placed during peak times may take significantly longer and may be subject to a 20%
rush service fee.
SHIPMENTS:
FedEx® ground shipping is the standard shipping method
(although some orders may require USPS or a truck freight carrier).
FedEx® ground shipping is available in the 48 contiguous United States (Alaska, Hawaii, International, Standard Overnight, Priority Overnight, First Overnight, and Saturday delivery will be assessed additional charges).
All other shipments, unless specified at the time of the order, will be
shipped at our discretion via FedEx Ground, United States Postal Service or
truck freight carrier. Some shipments (such as large printing orders)
may require shipping via truck freight carrier and palletizing. All orders are shipped fully insured FOB shipping point Carrollton, TX
or FOB shipping point ScoCar vendors. The following are the responsibility of the Client: freight charges (including but not limited to in-bound, hand deliver, shipping, packaging and handling,
palletizing, duties, taxes, special deliveries including but not limited to
3-day; 2-day; Saturday; same day; morning; and/or early/1st am
deliveries, courier fees, and insurance).
Agency shipping rates are subject to change without prior notice. Agency is not responsible for lost, damaged, stolen or delayed shipments.
FedEx and USPS shipment tracking is available at www.ScoCar.com/ContactUs.htm. Back To Top CANCELLATIONS, RETURNS & REFUNDS:
Agency provides a variety of services including but not limited to marketing, advertising, graphic design, public relations, rendering and web design.
Due to the fact that all work is custom, very labor intensive and subject to
interpretation, cancellations, returns or refunds are not accepted (excluding web maintenance agreements which can be cancelled provided a 30-day written notice is received). If Client
attempts order cancellation or if Client abandons project for any reason
regardless of the state of completion of project or if Client does not respond to Agency
communication (s) for a minimum period of 30 days, Client is responsible for full payment and Agency is under no obligation whatsoever to issue a credit or refund. In these cases, Client project will be considered forfeit and Client agrees not to dispute the charge with their credit card company or issuing bank. Back To Top LEGAL:
Confidentiality:
Each party agrees that information that is confidential or proprietary may be disclosed to the other party, including, but not limited to software, technical processes and formulas, source codes, product designs, sales, costs and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projects, and marketing data ("Confidential Information"). Neither party shall make any disclosure of Confidential Information to anyone other than its employees who have a need to know in connection with this Agreement. Each party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligations of each party and its employees shall survive the expiration or termination any agreement between Agency and Client. Indemnification:
Client agrees to defend, hold harmless and indemnify the Agency against all claims, damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys’ fees) in connection with any claim, action or proceeding by any third party alleging that all or any portion of the content provided by Client for a web site or other deliverables infringes such third party’s patent, copyright, trademark, trade secret, or other intellectual property right(s). The Client shall not settle any such claim or action without the Agency’s prior written approval. Client further agrees to indemnify and hold harmless the Agency for any claims, damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys’ fees) in connection with any claim, action or proceeding by any third party arising from Client’s publication of material or use of material developed by Agency or that may arise or result from any service provided or performed or product sold by the Client. Limited Warranty & Limitation on Damages:
The Agency represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted pursuant to this Agreement.
b. that the Web Site and Other Deliverables do not, and will not in the future, infringe any intellectual property (including, without limitation, any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary rights of any third party and are not defamatory.
The Client represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted pursuant to this Agreement.
b. that any content provided to Agency (including but not limited to elements of text, graphics, photos, designs, trademarks or other artwork furnished to the Agency for inclusion in any Client Collateral materials) does not, and will not in the future, infringe any intellectual property (including, without limitation, any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary rights of any third party and is not defamatory. Promotion:
Agency is allowed to promote relationship with Client (with or without Client expressed approval and during or after Client relationship) for as long as Agency sees fit. This applies to anything the Agency prepares or assists in preparing for Client including but not limited to advertising, graphic design, marketing, pr, rendering and/or web design services and/or materials. Client agrees that Agency is not exclusive to Client and Agency is free to represent any other company. Furthermore, Agency cannot in any way be held responsible for any existing or future Clients of Agency who may directly or indirectly enter into competing markets against said Client in this agreement. Agency is under no obligation to disclose to it's Clients potential conflicts which or may not exist between itself and other Clients and cannot be held liable for damages which may occur as a result of such a conflict.
