Helping to build your business, not just your website.

Acceptance Of Terms

1. Point Click Productions provides its service to you, the customer, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.pointclickproductions.com/termsofservice.html. In addition, when using particular Point Click Productions services, you and Point Click Productions shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

Consulting Services

1. Point Click Productions will provide consulting services to the Customer relating to the creation or modification of a Website.  The specific nature of the services to be provided by Point Click Productions will be as specified in the Schedule ("the Services").  Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence), Point Click Productions will make available to the Customer all knowledge, information and expertise in its possession in performing the Services.  If the Customer wishes Point Click Productions to perform any services other than those specified in the Schedule (including without limitation to provide any additional functionality) or to provide further or other Products or software, then Point Click Productions shall be entitled to quote the Customer separately for the provision of those services or the provision of those products or software.  If the Customer accepts that quotation then the provisions of this Agreement will apply to the provision of those additional services, products or software.
2. Unless otherwise agreed in writing by the parties, the term of this Agreement will commence on the date specified in the Schedule.
3. Unless specifically stated as a fixed price quote, any cost estimates that are or have been given by Point Click Productions are estimates only.  Actual time spent and Products supplied may be used as the basis for billing. 

Products

1. Point Click Productions may also supply the Customer with Products (as ordered by Customer and agreed by Point Click Productions) from time to time.  In the context of this Agreement, "Products" means any hardware and/or third party software provided to the Customer by or on behalf of Point Click Productions pursuant to this Agreement.

Reporting and Meetings

1. The Customer shall make its employee (specified in the Schedule or such other person as the Customer shall nominate in writing) (the "Customer Contact") available to meet with Point Click Productions when reasonably required by Point Click Productions for the purposes of discussing the status of the Services.  Point Click Productions will meet regularly with the Customer Contact (by remote communication facility if necessary) and report to the Customer on the status of the Services.

Consulting Rates, and Other Expenses

1. Point Click Productions will provide Services to the Customer and will be entitled to charge the Customer for such Services at the rates specified in the Schedule.
2. Point Click Productions shall be entitled to provide the Services remotely from its own premises and will not be required to attend the Customer's premises.  If Point Click Productions is required to attend the Customer's premises for any reason pursuant to this Agreement, the Customer will reimburse Point Click Productions for reasonable transport and/or accommodation expenses incurred by Point Click Productions in doing so.  However this does not include transport or accommodation expenses where the Customer's premises are located within 5mi of 5612 Fernhill Cir, #5, HB Ca 9264.
3. The Customer authorizes Point Click Productions to obtain access to the Customer's computing facilities referred to in the Schedule (the "Facilities") using the remote means of access referred to in the Schedule ("Means of Access") and subject to any Restrictions on Access set out in the Schedule, for the purposes of providing the Customer with Services.
4. Point Click Productions will not use the Means of Access (or any other methods of remote access) to access the Facilities for any purpose other than to provide the Services.  However, Point Click Productions shall be permitted to gain remote access to the Facilities for lawful purposes using any publicly available means (such as the World Wide Web), which do not require special authorization.
5. Point Click Productions will take the following steps to ensure the security of the Facilities (insofar as the use of Point Click Productions systems and the Means of Access are concerned):
   1. ensuring that no passwords are stored in easily recognizable form on Point Click Productions own systems in circumstances where a breach of Point Click Productions own internal security may reveal them;
   2. ensuring that only those employees and contractors of Point Click Productions who are required to access the Facilities using Point Click Productions systems and the Means of Access are able to do so;
   3. ensuring that the Facilities are not capable of being accessed by a system or user, which transits Point Click Productions own systems, except as permitted by this Agreement.
6. The Customer indemnifies Point Click Productions against any loss or damage arising directly or indirectly from any unauthorized use of the Facilities to which Point Click Productions has been granted remote access, provided that such unauthorized use has not arisen as the result of any material breach by Point Click Productions of its own obligations under Clause 10 of this Agreement.
7. The Customer will also reimburse Point Click Productions for all expenses incurred by Point Click Productions on the Customer's behalf or in carrying out its obligations under this Agreement.
8. The Customer will pay Point Click Productions for the cost of any Products (including any licensing that Point Click Productions is required to pay to obtain a sub-license in favor of the Customer for any third party software) together with Point Click Productions own charge that it levies for handling and/or obtaining any relevant sub-licenses.

