Terms And Conditions
This defines the terms and conditions of Media Contour (“MC”) and the working relationship with its clients. All projects or services that MC may be contracted to produce or provide for its clients will be subject to the following:
HOURS OF OPERATION
MAINTENANCE PACKAGE RATES
TECHNOLOGY & BROWSER SUPPORT
NATURE OF COPY
ERRORS AND OMISSIONS
OVER RUNS AND UNDER RUNS
PLACEMENT OF ADVERTISING
INSPECTION OF BOOKS
PROPERTY AND SUPPLIER’S PERFORMANCE
RIGHTS OF OWNERSHIP
CANCELLATIONS & REFUNDS
HOURS OF OPERATION
MC shall operate on all standard business days between the hours of 8:00 a.m. and 4:30 p.m.
Pacific Time any day other than a Saturday, Sunday or legal holiday. MC shall notify Client of scheduled non-operation days via email with three (3) business days prior notice. Non-scheduled days of non-operation shall be counted as business days, unless prior approval is granted by the Client.
Requests for Work to Media Contour should be emailed to email@example.com, in which the Client must include all project details:
– Client Name
– RUSH or NOT?
– Title of Task
– Associated Project
– Due date
– Links to pages where the work/edit is applicable
– Attach any screenshots or files to the email
MC will send an email acknowledging the Work request.
Any Work Order requiring a same day turnaround will be charged a RUSH charge. Please follow-up ALL RUSH orders with a phone call to Media Contour (323-522-6007) See RUSH CHARGES for details.
Although we strive to turnaround requests in as timely a manner as possible MC reserves the right to adjust any turnaround time in accordance with its existing production schedule. (See PRODUCTION SCHEDULE for more details of how MC determines its 2 week production cycles) If you do not have a maintenance plan, your work order may be delayed. (See MAINTENANCE PACKAGES for details)
There is a cutoff time for all work orders of 11am.
All work orders submitted after 11am will be considered submitted the following business day.
– $125.00/hr. a la carte rate for 2015. Rate is subject to change.
– Work is charged in 0.25 hour increments (MAINTENANCE PACKAGES excluded).
– There is a 5 hour minimum purchase (MAINTENANCE PACKAGES excluded). Unused hours are good for up to 1 year.
Retainer clients are given priority over non-retainer clients. Clients are allowed to mix and match print design, web design, and web programming. Sold in 15 and 30 hour monthly increments.
Send work orders to one easy location (firstname.lastname@example.org) where they get added to our queue for easy turnaround. Monitor the progress of your request, hours used in your retainer, and run reports on your account all through our online project management system.
Minimum 3 month purchase Hours expire after each 1 month period, at which time our standard rate applies. Work is logged in 15 minute increments. As it applies, fees for all hourly maintenance work will be invoiced and paid in advance. Any overage hours beyond the hours purchased in the maintenance package are charged at our Standard Rate unless an additional maintenance package is purchased. MC will notify a maintenance client when 80% of the maintenance package has been used.
Fees above do not include audio/video production, photo shoots, or any reimbursable out-of-pocket expenses such as printing, shipping, domain registration, web hosting, etc., which may be billed separately.
Requests for Work to Media Contour should be emailed to email@example.com. (see WORK ORDERS for details). Please follow-up All RUSH requests with a phone call to MC in order for them to be processed in a timely manner. Those RUSH requests not followed-up with a phone call to MC may not be processed as a RUSH request.
1) Standard Rush Charges: Rush charges will be billed at one and one-half (1.5) times the Standard Rate for all work performed EXCEPT PROGRAMMING. All programming work is calculated at 2 hours per 1 hour of work performed. Rush charges are billed in 1/2 hour increments with a $150 minimum charge per instance.
2) Maintenance Package Rush Charges: Rush charges will be counted as one and one-half hour (1.5) per one hour for all work performed EXCEPT PROGRAMMING. All programming work is calculated at 2 hours per 1 hour of work performed. Maintenance package client’s Rush charges are billed in 1/2 hour increments with a minimum of 2 hours per instance.
