This Creative

General Terms and Conditions

Terms of Payment, Legal Fees & Disputes

Payment terms

This Creative’s minimum order total is $150 and a 50% deposit is required with the Client’s order confirmation prior to production. The balance must be paid by the Client prior to the collection or delivery of the completed vehicle, graphic, or other print or design project based on agreed terms outlined below unless otherwise negotiated upfront.

All projects remain the property of This Creative until paid in full by the Client. The Client holds the final project or products (“property”) as the identified property belonging to This Creative pending payment. In the event that the Client fails to make payment in full on a project’s invoice, the Client irrevocably authorizes This Creative to remove the property supplied, including vinyl vehicle graphics.

The Client will be responsible for the payment of all work and designs performed by This Creative on behalf of the Client.

Payment is due when invoices are received unless credit terms have been extended with credit references supplied. If payments for past orders are not received, we reserve the right to cancel future orders. After 30 days, unpaid invoices are Past Due. After 60 days, the account is marked delinquent and may be placed with our collection service. Balances unpaid after 60 days will be charged interest at the rate of 1.5% per month. Any vehicle wrap invoice not paid within 15 days of completion are subject to a 1.5% fee per month, or part of month will be added to the original invoice. Expenses incidental to payment collection include: court costs, fees, expenses, and reasonable attorney(s) fees equal to 18% of the unpaid balance will also be charged to any account placed with our collection service.

Disputes

Clients shall identify to This Creative in writing any dispute concerning an invoice within ten days of the date of the invoice. If disputes are not identified in writing, the Client has accepted the invoice. Clients must return to This Creative any and all work in dispute, accompanied by written explanation. After investigation, errors on our behalf will either be corrected or credited to the Client’s account.

Delivery and Pickup

This Creative prefers to have Clients arrange their own driver or designated representative pickup and deliver products at This Creative’s location. Drop shipping is available for many, but not all, products offered by This Creative. Depending on availability and scheduling, This Creative may be able to provide delivery for vehicle wrap installations at the Client’s expense, plus overhead fee.

Returns

All banners, vehicle wraps, signs, and other customized products offered are custom made projects that are not refundable. All invoice contracts are final and no monetary refunds can be issued once the Client’s custom artwork is printed and either shipped, delivered or installed by This Creative or picked up in person by the Client or a designated representative.

If the Client has a concern with the job, the Client must contact This Creative IN WRITING before proceeding with any charge backs or credit returns. After This Creative is given the chance to explain the concerns, the Client has the right negotiate an agreement with This Creative. If no agreement can be met, then mediation is the first option prior to any Client claims.

This Creative must be given the opportunity to reprint or reinstall any job, before the Client issues any credit card charge backs or returns. This Creative will be given 30 days opportunity to correct and resolve any disputes prior to any legal action or credit returns.

Credit Card Charge Backs

In the event that the Client issues a credit card charge back, or alleges they did not authorize the credit card transaction, the Client’s credit card company will issue an inquiry. If the credit card company’s decision is made in favor of This Creative during their investigation of the claim, then the Client will be held liable for all legal fees, professional research, and discovery time associated with This Creative filing an inquiry or retrieval request with the Client’s credit card company. Additionally, if This Creative suffers any loss of credit card business associated with the Client’s charge back request, then the Client will be liable for all legal fees and any credit card transactions that This Creative is not able to process due to the charge back request resolution timeframe.

Estimates and Taxes

All estimates and project quotes are valid for 30 days and does not include packaging or shipping charges unless specified. Estimates are good faith estimates based on job specification information provided, current material costs, as well as contingent upon strikes, accidents, fire, material availability, and all other causes beyond our control. Final pricing subject to change upon receipt of artwork; turnaround schedule subject to change based on approval date of estimate.

The Client order is subject to applicable state and local taxes. Taxes will be adjusted for sales tax exempt corporations once This Creative receives a completed Government Sales Tax Use and Exemption form with their status; otherwise, appropriate taxes will be applied to outstanding invoices until received.

Job Cancellation and Errors

If the Client cancels the order before its completion, the Client shall be responsible for the cost of any proofs, artwork, materials and work done until cancellation notice is received in writing. In addition, This Creative reserves the right to charge a 15% cancellation charge in addition to the actual charges to cover unbilled internal costs including, but not limited to, scheduling, client communications, and resources utilized.