Exclusions:
Fees charged by Agency do not include advertising space fees; advertising short rates; printing; postage; bulk mail processing fees; mailing list processing fees; fax charges; photography charges; 800#'s
or associated setup fees or long distance charges or any other fees relating to advertising tracking; phone charges of any kind; copywriting; copyrighting or trademarking; software
of any kind (disc or web based); training of any kind; freight charges (including but not limited to
in-bound, hand deliver, shipping, packaging and handling, palletizing, duties, taxes, special deliveries
including but not limited to 3-day; 2-day; Saturday; same day; morning;
and/or early/1st am deliveries, courier fees, and insurance); printing vendor proofs; SWOP proofs; rush charges; changes
and/or charges after deadlines; state tax for Texas companies only per Texas State Sales Tax Code Title 34, Part 1, Chapter 3, Subchapter 0, Rule 3.312 [Graphic Arts]. Agency is not responsible for risk with respect to liability, perceived or actual copyright infringement or litigation or damages arising from copyright infringement; damages resulting from computer viruses, worms, Trojan horses, computer spyware; computer failure or malfunction; computer corruption; damages caused by identity theft and/or credit rating; legal research or advice; minor product scratches from handling; in-transit damage; printing errors; typographical errors; factual errors; delays caused by any circumstances out of our control; acts of God; theft; riots; fires; floods; hurricanes; vandalism; misplaced items; lost items; or other items mentioned in this agreement as not included; credit card/debit card processing fees; credit card/debit card interest fees; any associated bank or credit card fees; legal fees of any kind or any litigation arising from Client’s association with Agency or any damages of any kind; claims or financial loss (implied or actual), inconvenience, lost opportunity costs, damages to any relationship (personal or business), damages to reputation caused by Agency (or employees, agents, sub-contractors, servants, officers, partners, assigns, subsidiaries, vendors, dealers, distributors, reps, customers, other companies owned by Agency, competing companies in Client’s market). Assignment of Project:
The Agency reserves the right to assign certain subcontractors to this account to as deemed necessary by the Agency. The Agency warrants all work completed by subcontractors for this account. When subcontracting is required, the Agency will only use industry recognized professionals. Binding Effect:
This policy shall be binding upon and insure to the benefit of the Client and the Agency and its respective successors and assigns, provided that the Agency may not assign any of its obligations under this Agreement without the Client’s prior written consent. OWNERSHIP RIGHTS:
a. The following shall be the sole and exclusive property of the Client:
(i) Any text, photos, graphics, audio components, software, documentation, images, or other materials of any kind or nature made available to the Agency by the Client for use in development or publication of the Work.
(ii) The Client’s trademarks, service marks, copyrighted materials, and all materials listed in (i) above shall remain the property of the Client.
b. The following shall be the property of the Agency: All text, photos, graphics, audio components, programs, routines, subroutines, interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, computer code, procedures, scripts, software designs, database designs, or other materials of any kind or nature originally developed by the Agency or licensed to the Agency for general use by the Agency. Client shall be granted an exclusive license to use the Work created by Agency for Client subject to the terms and provisions in (c). However, Agency shall own all copyrights to the Work and retain ownership of the original Work. Agency is under no obligation, whatsover, to provide software, software training, processes, databases, mailing lists, links, files, e-mails, fonts, backgrounds, calibrating equipment, printing equipment, computer equipment, photographs, icons, special effects, vendor information, personal contact information, original un-flattened artwork to Client. Agency chooses all software, hardware, vendors, processes, etc. at its own discretion. Agency is not responsible for Client compatibility with the aforementioned and is under no obligation to transfer information over to non-standard Agency platforms (all transfers will occur at Client expense). c. Agency grants Client an exclusive license to the original artwork for Client's business/personal use provided Client understands and is authorized by you Company to agree to the following: Client is granted an unlimited use license however Agency retains the exclusive right to use the artwork in Agency portfolio and promote Client design as a sample of Agency work at Agency discretion for any purpose Agency chooses for as long as Agency chooses. Governing Law:
All disputes that arise out of or relate in any way to this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of Texas, in addition to any applicable federal law. Venue for the resolution of any dispute arising out of or relating to this Agreement shall be in Dallas County, Texas. |
