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1. Services Provided
a. Description of Services. RHD will provide Client with the following services in connection with the planning, design, and strategy in marketing the product(s) and/or service(s) of Client (collectively, the “Services”):
- Study and analysis of Client’s product(s) and/or service(s);
- Analysis of Client’s present and potential markets;
- Creation, preparation, and submission of advertising ideas and programs, including costs of programs to Client; and
- Preparation of advertisements including websites, printed material, videos, social media messages, or other appropriate forms of Client’s messages.
b. Timeframe. RHD maintains a 1-2 week waiting list for new Clients projects. Client will be placed in the first available production spot based on the date complete information is provided by Client to begin the project. RHD aims to provide a preliminary design proof within ten (10) business days from the date on waitlist. For websites in development, content is posted within the proofing site within ten (10) business days. The time frame for launching a website after full design approval is three (3) business days. Website updates and posting of social media messages shall be provided within three (3) business days. RHD will accept rush projects, those with a deadline of less than ten (10) business days, on a case-by-case basis. If a client goes inactive in regard to their proofing process, or goes for over 12 months without launching their website, the client forfeits any deposits paid thus far and will be quoted with a new design fee should they wish to resume the project.
2. Calculation of Fees
a. Flat Fees. Costs associated with design fees for projects will be billed at a flat rate as outlined in the price bids and price sheet, provided by the sales representative or project manager. This flat rate pricing is calculated on the estimate of the time required on a blended hourly fee that includes the collaboration of our entire team, which typically includes 6 to 10 people from brainstorm to execution. Since we’ve been in business for nearly 20 years, we have a great grasp on the time required to complete projects. However, from time to time, a project may exceed these time estimates. In the case that a project has reached 80% of the billable time for that project, the client will be notified. Once a project reaches 100% of their time, overages will apply at the rate of $100.00 per hour.
b. Additional Fees. There will be additional fees for projects that exceed hourly allotments, rush projects, photo and video shoots, including onsite visits and travel expenses, printing costs, shipping costs, and costs of buying stock photography. Additional work that is done in support of flat rate projects, such as concept creations, headline writing, caption writing, gathering necessary photos on behalf of client, copywriting, editing, scanning, editing photos and/or videos, client meetings needed to accomplish the final project, strategy, and other administrative work, shall be billed at an hourly rate of $125.00 per hour.
3. Billing and Payment
a. Deposit. A deposit, paid either via credit card or check, is required before any project begins. Amount of deposit will be based on the nature of the project, and will be outlined in writing by your project manager and/or sales representative. The deposit will be applied towards the work done on the project.
b. Website Design Fees. Website fees are billed either in full or in two installments. A minimum of 50% deposit is required to begin. Website must be paid in full before being published online. Client also has the option to pre-pay for the full amount of the website project via check.
c. Website Maintenance Fees. RHD will charge Client a $800 per year fee, which includes domain name registration, web hosting, and unlimited updates to text and photos on website. These fees are billed upon launching of the website and recur on an annual basis. If a credit card is provided to RHD, Client authorizes RHD to use the credit card for applicable monthly charges for website services fees. Client has the option to pre-pay for 1 year of service at the rate of $800.00, or choose quarterly payments. There are no refunds on pre-paid quarterly charges. RHD shall put credit card information through a computer program that has Payment Card Industry (PCI) Compliance. RHD shall use commercially reasonable safeguards to ensure that credit card information is protected. For New Website Clients, the $800 annual maintenance fee must be paid before we can launch your website.
d. Late Payments. Invoices must be paid within 30 days of invoice date. Past due accounts shall be subject to 18% APR, which shall be calculated on the first day of each month. If invoices are not paid within 30 days, RHD will charge the credit card on file. If there is no credit card on file or credit card does not go through, the website will be removed after 40 days of non-payment (Net 30 Payment period + 10 day grace period before suspension). A $25.00 service fee will be required to reinstate a suspended website.
e. No Refunds. Should the client choose to terminate a project with RHD prior to its completion, no refunds will be issued.
4. Proofing Procedures
a. Single Point of Contact. We require a single point of contact for all projects. All correspondence concerning the project will be handled between the Ranch House Designs Project Management Team and the designated client point of contact. All correspondence from people other than the designated point of contact will be ignored and forwarded to the respective single point of contact. In the event that the designated single point of contact is no longer with their respective company, a new single point of contact will need to be designated by the client in writing before the project will proceed, and a $250 change of contact fee will occur to allow us the time to bring the new point person up to speed on the project.
b. Proofs. Client will be provided with one (1) initial design proof, which are to be proofed by the designated point of contact for the project. The number of additional revision rounds included varies by project, and will be noted in your initial project bid. Additional proofs will be billed on an hourly basis at $125.00 per hour. Payment for additional proofs is due at the time of proof completion and before additional proofs will be made.
c. Edits. Changes should be requested by the single point of contact through email to ensure accuracy. Changes taken via phone calls that last over 15 minutes will be charged at $125.00 per hour.
d. Proofreading. Client is solely responsible for proofreading, including, but not limited to, of contact information, grammar, spelling, names, dates, phone numbers, and facts before granting approval.
