Action Consulting, LLC Terms of Use

By working with Action Consulting, LLC, you agree to abide by the following terms.

Terminology
Passwords and Security Policy
Website Content Policy
Data Policy
Domain Name Registration Policy
Artwork Approval Policy
Payment Policy
Sales Tax Policy
Cancellation Policy
Collections Policy

TERMINOLOGY

For the purposes of policy stated herein, "Action Consulting, LLC,", "our", "we", or "us" refers to employees, owners, contractors, subcontractors, and/or lessors of Action Consulting, LLC, a limited liability company registered in the Commonwealth of Virginia with the Virginia State Corproration Commission. Action Graphics, Action Discount Hosting, Action Hosting.us, Action Invitations, and Scripting Experts are legally registered trade names for business conducted under the umbrella of Action Consulting, LLC, and may be used interchangeably.

Further, the term "customer" or "customers", also referred to as "you" and "your," signifies customers, and/or individuals acting on behalf or in the stead of customers.

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PASSWORDS AND SECURITY

For the safety, security, and integrity of your data, you agree not to provide to any other party or parties, for any reason, your username and/or password for access to any information, data, electronic mail or other account(s) you hold with Action Consulting, Action Discount Hosting, ActionHosting.us, or our partners. No individual other than the primary account holder should have access to your accounts or should know or be made aware of your username and password, unless you elect an account executive and establish permissions accordingly, when appropriate. Action Consulting keeps all such data in strict confidence and will be held blameless for loss of any data stored on our servers by customers or by individuals acting on behalf of customers, whether with or without knowledge of the customer.

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website CONTENT POLICY

Summary:

  • No obscene, explicit, or sexually oriented content is permitted.
  • All copyright and other laws are to be followed by users of our services.
  • If you break this or any other policy your account may be canceled and your fees forfeit, at our discretion.

Details:
All services provided by Action Graphics may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes but is not limited to the following: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Action Graphics and Action Consulting, LLC from any claims resulting from the use of the service which damages the subscriber or any other party.

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DATA POLICY

Summary:

  • Data is owned by customers.
  • Responsibility for backup of data is solely that of customers.
  • If your account is terminated or suspended, your access to data is forfeit.

Details:

For the purposes of policy stated herein, "Action Graphics," "our", "we", or "us" refers to employees, owners, contractors, subcontractors, and/or lessors of Action Graphics or of Action Consulting, LLC.

Action Consulting, LLC does not own any responsibility for data stored on our servers other than the data authored by our own employees in the form of web pages located on our websites, including actiongrafx.com and actiongrafx.net. Action Graphics will be held blameless for loss of any such data stored on our servers by customers or by individuals acting on behalf of customers, whether with or without knowledge of the customer. All such individuals shall hereinafter be referred to jointly as "you" or "customer(s)".

Customers storing data on our servers (for web hosting registered through http://www.actiondiscounthosting.com, web hosting reseller activities through http://www.ActionHosting.us, or the servers of any of our affiliates) retain all rights of the data, such as may be established by any court of law. Likewise, customers storing data on our servers hold certain responsibilities, to include but not to be limited to meeting the terms of the Action Consulting, LLC website Content Policy. Customers warrant that any information they place on our servers is legal, used for lawful purposes, and does not infringe on the intellectual property rights of other individuals or corporations.

Any violations of this policy may result in termination of your account. If your account is terminated due to violations of policy, you may be denied access to the information placed on our servers. Further, if your account is suspended due to lack of payment, late payment, or investigations surrounding the acceptability of payment, etc., you may be denied access to data stored on our servers. This should provide additional incentive for customers to always have a backup of their most current data.

Action Consulting, LLC, contractors, subcontractors and/or lessors reserve the right to back up any data on our servers for the purposes of security and data retention. However, this is a convenience and not a responsibility. The customer at all times retains all responsibility for backing up data stored on our servers. It is STRONGLY recommended that customers back up and retain copies of all data stored on our servers. Further, for your own safety and security, we recommend you store this data in a separate location and on media separate from your primary computer's hard drive.

