Additional Terms and Conditions

Estimates

The costs and expenses cited in the proposal are best estimates given for the information provided. If additional information is forthcoming, the project specifications change, or the scheduling changes, cost and expense estimates may change. Cost and expense estimates are appropriate for 30 days from the date of this proposal. Client shall be notified in advance and shall approve any increase in fees / expenses that exceed the original estimate.

Revisions & Future Updates

Work not described in this proposal, including but not limited to revisions, corrections, alterations, future updates (beyond the scope of work outlined in this proposal) and additional proofs, will be billed as an additional cost at the hourly rate of $100/hour.

Payment Terms & Cancellation

Approximately one third of the total estimated costs in advance; approximately one third upon acceptance of the design concept; the balance upon delivery. Invoices will be payable within 30 days of receipt with the exception of the initial payment due prior to starting work. Interest will be charged on past due invoices. Late payments are subject to a 1.5% interest charge per month (18% per year).

If any phase of the assignment is delayed longer than 30 days or cancelled, we will invoice you for the greater of either: (1) all work completed to date of notification based on the percentage of the project completed, including expenses; or (2) 20% of the agreed-upon estimate plus expenses, and this contract shall be considered fulfilled by Root Marketing. All incomplete work will remain the property of Root Marketing. All payments already made will first be applied to these charges. Cancellation of a project, at the request of the Client, must be made by certified letter.

Photography or Illustration

The usage cost of photography or illustration is not included in the scope of this project. Any stock photography purchased will be billed in addition to the cost outlined in this agreement at our cost, plus 20%.

Printing

Root Marketing works with their own preferred vendors/printers on client print projects. These vendors are long-term suppliers to Root Marketing and therefore, we receive the best quality and service from these vendors consistently. We charge a 20% mark-up on all print projects to cover the costs of the following tasks:

  • all vendor meetings, phone, fax, e-mail communication before and after files are sent to print
  • review all proofs from printer
  • any art/color corrections that need to be made after proof stage, or while on press, to ensure a quality finished product
  • coordinate the delivery of art and proofs between design firm, client, photo correction labs and printer
  • give all proper instructions to printer
  • supervise entire printing process
  • attending press checks
  • travel time to press checks and vendors (local only)

Should the Client prefer we use one of their print vendors, we will do so upon complete evaluation of said vendor and our approval of their service and quality as it relates to the project at hand. We will charge a print management fee, to be determined by the scope of work, to work with a new vendor.

Responsibility

Root Marketing will make every reasonable effort to assure the accuracy of the material produced, but is not responsible for the correctness of copy, illustrations, photographs, trademarks, nor for obtaining clearances or approvals. The client is responsible for proofreading at all phases of the project. We will take normal measures to safeguard any materials entrusted to us. However, we are not responsible for the loss, damage or unauthorized use of such materials, nor are we responsible for the actions of the vendors and suppliers we utilize.

Copyrights and Trademarks

The Client represents to Root Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Design Firm for inclusion in the Client’s projects are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Design Firm and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Nondisclosure

Root Marketing, it’s employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.

Likewise, the Client agrees that it will not convey any confidential information obtained about Root Marketing to another party.

Arbitration

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of Root Marketing.

Ownership

All materials used in the production of this assignment — including original artwork and computer generated artwork, layouts, formats, and code — remain the property of Root Marketing until work is complete and paid in full.

Once final payment is received, all work is owned by the client. Root Marketing reserves the right to show the work for marketing purposes, without restriction, including in portfolio, website and marketing brochures/collateral. Photography usage/ownership is negotiated with the chosen photographer, if applicable. Ideas which are not accepted remain the property of Root Marketing and may be used in the future in the course of other assignments.

Entire Understanding

This contract and the Appendices attached thereto constitute the sole agreement between Root Marketing and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Design Firm. Both parties warrant that they have read and understand the terms set forth in this agreement.

This agreement shall be governed and construed in accordance with the laws of the State of California