Payment of Invoices

1. Point Click Productions will be entitled to invoice the Customer on an interim basis at least monthly for progress payments for any Services performed or Products supplied during the previous month (or during any earlier period which has not previously been invoiced) together with such expenses as the Customer is required to reimburse Point Click Productions.  Such invoices shall contain such information and detail as the Customer may reasonably require to permit the Customer to account for the Services and Products (for instance, by attaching copies of any time sheets) reasonably prescribed by the Customer.
2. Any procrastination on the part of the client pushes back the completion date. Regardless of completeness, the final invoice is due on the original agreed upon project deadline. Projects that extend more than two (2) weeks past the original completion date are immediately converted to hourly billing at our standard rate and, from that point forward, billed for actual time spent on project.
3. All invoices rendered by Point Click Productions are payable within fourteen (14) days from the date of invoice.  The Customer agrees to pay Point Click Productions in full within this time period.
4. If the Customer fails to pay any invoice by the due date for payment, then without prejudice to Point Click Productions rights under this Agreement, the Customer shall also pay Point Click Productions interest on the outstanding amount at the rate of 10% per month.
5. All fees paid to Point Click Productions are non-refundable.

Confidentiality

1. Point Click Productions will not disclose to any third party or use other than for the purposes of this Agreement any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this Agreement which is of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process or business strategies offered or employed by the Customer.  This obligation of confidence will cease to apply in relation to information that Point Click Productions is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Point Click Productions of its obligations of confidence under this Agreement.

Intellectual Property

1. Unless otherwise agreed in writing by Point Click Productions, the copyright and all other rights relating to any software provided to the Customer by or on behalf of Point Click Productions pursuant to this Agreement (the "Intellectual Property") will remain the property of Point Click Productions or where applicable its licensors.
2. Upon payment in full for the Services provided by or on behalf of Point Click Productions pursuant to this Agreement, Point Click Productions grants the Customer a non-exclusive and non-transferable perpetual license to use the Intellectual Property for the Customer's own business purposes, and in the case of the third party software, will obtain a sub-license in favor of the Customer in similar terms.
3. Point Click Productions warrants to the Customer that to the best of its knowledge, it has the right to grant the licenses referred to in this Agreement, and the use by the Customer of any software provided by Point Click Productions will not infringe the rights of any third party.
4. Point Click Productions also grants the Customer the right to copy the Intellectual Property for the purposes of staff and subcontractor education and system backups.  However, the Customer must not copy any of the Intellectual Property for any other purposes.
5. The Customer must not de-compile, disassemble, decrypt, extract or otherwise reverse engineer any part of any software that is provided to the Customer by Point Click Productions without Point Click Productions prior written consent.
6. The Customer must hold any software (in source and/or in object code) and other materials provided to the Customer by Point Click Productions confidential.  The Customer must not disclose any of those materials to any third party without Point Click Productions prior written consent.  The Customer must also take all reasonable steps within its power to protect the Intellectual Property of Point Click Productions.

High Risk Activities

1. None of the software or the Products provided pursuant to this Agreement is designed or intended to be fault-tolerant or designed or intended for use as or for use where their failure or malfunction could lead to death, personal injury, or economic, physical or environmental damage ("High Risk Activities").  The term "High Risk Activities" includes but is not limited to on-line control equipment in hazardous environments requiring fail-safe performance (such as communications systems, banking or financial control or reporting systems, or security systems). The Customer warrants that it will not use, distribute or resell any of the Products or the software for any High Risk Activities and that it will ensure that permitted end-users of such Products or software are provided with a notice in the form set out in this Clause.  The Customer will indemnify Point Click Productions for any loss, cost, damage or third party claim arising from the Customer's use of any of the Products in High Risk Activities or from any breach by the Customer of this clause.

