This Artwork Disclaimer (“Disclaimer”) is established to provide transparency regarding the terms and responsibilities pertaining to the production and printing of materials by Lotiva (“Lotiva”), utilizing files, specifications, and instructions provided by the client (“Client”). The initiation of services from Lotiva inherently signifies the Client’s understanding and acceptance of the conditions set forth herein.
1. Client’s Inherent Responsibility: Lotiva is dedicated to producing work of the highest quality. Nevertheless, it is imperative for the Client to recognize their pivotal role in thoroughly examining, approving, and rectifying proofs. This encompasses comprehensive proofreading, linguistic accuracy, layout cohesion, and design integrity. The Client is strongly advised to exercise heightened vigilance in ensuring the accuracy of all aspects of the artwork prior to granting approval.
2. Unforeseen Discrepancies Post-Production: In the regrettable scenario where Lotiva produces work in alignment with approved or provided files that subsequently exhibit disparities, the Client expressly assumes complete responsibility for any associated costs. This encompasses setup charges, printing expenditures, and material costs. Should the Client deem it necessary to initiate re-production due to such discrepancies, the supplementary expenses shall be the exclusive financial responsibility of the Client.
3. Authority and Legal Compliance: The Client unequivocally bears 100% responsibility for securing all necessary approvals, while also ensuring compliance with copyright, trademark, and licensing agreements relevant to the artwork submitted for production. Lotiva shall not be held liable for any infringements or breaches in this context.
4. Legally Binding Contractual Commitment: The Client acknowledges that their email-based endorsement or signature validating artwork carries the weight of an irrevocable contractual commitment. This commitment obliges the Client to remit payment for the complete spectrum of services extended by Lotiva. Artwork presented by the Client shall be reproduced as submitted, unless specific alterations are conveyed prior to the onset of production. Artwork originating from Lotiva necessitates explicit approval from the Client before it can proceed to the production stage.
5. Variations from Virtual Representation: The Client should be aware that the final printed artwork may exhibit variations from its appearance on screens or virtual proofs. Factors such as color rendition, resolution, and substrate properties can contribute to these differences.
6. Timely Communication and Modifications: It is the sole responsibility of the Client to promptly communicate any requisite modifications or amendments to Lotiva prior to granting approval. Lotiva shall not be held liable for issues arising from changes made after approval has been accorded.
7. Agreement to Stipulations: By engaging Lotiva’s services, the Client explicitly signifies their understanding of and agreement to the stipulations and clauses delineated in this Disclaimer. Furthermore, the Client undertakes to indemnify and hold Lotiva harmless from any claims, liabilities, or obligations arising from errors, inaccuracies, or non-compliance associated with artwork, proofs, or approvals.
8. Disclaimer Updates: This Disclaimer may be updated by Lotiva for any reason whatsoever, and such updates shall take effect immediately upon publication.
This Disclaimer is deemed effective upon the engagement of Lotiva’s services and supersedes any prior agreements, whether oral or written, pertaining to the subject matter addressed herein.
