This policy covers artwork, proofs, revisions, cancellation, and photographs of finished work, for vehicle graphics work by Fleet Herald, a service of Burton Auto Detailing LLC. Our Terms and Conditions govern everything else, and our Privacy Policy explains what we do with the information you give us.
1. Scope and precedence
Where this policy and the Terms and Conditions both speak to artwork, revisions, cancellation, or photographs of finished work, this policy controls. The Terms govern every other part of our agreement with you. Your written quote, meaning your estimate and the terms shown with it, controls over both this policy and the Terms where they cannot be read together, because it is the document we agree for your project, except that the rules on published price changes in section 2 of the Terms control over it. Nothing in this order takes away a right the law gives you.
2. Artwork you supply
Print-ready means we can send your file to print without redrawing it. A file is print-ready when it meets all of the following:
- Vector artwork is preferred: AI, EPS, SVG, or PDF with live paths. Vector scales to any panel on any vehicle without losing detail.
- Raster artwork, such as JPG, PNG or TIFF, must be at least 100 dpi at full output size. Full output size means the finished size of the panel the artwork prints on, not the size the file appears on your screen.
- Fonts are converted to outlines, or the font files are supplied with the artwork.
We check your files before we begin. If artwork you send does not meet this standard, we redraw it as vector artwork, sharpen it or clean it up at no separate charge, and we treat it as a request for design help, so the window for your first proof starts without waiting for a new file. If we cannot reproduce it faithfully from what you sent, we tell you what we need as soon as we find that, and in any case before that window ends, and the time from our request to your new file, or to your telling us you have none, extends the window, as section 3 of our Terms provides. If no better file exists, we redraw it as faithfully as we can from what you have, at no separate charge, and you judge the result on the proof. A new logo drawn from nothing is logo creation, which we do only if you ask for it, at the charge section 3 sets.
3. If you need design help
If you have no usable artwork, choose the design-help option when you request a quote. Our design staff draws original artwork for your project as part of the service, at no separate design charge, subject to the revision allowance in section 4.
Creating a new business logo from nothing, rather than redrawing one you already have, is separate work from laying out vehicle graphics. For fleet accounts and returning customers there is no logo-creation charge. A fleet account is a customer whose written quote covers two or more vehicles. A returning customer is a customer who has paid us in full for an earlier Fleet Herald project. Any other customer is a new customer. For a new customer, logo creation is a flat rate of $200, and we confirm it in writing before any work on it begins. Once the project it was made for is paid, a logo or re-design we create is licensed to you for good, to use and change for your business or your own use and to pass on with your business, and Fleet Herald keeps any copyright in it. A logo we create uses no stock images; font files, and any stock image in a re-design, stay under their own licenses, which we name for you; and logos and artwork you send us stay yours, as section 8 describes.
4. Revisions
- Your project includes up to three (3) rounds of revisions to the proof at no design charge. A round is one consolidated set of change requests that we answer with a revised proof. Follow-up messages about the same set of changes belong to that same round and do not start a new one.
- Beyond three rounds, an on-task revision still carries no design charge. An on-task revision refines the design you have already approved in direction: wording, color, sizing, or where an element sits.
- A re-design is different. A re-design replaces the concept rather than refining it, such as a new layout drawn from scratch or artwork that abandons the direction you approved. The direction you approved means a proof concept you told us in writing to go ahead with. For a new customer a re-design is a flat rate of $100, and we confirm it in writing before any chargeable work begins. There is no re-design charge on a fleet account or for a returning customer.
- A change to the scope of the project, such as a different package or additional vehicles, is not a revision. It is re-quoted under the Estimates and pricing section of the Terms.
5. Approving the proof
Nothing prints until you approve the proof in writing. A written approval, including one sent by email, has the same effect as a signature under Ohio Rev. Code Chapter 1306. Approval is the point at which we commit materials to your job, so please read the proof closely. What you approve is what we print. A text message is not a written approval: if you text us about your proof, we ask you to approve it by email or on paper. If we revise the proof, we print the revised proof only after you approve it in writing.
6. Canceling before we print
Before we start printing or cutting the material for your project, you may cancel it at no charge. We record when we start in our job records and send you a written notice of it the same day. The only exception is work you separately authorized in writing and we have already performed, such as logo creation or a re-design we confirmed in writing. We will tell you that amount before you decide, and anything you have already paid above it, including a deposit, is refunded to you.
To cancel, call us or email us using the details at the end of this policy. A cancellation counts from when it reaches us, and we confirm it to you in writing.
7. Canceling after we print
Once we start printing or cutting the material for your project, it is produced specifically for your project and has no resale value to anyone else. If you cancel after that point, you are responsible for the cost we have actually consumed on your job at the time you cancel: the material printed or cut, and the press and plotter time used, plus any sales tax Ohio law requires on that amount.
Cost here means what we actually pay for that material and that press and plotter time. It is not a retail rate, it carries no margin of ours, and it includes no charge for our own labor. We give you an itemized written statement of it within five (5) business days of your cancellation, so you can see exactly what you are being charged for, and if you want to see the material and printing records behind that statement, ask and we will send them. If you cancel while installation is under way, we will also tell you what has already been applied to the vehicle and what removing it would involve, before you decide, and if you ask us to remove it, we do so at no charge.