By storing your data on our servers, you agree to these terms and all other Action Consulting, LLC terms and policies, and you agree to indemnify and hold harmless Action Consulting, LLC, Action Graphics and ActionDiscountHosting.com from any claims resulting from any loss of data.

Notwithstanding, Action Discount Hosting does include state-of-the-art backup systems including content management versioning and recovery systems. If you have lost data, you may contact us and we will work with you to attempt in good faith to recover such data as a courtesy to our customers.

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DOMAIN NAME REGISTRATION POLICY

Action Consulting, LLC, its employees and assigns make no representations as to whether domain names registered through us or any agents on our behalf infringe or violate any trademark or intellectual property rights. Action Consulting, LLC serves as an agent for domain registration only, and is not responsible nor to be held in any way liable for any conflicts, copyright or trademark infringements.

Action accepts no liability if other parties obtain the domain name you desire.

  • Action makes no warrantees or guarantees, express or implied, regarding availability.
  • Domain names are provided on a first come, first served basis.
  • Action is not responsible or liable if your domain name was available when you checked, but was taken by another party before your payment clears, per our policy.
  • Nonetheless we will not attempt to auction, bid, or sell a name you request to another party.

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ARTWORK APPROVAL POLICY

When Action Consulting, LLC, or our affiliated employees perform graphic design and/or layout and then print your job, we require written authorization from you, the customer, before we proceed with the final product. This generally takes the form of your response in an electronic mail message. Only if it is agreed to in advance, we reserve the right to accept your approval response in writing via facsimile. Note, however, that we discourage fax communication.

If we produce a printed product at risk without written approval, and there is an issue with the product, then if you notify us within 14 days in writing, Action Consulting, LLC will work with you to correct the problem, as long as the reprinted job has the identical specifications (quantity, stock, media, etc.). There may be additional cost (such as shipping), which we will disclose to you before reprinting.

If we do not perform design, but print a product that is provided to us solely for printing, then if there is an error in the final printing job related to artwork provided to us, you will bear the full cost of any reprinting, as well as shipping. If we correct the artwork on your behalf, there may be additional charges associated with the time and effort required to correct the layout.

If you approve artwork that contains errors in design, spelling, typography, unwanted borders, gradients or other artifacts, then any cost in reprinting the job will be your responsibility. We reserve the right to discount a reprinted job (generally by 10%) but this is not guaranteed. If any of the specifications of the reprinted job change, pricing is subject to change.

If the final product is faulty, substandard, or contains an error that was introduced by us and not approved by you, we will work with you to provide an updated product with no further cost to you, with the possible exception of shipping costs.

Foil Stamping Exception:

When a job we produce includes foil stamping, we provide you with advice as to whether the material is likely to result in a clear image. Generally, we recommend typefaces of at least 12- point size or line art 2 points or thicker. The medium of foil stamping itself is complicated. If we advise you that there may be issues with filling in of letters (such as e's and o's), or that type contains ligatures or serifs that are too fine, or lines that are too thin, then if you agree for us to produce the job, you agree to proceed at your own risk.

We will not produce printed materials with foil stamping on two sides. Please don't ask us. You won't be happy, and then we won't be happy, and it's a downward spiral from that point.

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PAYMENT POLICY

Summary:

Products will not go into production or be shipped until balances are paid and the funds received. All services require payment in advance. See Payment Required in Advance.

Credit, or the delivery of products or services in advance of payment, may be provided by invitation only to repeat customers predicated on a consistent record of payments, and may be revoked at any time with or without cause. See Credit Terms.

For fastest service, we recommend using a guaranteed payment method. See Guaranteed Payments.

Payments made by methods other than guaranteed methods (for example, personal or business checks), that are subsequently determined to be incomplete or insufficient, are subject to our policies as stated herein. See Incomplete Payments and Insufficient Payments below.

