The following Terms and Conditions of Service apply to all products and services provided by Americano under the model of Overhand.
All work is carried out by Americano on the understanding that the client has agreed to Americano’s terms and conditions.
Copyright is retained by Americano on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Americano as fulfilling the contract. All other designs remain the property of Americano, unless agreed in writing that this arrangement has been changed.
At the time of project submission, Americano will provide the customer with a written estimate or quotation for turnaround time and associated licensing if applicable. Americano will begin work on the project once the project submission has been approved by Americano. From time to time, we might have additional questions or need some clarification and will communicate this immediately.
Charges for licensing of materials made outside of Americano to be provided by Americano, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, the cost will be charged to the client's payment method on file unless otherwise arranged in writing. Work on the project will not commence until Americano has received this amount.
Your Overhand membership will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Americano Subscription service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
Payments may be made by ACH transfer, major credit card, debit card, or previously agreed electronic funds transfer (i.e. Paypal, etc). Publication and/or release of work done by Americano on behalf of the client, may not take place before cleared funds have been received. Personal or business checks will be accepted as form of payment for service, but must be sent to the address provided by Americano with a tracking number and cleared before work can begin.
- Recurring Billing. By starting your Overhand membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Overhand service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned payment. Americano shall be considered entitled to remove Americano and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Americano reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
If a payment is not fulfilled or returned, Americano reserves the right to halt all work or the release of works until the payment has been fulfilled and received by Americano. If no payment is fulfilled or received within 30 days, and the account had projects in progress, Americano will release the most recent file version to the client via email or cloud based service and close the account.
Copyrights and Trademarks
By supplying text, images and other data to Americano for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Americano on behalf of the customer, will remain the property of Americano and/or it’s suppliers unless specifically licensed or released in writing upon approval. The customer agrees to fully indemnify and hold Americano free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Any design, copywriting, drawing, idea or code created for the customer by Americano, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Americano and any of it’s relevant sub-contractors.
All design work—where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Americano will not be held responsible for any and all damages resulting from such claims. Americano is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Americano responsible for any such loss or damage. Any claim against Americano shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Americano’s definition of acceptable means of supplying data to the company. Text is to be supplied to Americano in electronic format as standard text (.txt), MS Word (.doc), Adobe Reader format (.pdf) on flash drive, via e-mail, or TypeForm links.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Americano in a flash drive, cloud storage, e-mail, WeTransfer link, or TypeForm direct upload. Images must be of a quality suitable for use without any subsequent image processing, and Americano will not be held responsible for any image quality which the client later deems to be unacceptable. Americano cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. However, we're good people and will let you know if the image quality is not suitable for the format it will be output as. It is the client's responsibility to provide images intended for print as high resolution with at least 300 dpi and images intended for web with at least 72 dpi.
Additional expenses may be incurred for any necessary action or service outside of the Overhand scope, including, but not limited to, photography shoots and art direction, photography searches, media conversion, digital image processing, or data entry services.
Rights of Access for Website Construction
The client agrees to allow Americano all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Americano access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Americano with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Americano considers the design project complete upon receipt of the customer’s Review and signed Approval in the form of email, the dashboard, or form provided by Americano. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project outside of the Overhand scope and can be treated as a separate charge.
Americano will consider that the client has accepted the original draft, if no notification of changes or approval is received in writing from the customer, within 14 days of the start of the review period. Americano will, in good faith, check in on the status of a project if appropriate time and resources are available.
Americano reserves the right to fire clients that are problematic over time and cancel their membership without notice. Problematic behavior includes, but is not limited to, disrespecting Americano team members in any mode of communication, disrespecting clear boundaries set by Americano via any mode of communication, repeatedly not abiding by our clear process three times or more, not communicating clearly after several attempts and/or irrational understanding. We want to make sure we have a healthy working relationship with you and will abide by and hold ourselves to the same standards of respect.
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
Americano does not offer in-house hosting services. Americano can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Americano may request that clients change the type of hosting account used if that account is deemed by Americano to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Americano are not liable for their payment.
Americano cannot guarantee the availability of any domain name. Where Americano is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration. If a domain name is not available, alternate names will be proposed.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Americano cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added daily. The client understands that successful ranking requires ongoing maintenance.
The customer agrees to allow Americano to place a small credit on printed material exhibition displays, advertisements and/or a link to Americano’ own website on the customer’s website when Americano deems it suitable. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Americano to place websites and other designs, along with a link to the client’s site on Americano own website and social media for demonstration purposes and to use any designs in its own publicity and promotional materials in print or digital format.
Rights of Refusal
Americano will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Americano also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Americano does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Americano to remove the contravention without hindrance, or penalty. Americano is to be held in no way responsible for any such data being included.
You may cancel your Overhand membership at any time. If you cancel within the free 7-day trial, you will be refunded in full. If you cancel after the free 7-day trial, Americano retains the payment for the month and you will continue to have access to the Overhand service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. Americano is not responsible for your neglect to cancel your membership. To cancel, email firstname.lastname@example.org with "Overhand Membership Cancellation" in the subject line, or you may cancel directly yourself through the account login information provided to you via email by Moonclerk. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for an Overhand membership using your account with a third party as a Payment Method, and wish to cancel your Overhand membership at any time, including during your trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Overhand service through that third party. You may also find billing information about your Overhand membership by visiting your account with the applicable third party.
Americano makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Americano will not be held responsible for any and all damages resulting from products and/or services it supplies. Americano is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Americano responsible for any such loss or damage. Any claim against Americano shall be limited to the relevant fee(s) paid by the customer.
Americano reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Americano will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Americano reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Americano and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Americano.