MC will notify the Client whenever rush charges apply prior to work being performed.
Rush charges that require work performed outside of MC’s normal hours of operation may be revised to take into consideration Client requests that require overtime and/or weekends.
Work requests are subject to the PRODUCTION SCHEDULE identified herein.
The production schedule set forth in accordance to each client Agreement will be adhered to by both Client and MC, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or MC. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly. MC will honor all commitments for periods of time in which matters are under its control; this does not include Client’s time periods for which MC is waiting for response and/or approval from the Client.
All Work requested under the maintenance package shall be given a minimum of two (2) business days to complete. In the event, work requires more than two (2) business days, MC will provide a reasonable due date for such Work and the Client shall be made aware at the time of request. Turn around time commences after all Client Materials have been received. A client may incur rush charges if a request is made but does not deliver required materials in a timely manner as defined by MC at the time of the request.
Media Contour’s schedule follows a 2 week cycle beginning on a Monday and ending on the second Friday thereafter. Requests scheduled at the beginning of a 2 week cycle receive precedence over requests received mid-cycle. To ensure the best possible turnaround, please submit work requests just before the beginning of each cycle.
Please be considerate of our schedule and our clients. We strive to provide the best service possible with accurate deadlines. We are able to provide the best level of service by adhering to our production schedule.
Client agrees to pay MC in accordance with the payment schedule as specified in their signed Agreement with MC. The Client may request an expedited schedule, at which time rush charges may apply. Unless otherwise specified, all subsequent balances are due upon receipt of invoice. Final payment must be received in order to receive final work or before website launch. Interest on past due balances is ten percent (10%) per year or $250, whichever is greater. All fees are due prior to delivery of work.
The Agreement and these Terms and Conditions shall not be binding and enforceable unless both parties have signed and executed both prior to the deadline specified in the Agreement under the “VOIDABILITY” section.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, etc. Work is for resale if and only if a Client has submitted a resale certificate to MC. If consultant or supervisory services are required in out-of-town locations, MC will bill lodgings, meals, and transportation. Reimbursement for mileage is calculated at current government rates. Whenever possible, the Client shall be notified prior to incurring any out-of-pocket expenses. Copies of receipts for such out-of-pocket expenses may be provided upon request. In some instances, a mark-up of fifteen percent (15%) may be added. Conversion of non-electronic materials shall be billed at the STANDARD RATE per hour.
TECHNOLOGY & BROWSER SUPPORT
Due to the variable nature of browser and computer settings we test all our websites in the following latest browser versions and according to the settings on our testing computers. If you have any special browser requests please let us know before project commencement.
MAC & Windows
Internet Explorer 8.0 and early are supported by special request only.
NATURE OF COPY
Client agrees to exercise due diligence in its direction to MC regarding preparation of materials and must be able to substantiate all claims and representations. Client is responsible for all trademark, service mark, copyright and patent infringement clearances as well as arranging, prior to publication, any necessary legal clearance of materials MC prepares.
ERRORS AND OMISSIONS
It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. MC is not liable for errors or omissions. Client’s signature or a signature from that of its authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation. An electronic signature is sufficient for approvals on compositions.
OVER RUNS AND UNDER RUNS
The Client will accept over runs or under runs that do not exceed ten percent (10%) of the quantity ordered on all jobs. MC will bill for actual quantity delivered within this tolerance. If the Client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation and additional fees may be incurred.
PLACEMENT OF ADVERTISING
At Client’s request, MC will purchase media space on Client’s behalf through MC’s media division. Space will be billed to Client at current rates plus the standard agency commission.
PROPERTY AND OUTSIDE VENDOR’S PERFORMANCE
MC will take all reasonable precautions to safeguard the property the Client entrusts to it. In the absence of negligence on MC’s part, however, MC is not responsible for loss, destruction or damage or unauthorized use by others of such property. MC will use its best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although MC may use its best efforts to guard against any loss to the Client through the failure of our vendors, media, or others to perform in accordance with their commitments, MC is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their Work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery. Additional time may be required to conform to any new vendor’s submission standards.