For accuracy all Client requests should be made in writing. Any verbal order will be accepted, but in the absence of any supportive documentation, This Creative will not be responsible for any verbal mistakes.

This Creative will gladly re-image any job that has problems due to an error on the part of This Creative. This does not include software limitations or improper set-up of a job. This Creative will not be held responsible for errors in work after final client sign-off or neglect of final sign-off. No claims will be honored after 24 hours of receipt of any completed and delivered work.

This Creative will not accept responsibility for the inaccuracies in orders telephoned or faxed by the customer.

Limitation of Liability and Confidentiality

This Creative cannot accept responsibility for consequential damages or loss of any kind resulting from the sale, installation, or delivery of our products. This includes anything caused through the application of the vinyl products, but is not limited to, any damage that may be caused to a vehicle from a vehicle wrap installation such as paintwork and/or vehicle body parts as well as the voiding of the vehicle warranty.

This Creative’s liability for materials submitted by Clients that are damaged, lost, or not returned to the Client is limited to the replacement of the unused material. Original artwork is left at This Creative is at the Client’s risk and is not subject to replacement. This Creative will not assume liability for damaged or lost files, only the damaged or lost media will be replaced.

This Creative will not be held responsible for low resolution images provided by the Client for printing. It is the responsibility of the Client to provide or purchase quality high resolution pictures for large format printing.

All original art provided to This Creative must arrive ready to print. This Creative will not be held responsible for any design layouts provided by the Client. When This Creative receives logos or print ready art we will not modify the color or design to avoid unacceptable errors. All work undertaken is under the condition that a complete, high-resolution file is supplied, complete with a color proof, Pantone references, and purchase order with the exact specification is provided by the Client. When artwork is supplied by the Client, it is the responsibility of the Client to ensure the artwork is in a “print ready” format.

It is This Creative’s policy to treat privileged information as confidential and we expect the Client to do the same. Both This Creative and the Client understand that during the course of their business relationship that each party may knowingly or unknowingly reveal confidential business information or trade secrets.

Project Start Times

The start time of any project does not begin until ALL items (including support files) for the project are in house and the Client approves the artwork. Additionally, the Client must also be accepted for credit/billing terms and have made their 50% project deposit.

From the time that a vehicle wrap design is completed and approved by the Client, it can be printed and installed within 10 business days. In some cases it can all be completed in 5 days after the design is approved. This Creative cannot control weather conditions which may result in delays with installation. As such, additional labor and/or travel costs may be incurred which are to be paid by the Client. This Creative reserve the right to determine the point at which weather conditions become too adverse to continue work.

Substrates

This Creative will consult with the Client to determine the substrate and process that will best suit the needs and conditions set forth in the scope of the project. Ultimately, the Client accepts full responsibility for determining if said purchased item will perform to their requirements on the substrate(s) to which they are applied.

Trademarks and Copyrights

Reproduction in any form, of copyrighted materials without prior permission of the originator is illegal. It is the responsibility of the Client to obtain said permission. This Creative is in no way responsible for obtaining permission and assumes that the Client has obtained permission before the work is submitted.

Logo and Graphic Design

Final form logo designs, wordmarks, and other branded graphics approved by the Client for official use will be the exclusive property of the Client upon final payment of total invoice. All other designs, wordmarks, and other branded graphics developed during the course of the project shall remain the property of This Creative, as is customary in our industry. The Client’s legal ownership rights of the approved final design(s) as intellectual property is exclusive to the extent provided by applicable national and international laws. Legal protection and appropriate registration of a logo designs, wordmarks, and other branded graphics developed by This Creative is the responsibility of the Client.

Once the Client’s logo design, wordmark, or other branded graphic complete the final artwork files will be digitally provided to the Client via email for use in other printed or digital projects outside of This Creative. The Client may chose instead to provide This Creative a portable media device, such as a thumb drive, to save the files on. Upon the request of the Client, This Creative will store artwork and a fee will be associated with any and all files that are stored to be used at a later date if kept over one (1) year.

Design and Additional File Set-up Charges

This Creative bills design work for creating original artwork at a rate of $85/hour. This hourly rate is the same for Clients requesting changes to be made to their supplied artwork or layout.