Liability

1. Except for express undertakings to indemnify and any warranties set out in this Agreement:
   1. To the extent permitted by the law, Point Click Productions expressly excludes all conditions and warranties whether express or implied.
   2. Notwithstanding any other provision in this Agreement, in no event will Point Click Productions be liable to any party including the Customer for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data, or other economic advantage), however it arises, whether for breach of this Agreement or in tort, and even if Point Click Productions has been previously advised of the possibility of such damage.  Further, liability for such damages shall be excluded, even if inclusive remedies provided hereunder fail their essential purpose.  The Customer will indemnify Point Click Productions and keep it indemnified from and against any claims by any third party for or in respect of such damages.
2. Certain provisions relating to the trading of goods and services and other statutes, rules and regulations in California may imply certain non-excludable warranties or conditions.  To the extent that they are not permitted to be excluded, Point Click Productions liability for breach of such conditions or warranties and the Customer's sole and exclusive remedy in relation to such breaches shall be limited to:
3. in the case of Products or software or other goods supplied by Point Click Productions, at Point Click Productions option:
   1. the replacement or repair of those Products or software or goods, or the supply of equivalent goods; or
   2. the payment of the cost of replacing or repairing the Products or software or goods or of acquiring equivalent goods; and/or
4. in the case of Services, at Point Click Productions option:
   1. supplying the Services again; or
   2. the payment of the cost of having the Services supplied again.
5. The Customer is solely responsible for the proper backup and protection of all of its software and data , as well as the implementation and maintenance of firewalls and security measures (including proper virus control) in relation to the Facilities.

Assistance and Facilities

1. The Customer will provide Point Click Productions with all reasonable assistance and facilities free of charge (including without limitation of the Means of Access and the other Items referred to in the Schedule, office facilities, and liaison with the necessary officers and employees of the Customer) in order to permit Point Click Productions to efficiently provide the Services.

No Poaching

1. The Customer undertakes to Point Click Productions that it will not for a period of two years from the termination of this Agreement entice away or endeavor to entice away from Point Click Productions any employee of Point Click Productions.  The Customer acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of Point Click Productions.

Agreement Non-exclusive

1. The Customer acknowledges that Point Click Productions is providing Services to the Customer on a non-exclusive basis and that Point Click Productions may provide services of the same or a similar nature as the Services to any other party. 

Termination

1. This Agreement may be terminated in the following circumstances:
   1. By either party by giving the other party thirty (30) days notice in writing to that effect;
   2. Immediately by Point Click Productions by notice in writing if the Customer fails to remedy a breach of this Agreement (including any provision as to payment) within fourteen (14) days of receipt of a notice from Point Click Productions of such breach requiring it to do so; or
   3. By either party immediately by notice in writing if the other party takes any corporate action or other steps are taken or legal proceedings are started (and are not withdrawn, discontinued or struck out within twenty-one days) for its winding up, liquidation or dissolution (other than for the purposes of reconstruction) or the appointment of an administrator, receiver, receiver and manager, official manager, Liquidator, provisional Liquidator, trustee or similar office of it or of any or all of its revenues and assets ("Insolvency Event"), and such Insolvency Event remains in existence in respect of such party as the time of service of the Notice.
2. On termination of this Agreement however occurring, all moneys unpaid by the Customer pursuant to this Agreement will immediately become due and payable.  If such moneys remain unpaid for a period of thirty days then (without prejudice to any other rights that Point Click Productions may have for breach of this Agreement or otherwise) Point Click Productions will be entitled to retake possession of the Products and to disable any software provided pursuant to this Agreement (including by remote means).
3. The Customer's obligations (including any obligations to indemnify) under clauses 11, 18 to 23 inclusive (Intellectual Property), 24 (High Risk Activities), 25 to 27 inclusive (Liability), and Point Click Productions obligations under clause 17 (Confidentiality) shall survive the termination of this Agreement for whatever reason.
4. All fees paid to Point Click Productions are non-refundable.