 

Guaranteed Payment Methods Accepted by Action Graphics/Action Consulting, LLC

Guaranteed payment methods include the following:

  • Payment using cash
  • Payment by cashier's check, certified chck, or money order
  • Payment using PayPal (providing that you abide by PayPal's terms, including using the registered shipping address to receive your delivery)
  • Payment using a major credit card through our merchant processing system
  • Payment using electronic funds transfer (EFT), such as wiring money from your financial instituation to ours
    (Note: Requires prior approval, and you will be required to pay for any service charges we incur for receipt or processing of wired funds).

Debit cards are not an acceptable form of payment at this time.

 

Payment Required in Advance

Payment for products and services is required in advance of delivery, unless other payment terms are specified by Action Consulting, LLC in advance. For ordering social invitations only, and when business is conducted in person only, advance payment of 50% is required, with the remaining balance due upon receipt.

All checks must be made to the order of Action Consulting, LLC. Checks are no longer accepted in the name of Action Graphics.

  • Special orders (including orders involving special inks, special paper stock, foil stamping or embossing, or non-standard materials) may require two payments: one for the special order item, and a second for the balance of the product or service.
  • Separate payment may be requested for shipping, usually when final weight of product (and therefore exact shipping charges) are unknown at time of order. In such cases, payment is not considered to be made in full until payment for shipping has been received upon completion of order. See Incomplete Payments and Insufficient Payments below.
  • Action Consulting, LLC may choose to waive requirements for payment in advance for products or services, at its sole discretion. Typically, waiver of requirement to pay in advance (in other words, the extension of credit terms) is for repeat customers, and is based on factors which include familarity with a customer's industry, financial situation, previous order and payment history, other criteria, or combinations thereof. In these instances, customers must adhere to terms indicated on their invoices or be subject to late fees.
  • Payments made by check (other than guaranteed payments), including e-Checks through online payment systems such as PayPal or our merchant processing system, must clear the bank or payment authority prior to delivery of products or services. In the case of printed products, these payments must clear before production is initiated.
  • Payments made using cash, PayPal payments funded by a PayPal balance or credit card, and payments with a major credit card through our merchant processing system qualify for immediate processing of your order.
  • For fastest payment (and consequently fastest delivery of products or services):
    1. Make payments using a credit card using our merchant processing system.
    2. Make payments using a credit card through PayPal.
    3. Make payments from a bank account linked through PayPal or a PayPal balance.


At its discretion, Action Consulting, LLC reserves the right to deliver goods or services prior to check payments clearing the bank or payment authority. We do not claim impartiality on this matter, taking into consideration previous trustworthiness, credit worthiness, and prior business relationships; nor is waiving the requirement for cleared payments guaranteed for any customer, regardless of previous transactions.

 

Incomplete Payments

All incomplete payments will be deemed nonpayments.

 

Insufficient Payments or "Bounced" Checks

If any payment made by check for products or services subsequently fails to clear (if it is returned by either bank or clearing authority for insufficient funds), it is considered a "bounced" check.

We will not resubmit a returned/bounced check to our bank after it has been returned once, for any reason.

In the event of bounced checks, the following applies:

  1. You will be notified immediately and provided the opportunity to correct the error using a guaranteed payment method within five (5) business days.
  2. You will be responsible for any bank fees assessed, in addition to the original payments owed, and may be responsible for additional penalties up to $25 per occurrence.
  3. You are legally liable to pay for any products or services offered even if your check has not cleared. Nonpayment will be referred to collections, and credit bureaus will be duly notified.