5. Archiving. Client will be responsible for saving all final project files provided by RHD. An additional $25.00 fee will be applied if RHD is required to resend files to Client or an authorized third party.
a. Written Notice. Each party will have the right to cancel this Agreement at any time with written notice of three (3) business days. Upon cancellation, all design and project fees accrued to date shall become immediately due and RHD shall charge credit card for payment of that balance, unless Client specifically provides payment via another method.
b. No Refund. Client will not be entitled to a refund if Client cancels a project or terminates website.
c. Ownership Upon Cancellation. Client shall retain ownership of all final advertising materials that have been accepted and paid for in full before cancellation of Agreement. RHD shall maintain ownership of all material prepared by RHD and submitted to Client, in part or in whole, but not used by Client, unless otherwise agreed upon in writing. Any work refused by Client, not paid for in full by Client, or work done before cancellation of Agreement may not be used in part or in whole for any purpose by Client.
d. Return of RHD Work Upon Cancellation. Client will return any and all copy, artwork, or other physical embodiment of creative work relating to project, which is not paid for in full at time of cancellation.
e. Use of Website After Cancellation. License to use RHD produced code and design for Client’s website will terminate upon cancellation of Agreement, which includes hosting of Client’s website and email address(es) on RHD servers. Client will maintain complete ownership of domain name of website.
7. License and Copyright
a. Ownership of Intellectual Property. All concepts, artwork, text, and elements created by RHD is copyrighted. Ownership and copyright of logo artwork and files will become the property of the client upon final approval and full payment for the project. Intellectual property of RHD and may not be used, recreated, or reproduced, in whole or in part, by Client, prior to the approval and completion of the project, without written permission from RHD. Client will not modify, create derivative works from, sell, or exploit any contents created by RHD, in part or in whole.
b. License. For print projects, RHD will issue Client a license, upon full payment, to final artwork to use and distribute as Client sees fit. This license will not authorize Client to, explicitly or implicitly, allow a third party, to use or attempt to recreate the artwork, even if on Client’s behalf. For web clients, RHD will issue a month-to-month license for use of design to those clients paying a quarterly service fee.
8. Confidentiality. All correspondence and documents provided will be treated as confidential between Client and RHD and will not be, directly or indirectly, disseminated or disclosed to another person, persons, or entity that is not a party to this Agreement.
a. Testimonials. You may come across testimonials from clients and customers of the services and products offered by RHD. The testimonials are actual comments provided by customers and clients and have been truthfully imparted on this RHD's website and materials. Although these testimonials are true statements about outcomes achieved by these clients and/or customers, the results achieved by these clients and/or customers are not necessarily typical. You explicitly acknowledge and concur that the testimonials are not an assurance of results that you or anyone else will achieve by using any services or products or services offered by RHD.
b. Earnings Disclaimer. RHD may publish on the accomplishment of one of its existing or past clients. The information about this success is accurately described by the Customer. You agree that the past success of others does not ensure your success.As with any business, your results may differ and will be based on your personal individual capability, business understanding, competence, and degree of desire. There are no assurances regarding the level of success you may experience. There is no guarantee that you will make any revenue at all and you recognize the risk that the revenues and income statements vary by individual, or entity. Each person, or entity’s success rests on his or her background, qualification, dedication, desire, inclination and motivation.You agree that RHD is not accountable for any success, or failure, of your business that is directly, or indirectly, related to your buying and use of our information, tips, ideas, products, and services reviewed or advertised by RHD.
c. No Warranties. RHD makes no warranties regarding the performance or operation of services provided by RHD. RHD Further makes no representations or warranties of any kind, express or implies, as to the information, contents, materials, documents, programs, products, books, or services included on, by or through RHD. To the fullest extent permissible under the law, RHD disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
d. Liability Disclaimer. You agree to absolve RHD of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the services provided by RHD. You agree that RHD shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of RHD’s services.
10. Miscellaneous Provisions.
a. Choice of Law. This agreement shall be governed by the laws of Texas.
b. Choice of Forum. If a dispute arises out of this agreement, the Parties agree that any litigation shall be in the County of Wharton, State of Texas.
c. Severability. If any part of this Agreement is deemed to be unenforceable then the remaining provisions shall be enforceable.
d. Modification. Any modification of this Agreement or additional obligation assumed by either Party in connection with this agreement shall be binding only if evidenced in writing signed by each Party or an authorized representative of each Party.
e. Indemnification. Client agrees to indemnify and hold RHD, its officers, agents and employees harmless from any liability, loss, or damage Client may suffer as a result of claims, demands, costs, or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement.
f. Attorney’s Fees. If any action is filed in relation to this Agreement, the unsuccessful Party in the action shall pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorneys’ fees, court costs, expert fees and other litigation expenses.
d. Entire Agreement. This Agreement represents the entire agreement between RHD and Client.