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Policies & Procedures
Payment Procedures
| Cancellation Procedures | Lawful Purpose
Indemnification | Disclaimer
All accounts are set up on a prepaid basis. Nonrefundable
setup fees are charged for all new accounts and major account changes. Once an account is
established, payment is due one month prior to the month for which the service will be
provided. The initial charge at sign-up shall be for the prorated portion of the sign-up
month remaining as well as the charge for the following month. For example, a client
signing up on November 15th would incur an initial charge for one half of November and for
the month of December. On December 1st, that client will be charged for the month of
January. Credit card orders that are on a 'month-to-month' basis will be charged
automatically to the card number on file. If, for any reason, the card does not clear with
the bank on two attempts, the account holder will be sent an e-mail indicating that he or
she is in default. Any account not brought current within one week of the e-mail notice,
or, in the event no e-mail notice is sent, more than two weeks, is subject to suspension.
The customer is responsible for all charges incurred on the account from its establishment
to the time that Graphic Traffic receives written notice from the Customer of the
Customer's request for termination of services. Checks returned unpaid (NSF) will be
assessed a $15 charge. All payment must be made in lawful currency of the United States.
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Graphic Traffic reserves the right to cancel service to any
Customer at any time for any reason. If Graphic Traffic exercises its right of
cancellation, all fees paid by the Customer in advance of cancellation will be pro-rated
on a daily basis, and those not yet earned by Graphic Traffic will be returned to the
Customer within 30 days of the cancellation date by company check. Fees considered earned
by Graphic Traffic are calculated by multiplying the monthly charge by the fraction of the
month in which service was provided. For example, a Customer with an account beginning
before June 1 who is canceled on June 20 would be due 10/30 or 33% of the fees for June as
a refund, since only 10 days remain in June at the time of cancellation, and the Customer
has made use of the service for 20 days. If cancellation is due to the Customer's
violation of these policies, then no refund whatsoever shall be due. The Customer may
cancel service any time. In case of such cancellation, Customer will be refunded the
amount exceeding Graphic Traffic earned fees for the month as calculated hereinabove. All
cancellation by a Customer must be done via a written notice sent by US mail bearing the
valid signature of the primary contact of the account. Payment of refund, if due,
following Customer initiated cancellation will be made by company check within 15 days of
receipt of written notice of cancellation.
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Terms & Conditions
Graphic Traffic reserves the right to refuse service to
anyone. Customers may only use Graphic Traffic service for lawful purposes. Transmission
of any material in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to, copyrighted material, material legally judged to be
threatening or obscene, or material protected as a trade secret. Graphic Traffic expressly
forbids anyone from using Graphic Traffic service for the propagation, distribution,
housing, processing, storing, or otherwise handling in any way of lewd, obscene, or
pornographic material, or any other material which Graphic Traffic deems to be
objectionable, including, but not limited to, pornography, satanic materials, and any and
all materials of an adult nature. The classification of any materials as being within the
categories described above is left entirely to the discretion of the Graphic Traffic
management.
Graphic Traffic services are intended for the end user only. Customers may not sublease,
subhost, or relinquish control of any portion of Graphic Traffic resources. Doing so may
result in immediate account cancellation.
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Customer agrees that it shall defend, indemnify, save and
hold Graphic Traffic harmless from any and all demands, lawsuits, arbitration's,
liabilities, losses, costs and claims, including reasonable attorney fees resulting from
such as asserted against Graphic Traffic, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or agreed to be
performed or any product sold by Customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Graphic Traffic against liabilities arising
out of: (1) any injury to person or property caused by any products sold or otherwise
distributed in connection with Graphic Traffic; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) and defective product sold by Customer on Graphic Traffic.
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Graphic Traffic is not responsible for any damages Customer's
or any other business may suffer. Graphic Traffic makes no warranties of any kind, express
or implied, for services provided. Graphic Traffic disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of data resulting
from delays, nondeliveries, wrong delivery, and any and all service interruptions caused
by Graphic Traffic and its employees.
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