Additionally, if payment by check for services subsequently fails to clear:

  1. Services may be withheld, withdrawn, or interrupted without notice.
    You agree that we will be held harmless for any service interruptions.
  2. You will be responsible for any bank fees assessed in addition to the original payments owed.
  3. A reasonable effort will be made to notify you, and allow you to correct the error using a guaranteed payment method within five (5) business days.
  4. If insufficient or incomplete payment is corrected, service will be restored after a reasonable period of time upon full payment.
  5. You will be responsible for any fees associated with discontiuing and resuming service.
  6. You may be responsible for additional penalties up to $25 per occurrence.

For sixty (60) days after a payment fails to clear, you are required to make subsequent payments using a guaranteed payment method. If your payment record after 60 calendar days is unblemished, at our discretion, we may consider resuming the receipt of payments by the previous method (see Credit Terms). Note that acceptance by Action Consulting, LLC of non-guaranteed payment methods such as personal or business checks is a privilege granted only to our customers in good standing.

If Action Consulting, LLC, at our own discretion, chooses to waive the requirement for payment in advance, or if a non-guaranteed payment method is deemed insufficient or otherwise rejected by the bank, and if Action Consulting, LLC produces and ships your product, then prompt payment will be requested in writing, which may include transmission via electronic mail.

If requests for payment of goods and services received are not honored within the later of (a) fourteen (14) days from the date of payment request, or (b) thirty (30) days of our discovery of insufficient funds, then you will be subject to collections, and the infraction will be clearly noted in your credit record. Further, no additional credit will be extended to you personally or to your company for future purchases of goods or services, and your status will remain as a payment-required-in-advance or cash-only customer.

Credit Terms

  1. All customers must pay in advance unless credit terms are explicitly offered.
  2. Any credit extended to customers is a courtesy and is predicated on a consistent record of payments.
  3. Action Consulting, LLC reserves the right to deny any customer, person, individual, or company credit for any reason.
  4. Credit is a privilege, not a right, and may be revoked at any time for any customer with or without cause.
  5. Customers that are extended credit must make on-time payments or are agree to be subject to late fees as set forth below.


Late Fees

  • Late fees for products or services under $49.00 US are $10 for each period or partial period that your payment is late, based on your credit terms.

    Late fees for products or services over $50.00 US are $25 for each period or partial period that your payment is late, based on your credit terms.

    Thus, if credit terms extended to you or your company are net 30, then amounts owed on January 1 of the year, if unpaid, are late as of January 31, and you will incur a single late fee. If the amount is still unpaid 30 days later, on March 1, then you have incurred a second late fee; etc.

    Late fees are owed in addition to the original balance incurred for products or services received.

    Examples:
    1. If your terms are net 14, and your $50 (or lower) bill date is on February 1, then your payment is due by February 14th. If you pay us on or before the 14th, you owe us the original amount, e.g., $50. If you pay us on or before the 28th, you owe us one late fee plus the original amount, or $60. If you pay us on or before the 7th of March, you will have incurred two late fees of $10 each, added to your $50 bill (for a total of $70).
    2. If terms extended to you are net 30, and your order with tax is $105, then your payment must be received on the 30th day. If late by between one and thirty days, then you owe $130. If late by 30-60 days, you will have incurred two late fees of $25 each, added to your $105 bill (for a total of $155).
    3. If your terms are designated as "Due upon receipt," we consider this the same as extending credit terms of net 14. See above.

    At its discretion, Action Consulting, LLC reserves the right to waive some portion or all of the late fees owed. This might typically occur for repeat customers who are slow to pay once. We may, at our option, provide you with the courtesy of contacting you to remind you of a payment that is due. However, you bear the full responsibility to pay for products or services contracted with Action Consulting, LLC, any of our subsidiaries, affiliates, or contracted parties. Your purchase of our products or use of our services signifies your agreement with these policies.


