Terms and Conditions – Webinar Print Flyer
1. Ordering, Fees and Taxes
Fees are due at purchase unless otherwise agreed in writing. All fees are non-refundable except where required by law. Prices include applicable taxes, shipping, and handling charges.
2. Scope of Service
The service consists of creating a professionally designed, branded Webinar Flyer that promotes an upcoming or on-demand webinar hosted on Xtalks.com. One purchase corresponds to one flyer design deliverable. Flyers may be provided in both print and digital-ready formats (e.g., PDF). Printing and delivery of physical flyers are included only if expressly stated in the order confirmation or invoice.
3. Delivery and Turnaround
Xtalks will deliver an initial draft of the Webinar Flyer design within five business days of the request. The timeline for printed flyer delivery will depend on production scheduling, and shipping logistics. Expedited delivery, additional print runs, or extended customization may be available for an additional fee.
4. Customer Responsibilities
By providing the required content for your Xtalks webinar, you have provided all the content required for the webinar flyer. You represent and warrant that you have all rights, permissions, and consents needed for Xtalks to use the content. You will not submit content that is unlawful, infringing, or that contains protected health information or other sensitive personal data unless the parties have executed a separate written data processing agreement or business associate agreement.
5. Acceptable Use and Prohibited Content
You agree not to request or distribute flyers containing content that is illegal, defamatory, harassing, or otherwise objectionable. You agree not to include sensitive personal data or protected health information in flyer content. Xtalks may refuse or remove content that violates these Terms.
6. Rights in Deliverables and Background IP
As between you and Xtalks, you own the final Webinar Flyer design and any printed flyers delivered to you. Xtalks retains all rights in its design methods, templates, workflows, and know-how used to provide the service. Editable design files are not included.
7. Limited License to Customer Content
You grant Xtalks a non-exclusive, worldwide, royalty-free license to use, copy, design, process, and store the materials you provide solely to create, deliver, support, and archive the Webinar Flyer under these Terms. Xtalks will not use your content to train models, generate unrelated content, or for any purpose beyond fulfilling this service without your written permission.
8. Review Window and Revisions
Please review the draft Webinar Flyer design upon delivery. Two rounds of revisions are included in the service. These may include minor edits (e.g., text corrections, color adjustments, logo placement) or major edits (e.g., redesigning layout, adjusting messaging). The revision timeline will be negotiated between Xtalks and the Client and is dependent on the extent of revisions required. Clients who wish to provide feedback must do so within 90 days of receiving the draft. Additional revisions beyond two rounds are out of scope unless negotiated as an additional service.
9. Accuracy of Source Content
Xtalks produces the flyer based on the information and materials you provide. You are solely responsible for the accuracy and legality of all data, claims, or information contained in your content. Xtalks does not independently verify accuracy and is not liable for errors arising from client-provided materials.
10. Confidentiality
Each party will keep the other party’s non-public information confidential and will use it only to perform under these Terms, except as required by law.
11. Deletion and Retention
Upon written request, Xtalks will delete customer-provided materials and working copies of the flyer design within 30 days, except where retention is required by law or to resolve a dispute. Final deliverables may be archived for quality and audit purposes for up to 12 months.
12. Limitation of Liability
To the maximum extent permitted by law, Xtalks will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Xtalks is not liable for delays or errors caused by third-party printers, couriers, or shipping providers.
13. Indemnification for Customer Content
You will defend and indemnify Xtalks from claims, damages, liabilities, costs, and expenses arising from the materials you provide, including claims that the content infringes third-party rights or violates privacy or data protection laws.
14. Disclaimer on Results
While Webinar Flyers can support awareness, engagement, and lead generation, Xtalks does not guarantee any specific results such as event attendance, audience engagement levels, lead volume, conversion rates, or business outcomes from distribution of the flyer.
15. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, acts of government, labor disputes, utility failures, or internet outages. The affected party will use commercially reasonable efforts to mitigate the impact.
16. Governing Law and Venue
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
17. Privacy Policy
Your use of the service is also governed by the Xtalks Privacy Policy, which explains how we collect, use, and protect personal information. By purchasing and using the service, you acknowledge and agree to the Privacy Policy.
18. General Terms
These Terms, together with any order confirmation or invoice, contain the entire agreement between the parties for the service and supersede any prior agreements on this subject.