Terms & Conditions
These services are provided by Ptak & Co.
Please read these terms and conditions (“Terms”) carefully. By accessing and using our website and any content, features, marketing consultations, writing, graphic design and other services provided therein (together, “Work”), you indicate your acceptance of these Terms, the Privacy Policy and any other notices, guidelines and rules published by Ptak & Co on our Services. The Privacy Policy can be accessed from the link in the footer of this website.
If you do not accept these Terms, please do not access and/or use the Work.
Occasionally, Ptak & Co may update these Terms at our discretion. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms. Ptak & Co will always provide prominent notice of these changes when and if they occur.
You agree to use our Work for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Work and in compliance at all times with these Terms and with all laws and regulations that apply.
In using our services, you agree not to adapt, alter or create a derivative work from any content provided to you, whether by adding or removing material from the Work. You will need our prior written permission if you want to use any content from our Work for any other reason. Alterations shall be deemed to include the addition of any graphic designs, copywriting, imagery etc.
Any personal information supplied to us as part of the registration process and/or other interaction will be collected, stored and used in accordance with our Privacy Policy. We have the right to refuse service to any client, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms.
All rights not expressly granted to the client are reserved to Ptak & Co, including but not limited to all rights in preliminary materials and all electronic and non-electronic rights. For purposes of the Terms, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, USB, computer databases, network servers, and any other digital format known now or later.
All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, or our services, are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these Terms. All such content as listed above and copyrights or trademarks provided to Ptak & Co by clients are considered to be owned or licensed by the client, and such license is granted to Ptak & Co for use, reproduction, and delivery when commissioning for any work.
The ownership of the Work shall remain property of Ptak & Co. Ptak & Co reserves all reproduction rights, including the right to claim statutory copyright, in the Work. Except as specifically permitted in our client agreements, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Work without the express, written consent of Ptak & Co. All approved reproductions shall bear the following copyright notice: Copyright © Ptak & Co 2022. All rights reserved.
Upon receipt of full payment, Ptak & Co grants to the Client the following rights in the Work: For use online on the Client’s website, any social media pages, and on other promotional avenues specifically targeted towards marketing the said project, business, or service. The Client may not sell the product alone or in combination with any other material unless a transfer of copyright has been issued from Ptak & Co at a fee of $500.00.
In the unlikely event that all or some of the copywriting, graphics, or other works fail to materialize or there is total project failure due to reasons beyond Ptak & Co’s control, the liability of Ptak & Co will be limited to a 25% refund of all money paid towards that portion of the project. If the final product has been delivered to the client for a period of 10 business days, Ptak & Co carries no responsibility for the loss of such material from our archive drives. Neither party shall be liable for indirect or consequential losses. In any event, the limit of Ptak & Co’s liability shall not exceed the project price.
You accept that Ptak & Co is interested in limiting the personal liability of its team members and heirs. You agree that you will not bring any claim against Ptak & Co’s members, executors, heirs or other parties in respect of any losses you suffer in connection with the website or any of the services offered by the company.
Ptak & Co will take every care to the performance of this Agreement. But Agreement is subject to Acts of God beyond our control, i.e. Fire or Police action.
The Client agrees to indemnify and hold harmless Ptak & Co against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 5.
Prices are subject to change without notice. Please contact us for an updated price list. Ptak & Co will always provide prominent notice of any price changes.
There will be a maximum of one set of revision requests per project if the client requires it. Additional revision requests will be charged at $90/hr (pro-rated into 30-minute increments).
Completed projects must be downloaded by the client within 10 business days from the project completion date. After this point, the projects are archived. A $25 fee will be charged to unarchive completed projects. Projects can only be un-archived up to 6 months from the delivery date when they are deleted and can no longer be recovered.
As an affiliate of Ptak & Co, you agree to thoroughly read through our website content and familiarize yourself with our services. You represent the Ptak & Co brand when speaking to prospective clients and, therefore, must do it with the utmost respect and professionally. You are not an employee of Ptak & Co and acknowledge that you cannot engage in any responsibility nor contract any obligation on behalf of Ptak & Co under any circumstances.
A waiver or any breach of any of the provisions in this Terms agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.