Services:

  • Payment for domain name registration is required in advance.
  • Account holders maintain their original billing cycle unless other arrangements are made. Action Consulting, LLC retains the right to keep the originial billing cycle.
  • Initial payment required up-front in order to activate Web hosting accounts.
  • Bounced checks will be assessed bank fees and penalties, in addition to any amounts originally owed. If new payment (including penalties and late fees) has not been received within the later of thirty (30) days of our discovery of insufficient funds or fourteen (14) days after our notifying you, in writing, of the payment problem, account will be canceled or products withheld. For hosting, any material left on our servers is forfeit.
  • If any payment due is not received, Action Consulting, LLC reserves the right to terminate your account without notice.
  • All domain name registrations are final and do not include any money back guarantee.
  • If you order a discounted domain name with a web hosting account for Action-Hosting.net, and subsequently cancel the account, you will be subject to a $9.95 domain name fee. You will be required to make a deposit of $9.95 for the domain fee before receiving the refund for the hosting account.
  • Action Consulting, LLC may invoice you electronically to the email address you provide to us when you first establish a service account with us. By purchasing products from us or by leasing services through us, you warrant that you will keep us up to date on your current contact information so that we can contact you with this or other important information about your account.

    Whether or not we can contact you, you are still responsible for keeping current on your account. You acknowledge your responsibility to pay us for services we provide to you, or to notify us with appropriate notice if you choose to discontinue service.

    Action Consulting, LLC (including subsidiary companies such as Action Graphics, Action Invitations, Action-Hosting.net, ActionDiscountHosting.com, and any other related companies) reserves the right to cancel ongoing services if payments are not received by the grace period as described below. In the case of web hosting, any material left on our servers is forfeit, and customer is responsible for backup of any data.


Any of the above requirements may be waived by Action Consulting, LLC without waiving any other rights or privileges allowed by law.

Details follow:

Billing Cycles and Accepted Forms of Payment

Web Hosting

Billing Cycles

Billing cycles begin the first of the month. Any accounts opened on or after the first of the month must pay 100% of that month's fees. At our discretion, we may prorate accounts opened after on or after the middle of the month; however, proration is by no means guaranteed or mandatory.

Periods of Service

Subsequent payments are due ten days before the next period of service. Late payments for web hosting services may incur interruptions in service. Neither Action Consulting, LLC nor any of our affiliates, lessors, or assigns accepts any liability for loss of service due to non-payment or late payment.

Grace Period

Action Consulting, LLC will allow a seven (7) -day grace period on late payments for second and subsequent billing periods only. We reserve the right to deny a grace period to any customer for whom receiving payment has been an issue (late payments, bounced checks, etc.).

Initial Payment

We recommend making your first payment by money order, certified check, or electronic payment through any current electronic payment partners (at this time we are using PayPal). Service will not begin until your first payment clears the bank or payment authority; in the case of checks, assume that service will begin five (5) business days following receipt. (Service may begin as soon as 24 to 48 hours after receipt, but this is not guaranteed in cases of payment by non-certified check.) However, if payment is guaranteed (such as in the case of a money order or certified check), service will begin, at the very latest, 24-48 hours after receipt of payment.

Forms of Payment Accepted

Acceptable forms of payment include check, money order, electronic payment through PayPal (including credit card payments and e-checks), and cash. Action Consulting, LLC accepts no responsibility for cash sent through the U.S. Mail or any other postal or delivery system.

Partial Payments

Customers shall make all payments in full. Payment or receipt of a payment of any products or services provided or facilitated through Action Consulting, LLC of less than the amount stated on this website shall be deemed to be nothing more than a partial payment on that account. Under no circumstances shall the acceptance by Action Consulting, LLC of a partial payment consitute accord and satisfaction. Nor will Action Consulting, LLC' acceptance of a partial payment forfeit our right to collect the balance due on account, despite any endorsement, stipulation, or other statement on or accompanying any check, money order, electronic payment or cash payment.