Additional set up time will be added to the final invoice when a Client’s provided files exceed the predetermined file set up rate included in their estimate. The Client will be notified of this charge prior to work being started and we require Client authorization before proceeding. Fee is based on This Creative’s design rate of $85/hour and is billed in 15 minute increments after the $50 minimum is met.

A separate project design fee will be included for each new project added to the current open invoice. This Creative can provide design and printing for business cards, flyers, brochures, and other marketing materials based on your branded graphics and logo for

Color Matching

Due to the nature of both screen and digital printing, we cannot match PMS colors exactly and give no guarantees to precise color matches. This Creative charges an additional $85/hour for color matching services that include providing a press match swatch on the substrate chosen for the Client’s project. Once the Client approves a swatch for production, This Creative will print within 10% to match it.

Due to the limitations and the sensitivity of the various substrates, it is impossible to reproduce all colors accurately. Therefore, in the absence of a representative from your company to select the appropriate color sample, reproduction will be at our discretion.

Use of Images and References to Completed Work

This Creative may, at its sole discretion, use images of completed work and/or refer to Client in This Creative’s portfolio and any other marketing materials. This may include, but is not limited to, press releases, brochures, flyers, signs, and vendor marketing materials designed to promote This Creative and its services.

Vehicle Wrap: Additional Terms, Conditions and Warranty Disclaimer

It is the Client’s responsibility read our FAQ frequently asked questions document prior contracting This Creative to perform any vehicle wraps.

Vehicle Paint

This Creative is not liable if the vehicle’s paint or clear coat begins to peel off during the installation of a wrap. Original painted vehicles will not have any problems with the clear coat peeling off. The adhesive on vinyl wraps will only adhere well to catalyzed vehicle paint and glass. Surface paint and clear coats in poor condition will not allow the vinyl adhesive to stick properly and may cause it to fail.

It is the responsibility of the Client to deliver a vehicle that is ready to be wrapped. Arriving vehicles should be clean and free from grease, oil, wax, and existing graphics (if not being removed by This Creative). A cleaning fee may be added to the final invoice if not completed by the Client prior to delivery.

Vehicle Graphic Design

The positioning of a vehicle wrap can vary from the proof by several centimeters throughout the entire length of a vehicle wrap. This is normal in the vehicle wrap industry and designs need to keep this in mind. Vehicles are not at exact right angle curves; they maintain lines that are not 100% parallel to the ground. Due to this fact the graphics that are 2D printed graphics they will not be at the exact same angle of the vehicle lines once the wrap is installed onto the 3D vehicle surface.

Measurement of the vehicle is always recommended due to template accuracy having a slight margin of error. It is recommended that vehicle wrap designers work with this in mind and take extra care to avoid the extreme edges of the wrap with vital information. See our artwork guide for more detailed advice and information.

Full vehicle wraps DO NOT automatically include the roof wrap. This Creative finds most Clients do not choose to wrap the roof of their vehicles.

Graphics applied to vehicles are intended to be viewed from a distance of at least twenty feet and This Creative produces each vehicle graphic with the detail and quality appropriate for viewing from such distance.

This Creative designs the majority of all our Client’s wraps and uses the original large format design files for the purpose of printing and installing the large format wraps we produce in house. Typically This Creative does not create large format design projects for another vehicle wrap company to print and install. This Creative reserves the right to keep all original files (including Adobe Photoshop and Illustrator) created for the Client’s large format printing.

If a third party design firm on behalf of the Client is involved, This Creative will consult/advise the third party as part of This Creative’s work order agreement. This service will be free of charge as long as This Creative performs the printing and installation. If the Client decides to take their design project elsewhere for printing and installation, the Client will be responsible for all This Creative consultation fees. It will be the responsibility of the Client’s designer to check the dimensions and layout of the actual vehicle(s).

Proofs

Graphics and alignment as applied to vehicle may not be precisely matched to the digital proof images produced for Clients review. Compared to the final product, proof sheets are created on a flat surface and viewed at a relatively tiny size on computer screens or printed on 8.5″ x 11″ paper. In many cases there are slight differences between the printed flat paper proof and the installed three dimensional curved vehicle wrap; this is due to the fact that a two dimensional print is being applied to a three dimensional vehicle and there are minor variances in the accuracy of vehicle templates.

