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Terms & Conditions

Terms and Conditions
Last Updated: February 01, 2025

Welcome to Tung & Cheeky! These Terms and Conditions govern your use of our services. By engaging with us, you agree to these terms.

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1. Services Provided

Tung & Cheeky specializes in designing custom t-shirts, hoodies, premiums and accessories for schools, businesses, events and organizations. We do not manufacture, print, or sell wholesale/retail products unless otherwise discussed and mutually agreed upon with client at time of consultation.

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2. Consultation and Design Ownership

  • A non-refundable consultation fee of $1500 is required before initial discussions and design concepts begin. This fee will be waived if the client moves forward with a full design contract. Tung & Cheeky reserves the right to waive this fee and/or offer a discounted consultation fee at our discretion.

  • If the client chooses not to proceed with a contract but uses any provided design concepts for printing, they will be subject to legal action for theft of services and intellectual property infringement.​

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3. Client Responsibilities

  • Clients must provide all necessary information, branding elements, and design preferences upfront.

  • Clients affirm they have the legal right to use any logos, trademarks, or copyrighted materials provided to us.

  • Revisions are limited to 3 rounds; additional revisions may incur extra charges.​

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4. Payments & Fees

  • A 50% deposit is required before work begins.

  • Final payments must be made before design files are delivered.

  • Any third-party fees (e.g., printing services) are the client’s responsibility unless otherwise discussed prior to delivery of design. Preferably at time of consultation.

 

5. Confidentiality & Non-Disclosure

  • Any design concepts, drafts, or proprietary information shared with the client during the consultation and design process may not be shared, reproduced, or distributed without written consent from Tung & Cheeky. Unauthorized disclosure may result in legal action.​

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6. Design Credit & Portfolio Use

  • Tung & Cheeky retains the right to display completed designs in our portfolio, website, or marketing materials.

  • If the client wishes to keep designs private, a confidentiality fee may apply.

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7. Unauthorized Alterations & Resale

  • Clients may not modify, resell, or distribute the final design in any way other than for the intended purpose of t-shirt, hoodie or accessory printing or whatever end use is discussed and agreed upon at start of contract. Large scale banners or advertisements must be discussed and agreed upon.

  • Any unauthorized alterations or resale of the design will be considered a breach of contract and may result in legal action.

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8. Indemnification

  • The client assumes full legal responsibility for any trademarked, copyrighted, or licensed materials provided to Tung & Cheeky.

  • Tung & Cheeky is not liable for any legal claims or disputes arising from the use of unauthorized content provided by the client.

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9. Limitation of Liability

Tung & Cheeky is not responsible for any issues arising from third-party printing or production services.

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10. Dispute Resolution

  • In the event of a dispute between Tung & Cheeky and the client, both parties agree to first attempt to resolve the issue through direct communication.

  • If a resolution cannot be reached, both parties agree to settle the dispute through binding arbitration in New York State, rather than litigation.

  • Each party is responsible for its own arbitration costs, and the decision of the arbitrator will be final and enforceable in a court of law.

 

11. Modifications & Termination

We reserve the right to update these terms at any time. Continued use of our services indicates acceptance of the latest version.

Cancellation Policy
Last Updated: February 01, 2025.

1. Consultation Fee & Unauthorized Use

  • A non-refundable consultation fee of $1500 is required before any design work begins unless waived by Tung & Cheeky in written form.

  • If the client moves forward with a full design contract, this fee is waived.

  • If the client chooses not to proceed with a contract but uses any preliminary design concepts for printing or commercial use, they will be subject to legal action for theft of services and copyright infringement.

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2. Project Cancellations

  • If a client cancels before work has started, a full refund (minus the consultation fee) may be issued.

  • If work has begun, a partial refund may be issued based on progress completed.

  • If the project is completed or in the final stages, no refunds will be issued.

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3. Missed Deadlines

If we fail to deliver designs within the agreed-upon timeframe (unless due to client delays), the client may request a partial refund or alternative resolution.

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4. Rescheduling & Postponements

Clients may request a project rescheduling, but a new deadline and additional fees may apply.

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5. Intellectual Property

  • All original designs created by Tung & Cheeky remain our intellectual property until full payment is received.

 

  • Clients receive rights to use the final design for their expressly written and agreed upon purpose and production but may not resell or distribute the artwork separately.

 

The Terms and Conditions and Cancellation Policy outlined here are protected and enforced by Tung & Cheeky and their parent company C-Suite Solutions. 

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