Bounced Checks, Insufficient Funds, Payments Subsequently Invalidated

There are several categories of insufficient or invalidated payments, including the following:

  • Checks returned by our bank for insufficient funds or other reasons
  • Credit card payments which are ultimately denied
  • Payments are deemed fraudulent based on exceeded credit limits or balances or fraudulent identity
  • Online payments denied by PayPal or other financial institution


Any customers who sends payment that proves insufficient will:

  1. be denied a grace period for subsequent billing cycles
  2. be responsible for reimbursing Action Consulting, LLC for any returned payment or similar fees
  3. be assessed a ten dollar ($10.00 US) penalty fee by Action Consulting.

We reserve the right to waive the discretionary Action Consulting, LLC penalty fee. We will not inflate the actual cost of fees levied on Action Consulting, LLC by other finanical institutions. We reserve the right to change this policy at any time. Your continued use of Action Consulting, LLC products or services signifies your agreement to this policy.

The service charge levied on Action Consulting, LLC, plus the Action Consulting, LLC penalty fee, plus the original amount owed, must be paid within fourteen (14) days from the later, including (a) the date of refused payment by the bank or financial institution, or (b) notification in writing by letter, account statement, or invoice from Action Consulting, LLC. This amount - and all payments from that customer for the next six months - must be in the form of a guaranteed payment (cash, direct deposit, a money order or certified check only).

If payment in full, including all service charges, penalties, and original amounts invoiced, is not received, the account or services will be terminated. For undelivered products, delivery will be held until payment in full. For products delivered, additional collection measures may be instituted at our discretion. Action Consulting, LLC reserves the right to initiate collections (which may permanently affect your credit history) or to proceed with small claims or other legal remedies such as allowed by state, federal, or local law.

Subsequent to receiving two bounced checks or other invalidated payments from any customer, regardless of cause, your account may be terminated.

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SALES TAX POLICY

Summary:

Action Consulting, LLC is licensed to do business in the Commonwealth of Virginia, in the United States of America. Previously known soley as Action Graphics, we have been in business since January 1, 1994, and have been conducting business largely over the Internet since 1997.

We are not an Internet-only business. We are licensed and legally registered to do business in Fairfax County, Virginia and as such, are currently obligated by law to collect retail sales and use tax for all tangible goods (such as business cards, invitations, other printed items, and so forth), for Virginia citizens or for products shipped to a Virginia address. We do not benefit in any way from the collection of state taxes; in fact, it is a burden we would prefer not to bear. Our sales and use certificate of registration was reissued on October 25, 2005 to reflect our updated business entity status as we changed from Action Graphics to Action Consulting, LLC. Note that Action Graphics is now a legally registered fictitious name registered under Action Consulting, LLC with all due protections offered by the state and commonwealth of Virginia.

Services are not taxable.

As of September, 2004, current general Virginia tax rate is five percent (5%). This is comprised of 4 percent state tax and 1 percent local tax. For more information, see Virginia Dept. of Taxation's Sales and Use tax policy.

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CANCELLATION POLICY

Summary:

Service Cancellations

  • Month-to-month, bimonthly, quarterly, or annual customers may cancel at any time.
  • Web hosting customers are not eligible for refunds.
  • Domain name registration fees are not refundable or reimburseable. This is not our policy, it is enforced on us by ICANN.
  • Ten days notice is required in order to avoid incurring charges for the next service period.

Automatic Cancellations by Action

  • If any payments owed to Action Consulting, LLC are not received within the allotted grace period, the account may be terminated.
  • If your account is automatically cancelled by Action Consulting, LLC due to a policy infraction, your refund is forfeit.
  • Any material left on our servers is forfeit.

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COLLECTIONS POLICY

If any payments owed are not received within the allotted grace period, the account may be terminated. Under no circumstances shall the acceptance by Action Consulting, LLC of a partial payment consitute accord and satisfaction. Nor will Action Consulting, LLC's acceptance of a partial payment forfeit our right to collect the balance due on account, despite any endorsement, stipulation, or other statement on or accompanying any check, money order, or cash payment. Action Consulting, LLC reserves the right to initiate collections and permanently note such failed payment on the credit history of the non-paying party.

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