Graphic & Web Design | Social Media | Marketing
TERMS & CONDITIONS:
Below is a complete outline of our terms and conditions as they apply to all services generated by DakotaJo. Conditions are subject to change. Contract pricing agreements are bound to these terms, and acknowledgment of such is indicated by signature. For questions on these or any of our services, please contact us at firstname.lastname@example.org.
• AUTHORIZATION: The Client hereby engages Supplier, as an independent contractor for marketing, graphic design, website, online, and social media services. As applicable in the services outlined above, the Client hereby authorizes Supplier to promote the Client’s business online in Facebook, Twitter, and other social media outlets (the “Work”). The Client represents and warrants to Supplier that Client owns or has license to use in the manner contemplated by this Agreement all copyrights, trademarks, trade dress, service marks, brand names or other intellectual or artistic property associated with the Content. The “Content” is defined as follows: [written content for website, e-mail newsletters, blogs, flyers, promotional products, etc. and all associated graphic images, photography, videography or audio files] or as otherwise agreed to by the parties in writing hereafter. B&D, WD&SEO, SMM
• WORK: Supplier agrees to produce project materials (the “Work”) at the request of the client for fees agreed upon below and delivery of the Work by an agreed-upon deadline. Supplier agrees the Work will be original work and free of plagiarism. B&D, WD&SEO
• ASSIGNMENT OF WORK: Supplier reserves the right to assign the Work to other designers or subcontractors from time to time in its sole discretion to ensure quality and on-time completion of services. Supplier will make every effort to meet agreed upon due dates, provided, however, the Client’s failure to submit required information or materials may cause delays in site updates and/or advertising campaigns. B&D, WD&SEO
• CONFIDENTIALITY: Supplier acknowledges that they may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Supplier agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Supplier before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Supplier can display materials and final work created for Client as part of the Supplier’s portfolio, both printed & online. B&D, WD&SEO, SMM
• DESIGN APPROVALS / REVISIONS: all Work will be submitted electronically to Client with a request for written approval or revision instructions. Revisions are a regular part of the process, and your feedback is necessary. Client accepts responsibility for final artwork approval. Client’s delay in submitting final artwork approval may result in deadline delay. Supplier is not responsible for errors occurring in this work or projects related to this work after approval of the Work by the Client. B&D
• WORK OWNERSHIP: Upon receipt of full payment, a full copy of the art files will be transferred to Client in the format requested, so that regardless of who is managing your brand, you have a high-resolution format for any use. (AI, PDF, JPEG, EPS, etc.) That means if you want to save them, share them, or transfer them, Client has the right to do so. B&D, WD&SEO
• PRODUCTION COSTS: extra project costs incurred, requiring a third party vendor will be presented by Supplier to Client with best pricing options from local, regional and online suppliers as available. Client will always have required final sign-off before a project is submitted for purchase. Production costs are NOT included in this agreement and may vary by type of project requested by the Client (e.g. Fonts, Stock Photography, Props, Merchandising, Contests, Contest Prizes, Campaigns, Online Campaigns, Proofs, Extensive Research, Shipping, Travel, Telephone, Print, Messengers, Software, Facebook Ads, Google AdWords, Boosted Posts, Apps, etc.). If Client has a preferred supplier(s), Client will provide contact information of vendor to Supplier at the time of initial project request. Client agrees to reimburse Supplier for any approved expenses upon completion of the Work. B&D, WD&SEO, SMM
• GRANT OF RIGHTS: Upon receipt of full payment and completion of contract terms, Supplier grants to the Client rights of ownership in the finished Work (the Content on site in published form) and all additional materials paid for by Client. B&D, WD&SEO
• RESERVATION OF RIGHTS: All rights not expressly granted hereunder are reserved to Supplier, including but not limited to all rights in creative advertising copy, ideas and suggestions for contests, keywords and other items used to stimulate interest in Client’s business or the Content. If such ideas are presented, and not implemented (or not paid for) by Client then they shall be the confidential property of Supplier. B&D, SMM
• RELEASE AND INDEMNITY: The Client hereby releases, indemnifies and holds harmless Supplier against any and all claims, damages, liabilities, complaints, promises (express or implied), lost profits, breach of contract, tort, or violation of copyright, trademark, trade dress, service mark, brand names or other rights to intellectual or artistic property associated with the Content, this Agreement or the parties’ relationship. B&D, WD&SEO, SMM
• MONTHLY SOCIAL MEDIA SERVICES: The Client agrees to supply direction and topics for content posts. It is understood, however, that Supplier will take responsibility to write a content update to occur at regular intervals, whether or not any direction is provided by the Client. The Work includes updates to social media business pages. SMM
• TERMINATION: This Working Agreement and Contract for Services is terminable at will by either party on 30 days written notice. In the event of termination, Supplier shall have the right to bill pro rata for Work completed through the date of written notice of termination. In the event of termination, if a new website creation has existed less than 12-months, the site will be removed from the live URL, and the original art files will remain the property of DakotaJo. B&D, WD&SEO, SMM
• SEVERABILITY: If any provision of this Working Agreement and Contract for Services shall be held unlawful, void, or for any reason unenforceable, then that provision shall be severable from the remainder of this Working Agreement and Contract for Services and shall not affect the validity and enforceability of the remaining provisions. Supplier and Client agree to the terms of this Working Agreement and Contract for Services. The Parties represent and warrant that they have authority to execute this Working Agreement and Contract for Services. B&D, WD&SEO, SMM
• ARBITRATION: Any disputes arising out of or relating to this Agreement, the Content or the relationship between or among the Parties, shall be submitted to binding arbitration pursuant to the CPR Rules For Non-Administered Arbitration. The Arbitrator’s award shall be final and binding, and judgment may be entered thereon in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney fees and legal interest on any award or judgment in favor of Supplier. B&D, WD&SEO, SMM
• PAYMENT DETAILS: Payments for services are due no later than 30 days after receipt of monthly invoice. Services renew automatically on the 1st of each month unless terminated in advance of renewal. Supplier will invoice Client for services completed at the end of each month, with the exception of tangible material production costs. These production costs must be paid by Client at time of order. A credit card will be required by Client for Supplier to place this order. Should Client choose to produce tangible materials such as printed materials or merchandising tools, run a paid campaign or add a marketing package not selected at time of contract, additional charges will apply. The monthly maintenance package includes all of the same updating and SEO services, but takes into account the existing design. The cost for the Website & SEO Maintenance package is $75 per month, and the site can be transferred to a self-hosted account by the Client, if preferred. Major site overhaul or branding redesign are not included in this package. At this time, if a Client prefers to self-manage, the site will remain live and no monthly fees will be assessed.
1 Website & SEO Development pricing is based on a 1-year Client contract that includes hosting. Self-hosted sites are not eligible for this package. The purpose of this agreement is to give the Client a superior site without the usual upfront cost standard of most design companies. In addition, it provides the Client with consistent service and site management without the additional fees. In the event of non-payment, where the new website creation has existed less than 12-months, the site will be removed from the live URL, and the original art files will remain the property of DakotaJo.
2 After the first year of Website & SEO Development, client will automatically transfer to our annual Maintenance package and all original files will be delivered electronically to the Client’s ownership.
DakotaJo is a full service marketing team located in Shawnee, KS. We provide your company with comprehensive support from branding to event activation. Our dedicated team can design logos, create print materials, develop your website, manage your social media and put together a marketing strategy for reaching your target audience. Contact us today to get started!
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