The charge never exceeds the cost actually consumed, and it is never a charge for work we did not do. Work you separately authorized in writing and we have already performed, such as logo creation or a re-design we confirmed in writing, is charged as section 6 describes, whether you cancel before or after we start printing. Anything you have already paid above those amounts is refunded to you.
Once you have paid what you owe, the printed material is yours. You may collect it from our shop within thirty (30) days of the itemized statement; after that, we may dispose of it. When you have paid for logo creation or a re-design, that payment is payment in full for that artwork, and section 8 licenses it to you. Other artwork our design staff created for you stays subject to section 8.
8. Who owns the artwork
Artwork you supply, meaning artwork you send us or point us to for us to reproduce, such as a logo on your website, remains yours. By sending it to us or pointing us to it, you grant Fleet Herald a non-exclusive, worldwide, royalty-free license to reproduce, adapt, resize and format it solely to produce, proof, print and install your vehicle graphics, and to keep a copy on file for as long as we retain it under section 11 so we can match a future reorder, repair or additional vehicle to the same design. This license does not transfer ownership to us, and we claim no ownership interest in artwork you supply.
Artwork our design staff originates for you is different. Fleet Herald owns any copyright in artwork we create, if it carries one. Once the project it was created for is paid in full, we grant you a perpetual, irrevocable, royalty-free license to use, reproduce and change it for your business or your own use, including on your vehicles and in your business and marketing materials, and to have others, including another shop, reproduce it for you, and the license passes to anyone who takes over your business. A logo we create uses no stock images. Font files, any stock image in a re-design, and any other material we license from others are not ours to license: you may use them as part of these graphics, and otherwise only as their own licenses, which we name for you, allow. Logos and artwork you send us stay yours, and a redraw of a logo you send us, however closely we can match it, is not a new design of ours. The license holds on a fleet account and for a returning customer too, where logo creation and a re-design carry no charge. Logo creation or a re-design you have paid for separately is licensed to you the same way once you have paid for it, even if you cancel the project, as section 7 describes; other artwork from a project you cancel is not. On request, we sign a written copy of this license for you. We will not sell, license or reissue that finished design, or any element carrying your business name or mark, to anyone else. We may reuse general techniques, layouts and non-identifying elements developed in the course of your project for other customers. If a revision incorporates material you supply separately, such as your own sketch, wording or image, that material stays yours under the license above.
9. Photographs of finished work
We photograph and film finished work, and we show it. You grant Fleet Herald and Burton Auto Detailing LLC a non-exclusive, worldwide, royalty-free license to photograph and film your vehicle, or whatever surface we applied graphics to, after installation, and to show those photographs and that footage, together with your business name, logo and the graphics as installed, in our portfolio, on our website, on our social media and in our own marketing, to show the work we performed.
We will not state or imply that you endorse, sponsor or recommend us; we describe the work only as work we did for your business. If any mark on the vehicle belongs to someone else, such as a franchisor, a supplier or an institution, you confirm you have the authority to allow us to show it.
You can decline this at any point, and you never have to give a reason. Tell the person handling your job, or email the address at the end of this policy. Within thirty (30) days of your request we will remove it from our website, from our social media profiles, and from any other marketing we control. Withdrawal applies going forward: we cannot recall printed material already distributed, advertising already placed, or copies held by search engines or third parties. We may keep an internal, non-public copy with your service and warranty record either way, because it is the record of what your vehicle looked like when it left us.
10. Your warranty and indemnity
You represent and warrant that you own all right, title and interest in any artwork, logo, trademark or other material you send us or point us to for us to reproduce, or that you have obtained every permission, license and consent necessary for us to reproduce it on your vehicle and to use it as described in this policy. This includes any logo, business name, slogan or design element supplied by you, whether you created it, licensed it, or had a third-party designer draw it for you. Please confirm that permission before you send the file or point us to it. Designs you send only to show us a style you like are for reference: we do not reproduce them, and this warranty does not cover them.
If you are an individual buying primarily for personal, family, or household purposes, you agree only to repay us damages a court awards against us because of a breach of that representation; otherwise you agree to indemnify, defend and hold harmless Fleet Herald and Burton Auto Detailing LLC, its owner, employees and contractors, from any claim, loss, cost or liability, including reasonable attorneys' fees, arising from a breach of that representation, including any claim that artwork you asked us to reproduce infringes or misappropriates someone else's intellectual property. You have no obligation under this paragraph to indemnify or repay us for a claim arising from our own negligence, gross negligence or willful misconduct, including our continued use of artwork after we have actual knowledge, before printing, that it infringes another party's rights.
11. How long we keep your artwork
We keep your artwork for twelve (12) months after your most recent order that used it, so that a reorder, a repair panel, or an additional vehicle can be matched to the same design. We do not publish the artwork files you send us. You may ask us to delete them sooner by emailing the address below; if you do, we may no longer be able to match a later order to your original design.
12. Contact
Fleet Herald, a service of Burton Auto Detailing LLC
3920 12th St NW, Canton, OH 44708
Phone and text: (330) 775-0998
Email: info@fleetherald.com