In instances where This Creative provides the production artwork it is essential that the Client reviews the proof extra carefully. Beyond looking over the information content included in the design, the Client also needs to fully check the final proof against the actual vehicle to check for any major or minor vehicle variations. These can include elements such as the style of vehicle lights, position of badges, the number of doors and windows, etc.

Print Production

Large format print production with This Creative takes time to complete since the ink has to dry before we can laminate the prints. A vehicle wrap is made by applying 52 inch vertical panels of vinyl that have a 1 inch seam where the panels meet.

It is not reasonable to expect a latex inkjet printed vinyl wrap to cover and look exactly like paint or to look the same in all places. Paint is a smooth liquid spray application, whereas a vehicle wrap is printed onto a vinyl material using a high resolution, large format, latex inkjet printer. An inkjet printer print head passes over the vinyl 8 times to create a 1 inch area of coverage and will never print onto the vinyl with the same smooth characteristics of a smooth liquid sprayed paint job.

Most car paints look completely smooth when get up close to them and look at the paint from 6 inches. If you walk up to a printed wrap and look at it up close at the same distance you will see evidence of banding, a sign that it has been printed using an ink jet printer. “Banding” is a term to describe the horizontal print passes that occur during the printing process and is mostly apparent on solid colors without effects or textures in the design. This is not a major issue and is considered an acceptable condition for printed vehicle wrap customers since they are designed to be viewed as a moving billboard advertisement from a standard viewable distance of 15 feet or more away from the vehicle from a standard viewable distance of 15 feet or more away.

Compared to printed vinyl, automotive paint is more consistent in its color saturation across a vehicle. When you paint a vehicle with a solid color you get a smooth, consistent color on the entire surface. When you wrap a car with a printed vinyl the color may shift slightly between the printed panels and also the color may shift slightly in certain areas when the installer has to heat the vinyl to make the vinyl conform to complex curves. This color shift on complex curves is mostly apparent when solid coverage colors are used in the wrap and is typically accepted as a limitation of the vinyl wrapping process.

Install Site Conditions

This Creative prefers to use our facility for installation. If Client elects to have installation performed at a non This Creative location, This Creative will not be held liable for any issues related to improper install conditions such as temperature or dust.

If This Creative is installing the Client’s vehicle graphics at their nominated location, suitable conditions must exist. Vehicles need to be indoors in a clean, dust free, temperature controlled environment (with a power supply and good quality lighting), and a minimum of 5 feet working space around the entire vehicle. If in the opinion of the senior installer on site, conditions are not suitable for a high quality install of the wrap / graphics, the vehicle will be required to go to one of our nominated install locations.

Installations

This Creative’s installers can begin the placement for the Client’s vehicle wrap installation after the print panels are seamed and ready to go. You do not want to rush installers because this type of work is all done by hand and it takes time to install large format vinyl with near perfect placement.

On complex designs with many matching points, This Creative can not guarantee that the panel graphics will 100% match in alignment due to extreme complex curves on the vehicle. A 5% margin is considered acceptable on large outdoor advertising projects.

The application process in many cases takes no longer than a day or two for full wraps and partial wraps can be done within one day. This Creative recommends against rushing the installation process to prevent delays and potential issues. This Creative reserves the right to take an additional day for issues such as transportation and weather conditions.

If asked to cover existing vinyl decals, This Creative cannot be liable for any damage caused to exisiting decals during the installation or removal process. Professional automotive vinyl is so thin that when installed over existing strips or letter decals there will be evidence that there is old vinyl underneath the new vinyl.

Although This Creative tries to make vehicle wraps look like paint jobs, vinyl is NOT paint. There may be areas that exceed the limits of how far the vinyl can stretch before it changes saturation, such as around extreme curves. Bumps such as rivets, deep channel pockets, and moldings on the vehicle may also cause the pressure sensitive vinyl material to not be able to conform and adhere to the surface. In some cases, a relief cut needs to be made into the vinyl that will reveal a small amount of the original vehicles paint color underneath; in other instances, a patch is the only option to conceal the vehicle’s original color.

