Terms & Conditions
Gonzo Strategies Terms & Conditions
By contracting to work with Gonzo Strategies you agree to the following terms and conditions. For the purposes of this agreement, the term “Designer” refers to Gonzo Strategies, as well as any of strategic partners or sub-contractors engaged by Gonzo Strategies on your behalf. If you (“Client”) engage any of our partners directly, the partner’s terms and conditions will also apply.
1. Payment Terms: Unless previous arrangements are made, all projects over $100 require fifty percent (50%) deposit before work is begun. Deposits are non-refundable. All invoices are due upon receipt unless other terms have been arranged. Balances more than 30 days overdue may be assessed interest charges on any overdue balance at the maximum rate allowable by law, currently 18% annual percentage rate (1.5% per month). In the event of account delinquency, client is responsible for all collection costs, including attorney’s fees and court filing fees which may be incurred as a result of collection efforts. Personal and business checks are accepted for payment, credit card payments are accepted through Paypal. There is a forty dollar ($40) service charge on all returned checks to be paid in cash or by certified funds.
2. Project Timelines & Project Dormancy: Project timelines will be provided once your executed agreement and any required deposits have been received. If you have any deadlines, please let us know as soon as possible. Timelines are contingent on Client’s responses and approval of concepts, edits, and information needed from Client to keep the project moving forward. Gonzo Strategies (Designer) cannot be held responsible for delays caused by non-responsive clients. If your project needs to be expedited after a timeline has been agreed upon, rush charges may apply. Should your project lay dormant for more than 60 calendar days due to Client delay, Client will be billed for the remaining balance of the project which will be due upon receipt. Once the project has been placed in dormant status, a $150.00 reactivation fee will be required to reactivate the project. Once a project is reactivated a new timeline will be provided.
3. Additional Work/Changes to Project Scope: New work requested by the Client and after the quoted proposal has been approved, is considered a Change Order, and will be billed accordingly. If the job changes to an extent that substantially alters the specifications described in the original quoted proposal, a revision memo will be submitted to Client, and a revised additional fee must be agreed to by both parties before any further work proceeds. Alterations and other changes requested after project completion are considered to be new work and will be billed at standard hourly rate.
4. Creative Development: Designer warrants and represents that, to the best of our knowledge, the creative work developed is original and has not been previously published, or that consent to use has been obtained in writing on an unlimited basis. Client expressly agrees that it will indemnify and hold Designer harmless for all liability caused by the Client’s use of creative products designed by Designer, to the extent of such use infringes on the rights of others. Should you have any concerns about your creative product please consult an attorney who specializes in intellectual property. We will gladly furnish a referral to an intellectual property attorney upon request.
5. Submission of Artwork & Intellectual Property: Client warrants that all photos, artwork, and intellectual property submitted to be used by Designer is (a) owned by you, or (b) you have the authorization to use it without violating any copyright, trademark, or any other intellectual property laws. Client is solely liable for any legal action that should arise from artwork submitted by Client. Client expressly agrees that it will indemnify and hold Designer, Designer’s company, and strategic partners, harmless for all liability caused by the Client’s use of photos/artwork/intellectual property to the extent of such use infringes on the rights of others. Furthermore, Designer assumes the Client has the legal right to use and reproduce all content (verbiage, photography and images) provided for the project. It is the Client’s responsibility to conduct a copyright or federal trademark registration search and, if desired, register any logos provided by Designer as a company Trademark. Please note that not all original logos can be trademarked, but this does not preclude using the mark as a logo. It is the Client’s responsibility to contact the U.S. Patent and Trademark office or employ other methods to ensure legal compliance with intellectual property laws. Should you have any concerns about your creative materials please consult an attorney who specializes in intellectual property.
Client agrees to exercise due diligence in any direction to Designer 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. Client is also responsible for arranging, prior to service, any necessary legal clearance, including photo releases, of materials used.
6. Accuracy: Client agrees that the accuracy of information supplied to Designer is the sole responsibility of Client, and that Designer is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing for accuracy. Designer will not be held liable for typographical omissions or errors.
7. Corrections: For website projects, corrections (specifically typos) will be made at no charge if they are brought to Designer’s attention within 30 (thirty) days after project completion and acceptance. After 30 (thirty) days, corrections will be considered billable website maintenance. Corrections are not to be construed as changes.
8. Ownership of Creative Work: Until payment has been made in full Designer retains full ownership of all creative work developed for client. Once final payment has been made, ownership of content and operation of creative work will belong solely to client, with the exception of licensed work detailed in section 8. Designer reserves the right to use concepts and creative work developed for Client in Designer’s marketing materials, case studies, social media, and promotions as examples of our work. For website projects, Designer reserves the right to include design credit with a link to the Designer’s website in the footer of the website. Should Client wish to restrict promotional use of creative developed for Client, written requests must be presented to Designer.
9. License: Client is granted license for personal or business use only of content and operation creative work produced by Designer. Work products and designs may not be altered, resold or marketed for resale unless a sale of full rights is negotiated or express permission is granted in writing by Designer. License is granted only with full compliance of all terms of this Agreement. Non-payment, incomplete or late payment, or any other breach of any part of this Agreement will result in immediate revocation of all licenses and permissions.
10. Indemnification/Release of Liability: Client shall indemnify, defend and save Designer harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Designer’s services, pertaining to any and all litigation in which Designer is a party. Client shall pay all expenses incurred by Designer in defense of such claims, including, but not limited to, all attorneys’ fees, court costs, expenses, lost income, and expenses incurred, should Designer be named a party in any litigation to which Client is a party. Designer will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, or plagiarism.
11. Applicable Law/Venue: This Agreement shall be governed by and construed according to the laws of the State of Texas, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in Tarrant County, Texas, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts.
Terms & Conditions Effective as of 10/1/2011