Terms and Conditions
The following Terms and Conditions apply to all products and services provided by Visionary Marketing and Design. All work is carried out on the understanding that the client has agreed to these terms and conditions. These terms are at all times accessible on Visionary Marketing and Design’s website at www.visionarymktg.com.
Copyright is retained by Visionary Marketing and Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Visionary Marketing and Design as fulfilling the contract. All other designs remain the property of Visionary Marketing and Design, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Visionary Marketing and Design will provide the client with a written estimate, quotation, or our hourly billing rate. The Terms and Conditions can be read on Visionary Marketing and Design’s website. An official reply of acceptance, whether it be via mail, fax or e-mail, phone or in person, binds the client to these Terms and Conditions. No work on a project will commence until acceptance has been received by Visionary Marketing and Design.
Charges and Deposit
Design and Development Services
Charges for print design and web development services to be provided by Visionary Marketing and Design will be set out in the written estimate or quotation that is provided to the client, or will be agreed to be billed hourly. At the time of the client’s signed or e-mailed acceptance of this estimate or hourly billing structure, indicating acceptance of the Terms and Conditions, a deposit of 50% of the quoted fee will become immediately due. For hourly billing, we require an initial retainer of $5,000. Work on the project will not commence until Visionary Marketing and Design has received this amount. If client engages Visionary Marketing and Design to perform services without a written estimate, client will be billed at our standard hourly rate. Hourly billing clients receive progress invoices twice per month.
For web development services, the client will make a 25% payment at the design approval phase. The website will not proceed to development without design approval, which can be provided by phone, email or in person. Upon design approval, any changes requested to the design of the website will be billed on an hourly basis. Progress payments may be taken for projects that extend longer than one month. Final payment is required before the site is posted live.
Marketing Strategy and Consulting
Visionary Marketing and Design will charge for all strategy and consultations at our standard hourly rate for strategy. For consultation services, Visionary Marketing and Design will take payment at the time of the consultation. For strategy projects, Visionary Marketing and Design will take a payment equal to 50% of the project or a minimum of $5,000. Strategy services are billed on a progress basis with invoices being distributed twice per month with final payment due before delivery of the finished plan or project.
Visionary Marketing and Design will perform advertising placement services on behalf of the client. In order to secure advertising placement for the company, Visionary Marketing & Design requires full payment in advance for advertising placement. Visionary Marketing and Design charges a flat fee rate for ad placement under $60,000 annually and a percent rate for placements over $60,000 annually.
Search Engine Marketing
Visionary Marketing and Design requires payment in advance for SEO and SEM services. Visionary Marketing and Design requires a six-month contract for all SEO services performed for the client. After the six-month contract period, service is month to month. A client may cancel service at anytime, but client is still responsible for full payment of the contractual period, shall a client terminate during this period.
Visionary Marketing and Design will purchase promotional products on behalf of our clients. For this service, Visionary Marketing and Design requires a payment equal to 75% of the estimated invoice, before an order is placed. Visionary Marketing and Design will provide product and receive final payment at the time of delivery.
Visionary Marketing and Design requires full payment on printed materials before an order is placed. Since printed collateral are custom pieces, Visionary Marketing and Design requires payment before placing an order.
The client shall reimburse Visionary Marketing and Design for all direct and indirect billable expenses arising from this assignment, regardless of whether the assignment is cancelled or terminated. Billable expenses include, but are not limited to, stock photography, costs of the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses.
The client will be provided with an approval request prior to final publication. At this time, the remainder of the amount due will become payable. Final payment for a website is required before the site is posted to the client’s host account. Payments may be made by cash or check payable to Visionary Marketing and Design, or credit card, if previously agreed to. Accounts, which remain outstanding for 14 days after the date of invoice, will incur a rebilling fee of $25 and a monthly late charge of 1.5% per month of the outstanding amount. In the case that we must utilize a collection agency, the client will be charged a 40% collection fee plus any other legal fees necessary. Any legal fees and court costs incurred by Visionary Marketing and Design or the client that are associated with the collection of an outstanding invoice will be the responsibility of the client. All legal matters will be settled in Collin County, Texas.
Copyrights and Trademarks
By supplying text, images and other data to Visionary Marketing and Design for inclusion in the client’s website or other 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 Visionary Marketing and Design on behalf of the client, will remain the property of Visionary Marketing and Design and/or its suppliers. The client may request in writing from Visionary Marketing and Design, the necessary permission to use materials (for which Visionary Marketing and Design holds the copyright) in forms other than for which it was originally supplied, and Visionary Marketing and Design may, at its discretion, grant such permission. Such permission must be obtained in writing before Visionary Marketing and Design will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Visionary Marketing and Design, the client grants Visionary Marketing and Design permission to use this material freely in the pursuit of the design. Should Visionary Marketing and Design, 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 Visionary Marketing and Design to remove and/or replace the file on the site. The client agrees to fully indemnify and hold Visionary Marketing and Design 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 permission.
When requesting approval to print marketing materials, the piece will be printed as approved by the client. Any errors, omissions, or other discrepancies that are approved by the client during this process will become part of the final printed piece and are the responsibility of the client.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Visionary Marketing and Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the client by Visionary Marketing and Design, 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 Visionary Marketing and Design. 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. Visionary Marketing and Design will not be held responsible for any and all damages resulting from such claims.
Design Project Completion
Visionary Marketing and Design considers the design project complete upon receipt of the client’s approval when requested. Other services such as printing, website uploading, publishing, etc. contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Visionary Marketing and Design 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.
The client agrees to allow Visionary Marketing and Design to place a small credit or a link to Visionary Marketing and Design’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.
The client also agrees to allow Visionary Marketing and Design to place websites and other designs, along with a link to the client’s site on Visionary Marketing and Design’s own website for demonstration purposes and to use any designs in its own publicity.
Projects on Hold
Should a project be put on hold by a client, we will bill for activities completed up to that point in time. A project is considered on hold if we do not receive a response from the client within 7 days of the initial request. Any project on hold will be scheduled back into the workflow at Visionary Marketing’s availability. Any project on hold for more than 21 days will be charged a 20% reactivation fee of the original estimate. If a project is on hold for 2 months, Visionary Marketing considers the project terminated. The project may be re-bid or reinstated at Visionary Marketing’s discretion.
Cancellation of orders may be made initially by telephone contact, but must be followed up with an e-mail, fax or letter. Any project on hold for 2 months will be considered cancelled by Visionary Marketing. The client will then be invoiced for all work completed over and above the deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 14 days.
Visionary Marketing and Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Visionary Marketing and Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Visionary Marketing and Design 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 Visionary Marketing and Design responsible for any such loss or damage. Any claim against Visionary Marketing and Design shall be limited to the relevant fee(s) paid by the client.
Visionary Marketing and Design 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 and Conditions. Visionary Marketing and Design will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Visionary Marketing and Design and validated by the client’s approval to start the project (via mail, fax or e-mail), constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Visionary Marketing and Design