Areas under door handles, mirrors, behind gas caps, and inside door frames will not be wrapped. On-the-spot adjustments to the proof mockup may be made by the installer to assure maximum readability or alignment in cases of curves, handles, deep grooves, and rubber moldings and trims. In some small areas such as around door handles and the edges of lights you will see evidence of the original color of the vehicle below the wrap. This generally has to do with material limitations and is not a reflection of install quality.

The vinyl material used for vehicle wraps does not stick very well to plastic or rubber parts such as window trims, side plastic moldings, and plastic door handles. Initially the vinyl will stick, but over a short period of time (such as a few months) the vinyl will fall off these surfaces. It is advised that these types of areas are NOT wrapped.

Most cases of vinyl lifting caused by material issues will present itself in the first few weeks after the initial installation. It is advised that the vehicle wrap be fixed so that the vinyl does not continue to peel back and become contaminated. It is not uncommon to see small areas of the wrap lifting soon after the installation is complete. Several factors can effect the vinyl’s adhesives ability to stick to the vehicle surface, including:

If the surface is not prepared properly before the wrap then the adhesive can fail to stick overtime.
Extreme temperatures (very cold or hot) can effect the vinyl adhesive.
Extreme humidity in the air during installation can effect the adhesive.
Dust in the air during installation.

Driver and Passenger Windows

It is illegal to cover the front driver side glass. In some cases the police may also stop you for covering the passenger side glass. The reason is the police need to see into the vehicle. In some cases the Client may insist that the passenger side is wrapped in the design; This Creative will wrap it, with the disclaimer stating the Client is responsible for any issues regarding the coverage of the front windows.

Vinyl Removal

Vehicle wraps should be replaced every 3 to 4 years. Most vinyl manufactures such as 3M and Avery recommend this to allow for clean removals. The problem is most companies want to gain maximum exposure of their marketing over time with the wrap, leave the vinyl on the vehicle for too long, and the vinyl begins to crack. This is not good. As soon as you see the vinyl beginning to crack it is the sign that that wrap should be removed in that area and rewrapped if needed. Vinyl wraps may no longer be removable in some extreme cases when the wrap has been on the vehicle for more than 4 years. These vehicles may need to go to a body shop to be sanded and repainted. If the vehicle requires a body shop, This Creative will refer the Client to a body shop and Client shall be responsible for paying the body shop.

This Creative does not use any steel or metal knives during the removal process. We use plastics that will not damage the vehicles surface. This Creative does NOT engage in unconventional methods of vinyl graphics removal because it may damage the surface of the Client’s vehicle. Unconventional methods include cutting or scraping of the vehicle surface or the use of harsh chemicals that may damage the vehicles painted surface.

All removals are quoted separately. Wrap removal can be very time consuming and we charge by square feet and by the hour for the labor. This Creative can not be held responsible for any paint damage or existing striping damage when performing a removal since we do not know the integrity of the existing paint job, the condition of the painted clear coat, or the condition of any existing vinyl decals. By contracting This Creative do a vinyl removal on any vehicle, all vinyl removal Clients understand this and accept the policy. This Creative can not be held liable if, during the removal of the wrap, the clear coat is peeled back with the wrap. In some cases if you have existing vinyl stripes under the wrap (such as an RV that has striping on the sides) or a bus, This Creative can not be held liable if portions of the stripes get removed during the wrap removal. We only use industry standard glue removal products to remove any remaining glue once the vinyl has been lifted.

This Creative will not be held responsible in anyway if the Client is not satisfied that the existing graphics were not able to be removed using conventional removal methods. In many cases if you have striping on the vehicle prior to a new vinyl wrap the old vinyl has become weak over the years of sun exposure. The old striping adhesive can become weak and in some areas the striping will come up as the wrap is removed. This Creative is not responsible if old stripes come off during the removal of a wrap. When we wrap over existing vinyl strips or letters, the new wrap is so thin on top that there will be evidence that there is old vinyl underneath the new vinyl.

This Creative cannot be held responsible for damage to paintwork when the vinyl is removed. We do not advise application of a wrap on a re-sprayed surface, poor quality, or rusted paintwork. Our experience shows that removal of vinyl designed for vehicle wraps will not damage the paint from good quality, factory original paintwork. However, it is the duty and responsibility of the vehicle’s owner to ensure suitability of the existing surface before it is wrapped. In the event that This Creative is asked to remove vinyl installed by a company other than This Creative, This Creative will make every effort to remove the existing vinyl, but will not be held responsible for any damage they may occur to the surface of the painted vehicle after removal. This is due to the fact that not all pre-installed vinyl is designed to be removed; in many cases pre-existing vinyl is non-removable.