General

1. Any notice required or contemplated by this Agreement shall be deemed to have been duly given if it is in writing, properly addressed and delivered personally or mailed by registered or certified mail, postage prepaid addressed or by fax or electronic mail to the Customer or Point Click Productions at the address set out in the Schedule or this Agreement or such other address nominated by a party in writing.
2. The Customer may not assign any of its obligations under this Agreement without the prior written consent of Point Click Productions.  However Point Click Productions may arrange for subcontractors to perform any of Point Click Productions obligations under this Agreement.
3. Point Click Productions will not be liable to the Customer or to any third party for any non-performance or delay in the performance of its obligations under this Agreement, if events or conditions beyond its reasonable control cause the non-performance or delay and Point Click Productions gives the Customer prompt notice thereof.  In no event will this provision affect Customer's obligation to make payments to Point Click Productions under this Agreement except in respect of Services that are unable to be performed by Point Click Productions, until they can be performed.
4. A failure, delay, relaxation or indulgence by either Party in exercising any right, power or privilege conferred on the Party by this Agreement shall not operate as a waiver of the power or right. A single or partial exercise of any right, power or privilege hereunder does not preclude the further exercise of the same right or the exercise of any other right hereunder. A waiver of a breach does not operate as a waiver of any other breach.
5. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, then;
   1. Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
   2. In any case the offending provision must be severed from this Agreement the remainder of this Agreement shall continue in full force and effect unless such reading down or severance affects the basic nature of this Agreement.
6. This Agreement shall be governed by and must be construed in accordance with the laws of California, United States, and the Customer irrevocably submits to the non-exclusive jurisdiction of the courts of that State.

Printing & Print Services

CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Point Click Productions, are entirely responsible for all Content that you use form Point Click Productions Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Point Click Productions or any third party. Point Click Productions does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Point Click Productions be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that Point Click Productions does not pre-screen Content, but that Point Click Productions and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Point Click Productions may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Point Click Productions, its users and the public.

LIMITATION OF LIABILITY
In no event shall Point Click Productions 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 Point Click Productions has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Point Click Productions or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Point Click Productions be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

INDEMNITY
You agree that you shall indemnify and defend Point Click Productions and all parties from whom Point Click Productions 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.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Point Click Productions is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.

All artwork, designs and images must be provided in minimum of 350 DPI and CMYK color mode. Point Click Productions is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.

COLOR PROOFING & MATCHING
Point Click Productions is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

Point Click Productions will try it's best to match the gradient density of each color , Point Click Productions is not liable for the final appearance of a color.

Application of UV Coating may affect or change the appearance of the printed colors. Point Click Productions is not liable for the final color appearance of a UV product/s.

ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process.

Point Click Productions is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size.

ORDER CANCELLATION
Point Click Productions will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.

If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 ( 15%-30% of total transaction ) Once the order has been placed successfully, No Refunds are issued for the Logo, and Graphic design services.

RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.

Customer must notify Point Click Productions within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.

ORDER SHIPPING AND DELIVERY
Point Click Productions will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Point Click Productions be liable for any consequential or damages resulting from any delay in shipment or delivery.

All Point Click Productions customers agree not to hold Point Click Productions liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Point Click Productions direct control. Point Click Productions shipment and delivery dates are calculated based upon estimates provided by our suppliers.

Point Click Productions will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. Point Click Productions is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Point Click Productions will reship the package with corrected address and charge an additional shipping fee for the shipment.

We reserve the right to refuse service without disclosing a reason.