Rese Agee Media values our client relationships and honesty and integrity are the foundation. The following Terms of Service provide information regarding our policy and procedures for all design work. They also serve as an important outline that explains what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for extensive revisions, additional work or copyright releases. If you have any questions, please feel free to contact us by emailing reseagee@gmail.com.
Terms of Service
The following Terms of Service apply to all products and services provided by Rese Agee Media (hereinafter referred to as RAM) and in the event of any dispute are governed by the laws of the United States of America and International Law.
All work is carried out by RAM on the understanding that the client has agreed to our terms of service.
Copyright is retained by RAM on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all fees have been paid in full.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of RAM, unless specifically agreed in writing.
Service Request
All service requests are followed up with a scheduled 1-on-1 design consultation by phone. Once client agrees to proceed with service request, RAM will provide a PayPal invoice of the written estimate or quote to the client to indicate acceptance upon completed payment.
Design Fees
Fees for design services to be provided by RAM will be outlined in the written estimate or pricing listed in our Welcome Guide.
Unless agreed otherwise with the Client, all design services require an advance non-refundable payment of 50% of the total design cost before the work commences or is supplied to the Client for final review.
Payment Policy
A non-refundable payment of 50% is requested to begin the project and the remaining balance is due upon project completion. Payment indicates acceptance of all Terms of Service by the Client.
Once the design project is completed and final payment is rendered, client will receive the deliverables.
Source/Native Files
RAM will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the deliverables or request.
Charges for design work do not cover the release of our copyright of design source or native files, including, but not restricted to .indd, .psd, .ai, .png, .fla or other source files or raw code. These files are not released under any circumstances as protection of our work.
Revision of Services
Client can decide to add/remove services at a later date (for example, adding a bookmark design to your book design service). Client will be billed accordingly for the added services. Such revisions must be submitted in writing for the purpose of proper record keeping.
Charges for any additional services requested during the project that are over and above the estimated time or out of project scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Default Accounts
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. RAM shall be entitled to remove RAM ‘s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all RAM ‘s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms of Service.
Copyrights and Trademarks
By supplying text, images and other data to RAM for inclusion in the client’s website or other design medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by RAM on behalf of the client, will remain the property of RAM and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the client solely for the project defined in the project scope or request and not for any other purpose.
The client may request in writing from RAM, the necessary permission to use materials (for which RAM holds the copyright) in forms other than for which it was originally supplied, and RAM may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not RAM.
By supplying images, text, or any other data to RAM, the client grants RAM permission to use this material freely in the pursuit of the design.
Should RAM, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow RAM to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold RAM free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Design Revisions
For all designs, the first revision is free of charge. All subsequent revisions will result in $10 for each individual revision.
For any additional changes, the client agrees that changes required over and above the estimated work, or in addition to the agreed project scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. All revisions must be made via our Design Revision Request Form.
The client also agrees that RAM holds no responsibility for any amendments made by any third party, before or after a design is published.
Book Design and Revisions
All elements used for the cover will be either royalty-free resources or properly licensed from stock websites such as Adobe Stock. However, if Client requests elements that are not royalty-free (such as commercial fonts, etc.), they may be responsible for the cost of the license of that element.
Client may also provide their own photographs for use on covers, but a signed model release form and all proper permissions/documentation may be required before usage. RAM reserves the right to refuse to use client-supplied images if we feel that the proper permissions have not been obtained.
Final manuscripts only, ALL revisions should be made prior to formatting and are an additional cost of $5 for each individual revision if made once formatting has begun.
ALL revisions made after book project completion will result in a $10 fee for each individual revision.
Licensing
Any design, copywriting, drawing, idea or code created for the client by RAM, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of RAM and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
RAM will not be held responsible for any and all damages resulting from such claims.
RAM is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold RAM responsible for any such loss or damage.
Any claim against RAM shall be limited to the relevant fee(s) paid by the client.
Providing Design Details
All clients must complete the appropriate design form online unless deemed not required by RAM or sent in the following acceptable means.
The client agrees to RAM’s definition of acceptable means of supplying design details to the company. Text is to be supplied to RAM in electronic format as MS Word (.docx) or via e-mail our design order form.
Images which are supplied in an electronic format are to be provided in a format as prescribed by RAM via google drive, e-mail or through our design order form. Images must be of a quality suitable for use without any subsequent image processing, and RAM will not be held responsible for any image quality which the client later deems to be unacceptable.
RAM cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Design Project Duration
Any indication given by RAM of a design project’s duration is to be considered by the client to be an estimation. RAM cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by RAM for the initial payment or by date confirmed in writing by RAM.
Rights of Access for Website Construction
The client agrees to allow RAM all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow RAM access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms of Service.
The client agrees to supply RAM with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
RAM considers the design project complete upon delivering design files via google drive or email. Other services such as printing, display panel production, film work, website uploading, publishing etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate project with its own estimated delivery date.
RAM Website Design
RAM requires an in-depth assessment of client needs via phone consultation before coding of a site commences. All text, images, and link must be supplied by client to RAM via google drive, email or our design order form.
Once web design is complete, RAM will provide the client with the opportunity to review the resulting work. RAM will make one set of minor changes at no extra cost within 7 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to RAM by e-mail.
RAM will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 7 days of the start of the review period.
Website Hosting
RAM does not offer hosting services, but will recommend companies for client to use for web hosting.
RAM may request that clients change the type of hosting account used if that account is deemed by RAM to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organizations are the responsibility of the client and RAM are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.
Domain Registration
Domain registration will be the sole responsibility of the client. RAM will assist in the process of acquiring client’s domain.
Search Engine Optimization (SEO)
Due to the infinite number of considerations that search engines use when determining a site’s ranking, RAM cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. RAM recommends that clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
Design Credits
The client agrees to credit RAM for design services rendered and if requested by RAM, to allow RAM to place a small credit on printed material exhibition displays, advertisements and/or a link to RAM’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
Portfolio Usage
RAM reserves the right to place websites and other designs, along with a link to the client’s site on our own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
RAM will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. RAM also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that RAM does include in all good faith, and subsequently discovers is in contravention to such Terms of Service, the client is obliged to allow RAM to remove the contravention without hindrance, or penalty. RAM is to be held in no way responsible for any such data being included.
Cancellation and Refunds
In the event the Client should experience severe circumstances and needs to cancel design services, if the Designer has not yet begun work on your project, refunds can be considered upon request. If the Designer HAS begun work on the project, all payments are nonrefundable.
Disclaimer
RAM makes no warranties of any kind, expressed or implied, for any and all products and/or services that it supplies. RAM will not be held responsible for any and all damages resulting from products and/or services it supplies. RAM is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold RAM responsible for any such loss or damage. Any claim against RAM shall be limited to the relevant fee(s) paid by the client.
RAM reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms of Service. RAM will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms of Service supersede any previous Terms of Service distributed in any form. RAM reserves the right to change any rates and any of the Terms of Service at any time and without prior notice.
Acceptance of Terms of Service and Quotation
The placement of an order for design and/or any other services offered by RAM, by email, verbally or in writing, is deemed to be acceptance of these Terms of Service, which are freely available at reseagee.com.
An estimate validated by the client’s signature or via email constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms of Service and forms a Contract for Business between the signatory and RAM.
Rese Agee Media 