TERMS AND CONDITIONS

PROJECT ESTIMATES & PROPOSALS

UZ Marketing will make every effort to be as accurate and complete as possible in our project estimates and proposals. In order to write an accurate estimate, we must know the exact specifications the job entails. In some cases, a range estimate will be given, based on knowledge of project at the time. Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate. The client’s approval will be obtained for any increases in fees or expenses that exceed the original estimate by 10%. Final fees and expenses will be detailed in our invoices. Estimates are valid for 30 days from date of estimate. All outsourced fees will be estimated separately (e.g. printing).

Major revisions include any changes that require us to step back to a prior development phase detailed in the project proposal. For instance, if you request major changes to the design of a website that can't be accomplished with code after the Photoshop mockup of the website has been approved and the coding phase has begun, UZ Marketing will bill for that additional time.

PAYMENT

Projects are billed hourly and by the quarter hour after the first hour (we have a one hour minimum) or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal. For balances under $1,000, payment is due within 15 days of invoice date (Net 15). For balances over $1,000, payment is due within 30 days of invoice date (Net 30), unless otherwise noted. A 10% late fee will be applied to any outstanding balance on all invoices not paid within the terms stated on the invoice (Net 15 or Net 30). Finished work not yet approved by client beyond 15 days shall be billed. There is a $25.00 fee on all returned checks, plus any additional bank fees. Client assumes responsibility for all collection of legal fees necessitated by default in payment. UZ Marketing may request a progressive payment option at our discretion which will be expressed in the project proposal (we typically as for 50% of the estimated project cost before work begins and ask for the remaining 50% upon project completion).

A payment plan can be negotiated for projects over $8,000.

Quick payments are payments received within a week of the invoice due date, which results in 5% off the balance due. If you want to take advantage of the 5% off, pay only the amount in the "quick payment balance due" field on the invoice within five business days.

CANCELLATION FEES & DEPOSITS

In the event of cancellation of a project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mockups, shall be retained by UZ Marketing. Any usage by the client of any of the project elements will result in appropriate legal action. A cancellation fee for work completed shall be paid by the client. The cancellation fee is as follows: 50% of total project fee for preliminary work, concepts, or comps; 75% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval.

Depending on the size of project, a 25-50% non-refundable deposit may be requested before any work begins. The deposit serves to show that you are committed to the project and by accepting the deposit, it 1shows good faith that UZ Marketing will do provide the work detailed in the proposal according to the terms laid out in this document.

EXPENSES

Out-of-pocket expenses will be subject to an industry-standard markup to cover time and costs involved. Unless projected to be costly, they will not be included in estimate. Any expenses expected to be above $100 will be discussed with the client. The client shall reimburse UZ Marketing for expenses arising from this project, including but not limited to: photography, fonts, hi-res scanning, digital proofs, production expenses, long distance, postage, travel, sales tax (when applicable), messenger services, shipping, hiring of contract writers/designers, software, web hosting, and printing fees. Items generated in-house, such as color/black & white output and DVDs/CDs, or royalty-free images from our collection, will be billed at a flat rate fee per item, established by UZ Marketing. Mileage may be billed at the IRS 2010 mileage rate of 50¢/mile.

APPROVALS

The client will be ultimately responsible for final approval of all comps, including the checking of typos and misspellings. It is important to make all final corrections before the project either goes live or is sent to the printer to avoid delays and additional fees. UZ Marketing will not be held liable for any work that has received final approval.

WRITTEN & ORAL AUTHORIZATION

Invoices will include (and the client shall be obligated to pay) fees or expenses that were authorized either by email, writing or over the phone.

COMPLETION & DELIVERY DATES

Any delay in the completion of a project due to external forces beyond our control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, Acts of God, etc.), or actions and negligence of the client (i.e., content delivery delays), shall entitle UZ Marketing to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay without penalty.

ADDITIONAL USAGE

If the client wishes to make additional uses of the work, client shall seek permission from UZ Marketing and pay an additional fee to be agreed upon.

COPYRIGHT RESPONSIBILITY

It is the sole responsibility of the client to ensure that any intellectual property (artwork, code, etc.) that they provide is owned by them in accordance with copyright laws. UZ Marketing cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client. Likewise, UZ Marketing is responsible for any intellectual property we supply.

CREATIVE & INTELLECTUAL PROPERTY

Under U.S. copyright law, UZ Marketing retains ownership of the original artwork pieces created for the client (source files, such as: PSD and AI files), although the client shall be owner of the final product/implementation (i.e. website). The original artwork may not be reproduced without consent from UZ Marketing. As an option to you, the original artwork may be purchased in a separate negotiation. Programming and design code produced by UZ Marketing are site and project specific, and may not be reused for any other websites or purposes without the express written permission of UZ Marketing. Client code modification within the contracted scope of work is permitted without reservation.

MODIFICATION

If modifications to the project proposal are needed, changes must be documented. The client shall pay for all completed work that has been written or verbally authorized.

LIMITATION OF LIABILITY

UZ Marketing cannot be held liable for any consequential or special damages, such as profit losses.

PROMOTIONAL USE

UZ Marketing may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers and websites. UZ Marketing may use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of UZ Marketing. Where applicable, the client will be given any necessary credit for usage of the project elements.

CLIENT PERFORMA

See the provided invoice, quote or project proposal to determine your responsibilities to the completion of the project. It is important that you complete your responsibilities, and your written or oral consent binds you to fulfilling these objectives in a timely fashion.

AUTHORIZATION

Written approval or a signature on this document from you, the client, or payment of an invoice issued as a result of a quote or estimate, indicates authorization from your company to proceed with the project at the terms described within this document. You are stating that you are a legally authorized representative and are committing to pay for all fees incurred in the production of this project and that you agree to the terms laid out here.

LEGAL FEES

The client shall bear all costs, expenses and attorney's fees in any action brought to recover payment under this contract or in which UZ Marketing may become a party by reason of this contract.

CONTACT INFORMATION

UZ Marketing 
6401 Bingle Rd. Ste 116
Houston, TX 77092
E-mail: info@uzmarketing.com 
Phone: 832-598-7226
Fax: 800-217-9962

UZ Marketing may update these Terms and Conditions from time to time. If major changes are made, you will be notified. Last updated:

September 12th, 2011

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