All materials or property belonging to the Client, as well as Work performed, may be retained as security until all just claims against the Client are satisfied.
RIGHTS OF OWNERSHIP
Once a project has been delivered by MC and is fully paid for by its Client, MC will assign the reproduction rights of the design for the use(s) as described in the proposal[agreement]. According to the Copyright Law of 1976, the rights to all design and artwork, including but not limited to photography and or illustration created by independent photographers or illustrators retained by MC, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with MC and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two (2) weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any Work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of six (6) months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
MC reserves the right to reuse any of its designs or developed code for future projects so long as it does not infringe upon any non-compete agreements between MC and its clients.
Authorship credit for Work expressly created for the web, in the name of Media Contour, shall appear at the bottom of the Client’s home page if MC so chooses in the form of a discrete link to https://mediacontour.com. Any other Work created by MC may not require authorship credit, unless mutually agreed upon by the Client and MC at the time of its creation.
The Client warrants that it has the right to enter into any Agreement with Media Contour and that the Client owns or has obtained appropriate usage rights for all Client Materials supplied to MC. Clients shall indemnify and hold harmless MC, its subcontractors, employees, directors, officers and affiliates against any and all claims, lawsuits, costs and expenses, including reasonable attorney’s fees, arising in connection with the Work. This indemnification shall extend to any and all materials obtained by MC on the Client’s behalf.
Neither the Terms & Conditions, the Agreement nor any rights or obligations hereunder shall be assigned by either Media Contour, or its clients, except by a written mutual agreement. Notwithstanding the foregoing, MC shall have the right to assign monies due hereunder. Both Client and any party on whose behalf Client has entered into this an Agreement with MC shall be bound by the Agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payments of monies due to MC. Any MC Agreement and these Terms and Conditions shall be binding upon the parties, their heirs, successors, assigns and personal representatives. A waiver of a breach of any MC Agreement’s provisions shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
The validity and enforceability of Media Contour’s Agreements and Terms & Conditions will be interpreted in accordance with the laws of the State of California applicable to agreements entered into and performed in the State of California. This Terms & Conditions constitutes the entire understanding of Media Contour and its Clients and may not be modified in any respect except in an executed written Agreement. If MC must retain attorneys to collect MC invoices, MC will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
CANCELLATIONS & REFUNDS
Cancellation by either party for Contract Work, Maintenance, Marketing or any other service shall be provided in writing (“Cancellation Notice”), and subject to the following:
Contract Work: In the event of cancellation by the Client for any Contract Work, the Client shall pay all expenses incurred by MC up to the date of receipt from the Client of the Cancellation Notice as well as any fees based on the degree of completion of the Contract Work created as of such date (hereinafter referred to as “Non-Refundable Expenses”). In the event of cancellation by MC, MC shall refund the Client for all monies or deposits received less the Non-Refundable Expenses.
Maintenance: In the event of cancellation by Client, Maintenance Packages are non-refundable. In the event of cancellation by MC, MC shall refund the Client any unused portion of the maintenance package fees.
Marketing Work: In the event of cancellation by the Client for any Marketing Work, including but not limited to Search Engine Optimization, Link Building and Usability testing, the Client shall pay all expenses incurred by MC up to the date of receipt from the Client of the Cancellation Notice as well as any fees based on the number of hours spent completing the Marketing Work. In the event of cancellation by MC for any Marketing Work, MC shall refund the Client for any fees paid, for which services have not been rendered.
Upon Cancellation, MC will transfer to Client all property and materials in its control and for which the Client has paid.
Project Inactivity: If the client fails to maintain contact with Media Contour for 6 months or more Media Contour will consider a project closed and all monies paid by the client up to that point will be forfeited and non-refundable. A fee of 5% of the project total amount will be required to reactivate a project once 6 months has passed without a response from the Client.