UV and Heat Damaged Vinyl

Horizontal surfaces such as the roof and front hoods receive extreme sun and heat damage. In many cases the sun will bake the vinyl into the paint on these horizontal surfaces if the vinyl remains on the vehicle for more than 4 years. Most vehicle wrap vinyl materials are guaranteed to remove cleanly from vertical surfaces for up to 4 years when applied onto original car paint. If the vinyl looks cracked on the roof or on the front hood, it means the sun and heat exposure has damaged the original vinyl, baking it into the vehicle’s painted surface. If this is the case, when the vinyl in that area is removed paint damage may occur. When the vinyl is cracked in this way, it will peel off in only small pieces when you begin to remove it. When the vinyl has expired its term of clean removability, paint damage may be unavoidable. This Creative will not be held liable for any paint damage that results from expired vinyl with prolonged exposure to the sun and heat.

Additional Vehicle Wrap Charges

Vehicle roofs are not automatically included in Client wrap estimates unless explicitly requested. The additional cost of production and installation labor as well as the materials to wrap a vehicle’s roof can range from $150.00 to $400.00 and up depending on the body type.

A cleaning charge of $80 may be applied to the invoice for all vehicles if they are not in a satisfactory clean condition. This fee includes the labor cost of our certified installers washing your vehicle prior to installation. To avoid this charge, please wash your vehicle before your scheduled installation date.

Warranty on Labor and Materials

This Creative can not warranty the installation if we do not install the wrap. If This Creative only prints the vinyl, then This Creative will warranty image quality only. This Creative only guarantees final prints designed and set-up by This Creative for print. This Creative voids warranty on express rush same day printing and lamination wherein installation schedule prohibits proper 24 hour print curing. This Creative expressly disclaims all warranties regarding paint jobs on non-standard OEM cars and trucks. This Creative expressly disclaims all warranties on buses, planes, trains, RVs, custom vehicles, and vehicles with OEM paint that is more that 6 years old.

This Creative offers the following warranties:

One (1) year warranty on the installation
One (1) year on the material applied to the windows
Four (4) years on the cast laminated adhesive vinyl applied to vertical surface areas
Two (2) years for calendared economy vinyl

Our vinyl wrap manufacturers offer the following warranties against adhesive and image quality failure:

3M vinyl: Four (4) years
Other vinyl brands: Two (2) to three (3) years
Window perforation material: Up to one (1) year

No warranty is given on horizontal surfaces with direct sun exposure such as roofs and front hoods. Anything over 10 degree vertical to horizontal is considered horizontal. The wrap warranty will depend upon the Client’s care of the vehicle as well as the outdoor and geographic conditions. If the Client ever sees the vinyl cracking it is time to replace the vinyl immediately.

Post Installation Vinyl Wrap Care

This Creative recommends hand washing only for vehicles with vinyl installed. Avoid high pressure, power washing, as well as harsh chemicals of any kind as they can deteriorate the laminate on the vinyl adhesive. There are specially designed products to clean and polish vinyl graphics if needed. Please wait at least three (3) weeks before washing your vehicle once your vinly cut lettering or wrap is applied.

Sweeping or brushing off the windows with a soft broom and the use of a rear defroster will not damage your window wrap, but be careful to never to use an ice scraper on window graphics.

Agreement

This agreement constitutes the entire agreement between the parties and will supersede all proposals or prior agreements, oral or written, as well as all other communications between the parties relating to the subject matter of this agreement. This agreement may not be varied other than in writing, executed by the duly authorized representatives of both parties. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein, which may appear on Client’s formal order, will not be binding on This Creative. Client acknowledges that they have read, understands, and hereby agrees and accepts the prices, fees, charges, use of images, specifications, and conditions stated herein. Client authorizes This Creative to perform all work as specified. Client has also been presented with, has read, understands the color matching criteria, and has selected the appropriate method for the design. Client understands that This Creative cannot guarantee the quality of any artwork that is not set-up by This Creative.

By accepting our EStimated scope of work proposal, and activating the job order, the client agrees to the terms stated above.