Terms and Conditions
Because we believe our business practices should be transparent to our clients, all the work undertaken by Creatine Marketing is governed by the following Terms and Conditions. By accepting (whether verbal or written) a Creatine Marketing estimate, quote, proposal or by paying for a Creatine Marketing invoice you are deemed to have agreed to the terms of Creatine Marketing contained within this terms and conditions page.
Terms and conditions are subject to change at any time. It is the responsibility of the client to periodically review terms and conditions.
Any form of artwork designed and created by Creatine Marketing, including images and content, can not be copied or reproduced in part without prior written consent of Creatine Marketing.
We are always pleased to discuss any new project – at absolutely no cost or obligation to you – so long as this initial consultation lasts no more than an hour or so, and takes place via conference call. Thereafter, any time devoted to your project will be charged at the agreed upon hourly rate. This “project time” may include any time spent attending meetings (at your request), and time taken up with phone calls and correspondence, either directly with you or in dealing with programmers, designers, suppliers, etc. on your behalf. Travel time may be charged at the usual hourly rate.
Estimates & Quotes
To help with your planning, we can provide an Estimate of our likely charges. Estimates are based on our previous experience with similar projects. An Estimate is only a guide and may – or may not – reflect the actual final cost of your project, depending on the accuracy of your brief and the number of revisions required. A Quote, on the other hand, is a firm offer to provide a specific service at a specified price. We cannot provide Quotes for creative services but we can (and do) quote firm prices with regard to such specific services as website hosting or domain name registration.
Billing & Pricing
Creatine Marketing bills all projects on an hourly basis. All products are also subject to hourly restrictions and billing. Hourly services are invoiced monthly and / or immediately upon completion and standard payment terms will apply thereafter. Creatine Marketing will not be held accountable for any actions taken by the client that results in additional time billed. Any unbilled design time and other costs will be invoiced upon delivery of final work and the standard payment terms will apply.
The total cost of each project is determined by the number of hours that the project is estimated to take to complete. Creatine Marketing reserves the right to bill for time overage, on an hourly basis, when the scope of the project exceeds the number of hours of the initial estimate. Any overage of the initial amount contracted for will be billed at our standard hourly rates. Overage can also be defied as a Change Order, depending on what additions or changes are being requested.
In the event that a project is put on hold, any hours completed on the project beyond that covered by the initial deposit will be immediately invoiced and the standard payment terms will apply. In such case as the client becomes unresponsive for a period of more than two weeks or is holding up the project in any other way, the project will be considered to be on hold, and any hours completed on the project beyond that covered by the initial deposit will be immediately invoiced and the standard payment terms will apply. Projects put on hold and paid for will be completed at such time as the client is prepared to proceed.
Unless otherwise stated, payment of all invoices is due upon delivery of invoice (COD). Invoices delinquent for more than 15 days will be subject to a fee of 10% per month. Payment for services is never contingent on the client’s use, or lack of use, of any work, under any circumstance. Should an invoice remain unpaid for a period of more than 3 months, or if it becomes clear that the client has no intention of paying an invoice, Creatine Marketing reserves the right to use whatever legal action is necessary to collect what is due.
We must be in possession of all approved and finalized content, written or otherwise, that will be presented on the project before development on the project can begin. Any changes made to content after it has been approved will be considered a change order and will be billed separately at the completion of the project.
Fees, if quoted, include one set of final artwork. Changes to final artwork will be provided at an additional cost based on the extent and complexity of the changes, at our standard hourly rate.
All the work created at your request is protected under copyright law and
remains the property of Creatine Marketing until you pay for it. Upon full payment of all fees and costs, the rights to the use and duplication of the designs and/or artwork transfer to client. Creatine Marketing will also provide printable files as requested. Due to font and photography licensing issues, Creatine Marketing generally retains the rights to all original, editable source files. Release of source files will be negotiated on a case-by-case basis.
Where applicable, California and Local Sales Tax will be applied.
In addition to the fees and costs estimated herein, costs incurred for outside services (TBD), messengers and courier services are billable. Whenever applicable, state and local sales taxes will be included in Billable items. Excessive travel expenses are billed additionally, at cost. The client will be informed of these charges.
This proposal is the purchase of one creative approach (concept) to be selected by the client and executed by Creatine Marketing. All other ideas, concepts, or designs described or exhibited remain the property of Creatine Marketing. All materials used in execution of this project-including artwork and computer-generated instructions and formats-remain the property of Creatine Marketing.
Social Media Marketing (SMM) and Search Engine Optimization (SEO)
SMM and SEO involves market research and web development based on the best available information. Creatine Marketing is unable to guarantee the result of searches on a search engine developed and run by a third party. This includes Google, Yahoo, MSN, and all other major internet search engines. This also includes SMM results on Facebook, Twitter, Linked In, and all other social media profiles. By signing this contract, you are acknowledging that at no time is the process of Search Engine Optimization or Social Media Marketing a guarantee of any specific results or search engine ranking.
Third Party Services
Often times during the course of a project, Creatine Marketing will purchase usage rights or particular services, most notably Printing, Web Hosting / Domain Registration and Stock Photography. These purchases will be billed to the client upon completion of the project. The client will be notified of any major purchases when they are made. Printing costs, DBA filing costs, Stock Photography expenses and other costs of services not directly handled by Creatine Marketing are not included in the original estimate will be billed separately.
All purchases made on client’s behalf will be billed to client. Charges for sales tax, insurance, storage, and shipping and handling are additional to the price of each purchase in the event client purchases materials, services, or any items other than specified by designer, the designer is not liable for the cost, quality, condition, or appearance of such items.
Errors and Omissions
When artwork is being finalized, either for print or for handoff, the client will be given a final proof for approval. After approval of this final proof, Creatine Marketing will not be held responsible for any errors, typographical errors or omissions of text or content in the artwork.
Change orders are defined as requests that extend beyond the original scope of the project under contract. They can also be applied to changing any aspect of the project, after work had been started and/or completed by Creatine Marketing, which had been previously approved by the client. All change orders will result in a new project schedule being developed and all previous project schedules will be considered void.
All work performed by Creatine Marketing is considered to be that of a professional service. During the course of development on a project, Creatine Marketing will occasionally make recommendations based on our extensive knowledge and experience in our field. In the event that a client makes a decision to disregard our recommendations, Creatine Marketing will not assume any liability that results from not adhering to the professional recommendation provided by Creatine Marketing.
Term of Proposal
The information in this agreement and or estimate is valid for 30 days. Agreements approved and signed by the client are binding upon Creatine Marketing and the client beginning on the date of client’s signature.
Unless specified in writing the client and Creatine Marketing may only terminate a project based on mutually agreeable terms to be determined in writing. Services paid for and / or performed are absolutely non refundable.