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Service Terms & Conditions

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High Rize Marketing Service Terms and Conditions

By using and purchasing through our website or by signing a proposal or change order, you attest that you have read and understand the terms of the service agreement and agree to all the Terms and Conditions listed here.

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Service Terms and Conditions

Introduction

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to write it down so we both know the expectations, procedures, role, timeliness, and consequences if something goes wrong. In this contract we will try to minimize any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something you might regret. We will try and be as transparent as possible, but in the event that you don’t understand something, please don’t hesitate to ask first before proceeding. We want what’s best for both parties, now and in the future. By visiting our website and retaining our services either via our ecommerce website or via a quote, you understand and agree to all our terms and conditions.

 

Acceptance

What do both parties agree to?

You, as the Client, confirm that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll provide us with the assets and information we tell you we need to complete the project. You’ll do this within the parameters of the deadlines we set, and you’ll provide it in the formats we request. You’ll review our work, and provide feedback and approval in a timely manner too. Timelines work two ways, so you’ll also be bound by dates we set together. You agree to stick to the payment schedule as set out in this contract. You also agree to adhere to all the terms and conditions as they apply to the various services we provide and any third party terms and conditions, whose services we may use to implement your project. For example, we set up a Google Analytic account with each website, and by doing so, you agree to abide by Google’s terms and conditions as they apply to their analytics service and your website.

We, as High Rize Marketing, have the experience and ability to do everything we’ve published on our website or agreed with you via a quote and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every timeline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us. We may also amend and update this agreement at any time and from time to time without providing you with a notice.

 

Liability

High Rize Marketing: We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified marketing agency with relevant experience. That said, we can’t guarantee that our work will be error-free, so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Client: Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

General: Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

 

Our Processes

General: We have worked hard to develop a process that is easy to follow and use. While each of our services come with slight variations, in general all our processes are very similar. Starting with the pricing, we try to be as transparent as possible. Most of our pricing is built around quantity and effort, so if we are asked to increase the scope of work, then we also expect to be paid for our extra efforts. We will let you know if a request is above and beyond what we have published or quoted and let you know how much more the cost will be.

Once we have committed to each other, the designer assigned to your projects will contact you to review and discuss your project and develop a design style which we will base all your designs around. Once we have set a design style and started with the creative process, there would be a minimum of a 25% change fee to switch to a new design style. This may be higher if the projects are well advanced in the design and development process.

We also require that each customer assign a single representative who will communicate any and all project details with us. Client assigns all responsibility to selected representative regardless of their position with the client’s company.

With most of our creative projects, we include a total of 3 revisions to enable you to help fine tune the projects to meet your needs. Please carefully read the section below about changes and revisions for details on what consists a revision. We also have a 30-day window during which your project should be completed. This 30-day window starts when we deliver the initial design proof to you. For most revisions, we will be able to turn these around within 7 business days or less. In the rare event that a project goes beyond the 30-day window and has not completed within the 3-revision cycle, we will have to charge a 5% fee each month to keep the project open.

Once each project phase is completed, we ask you to provide us with a written approval. This approval is final and any additional changes will be charged at our standard hourly rates. Some projects will only have one phase while others may have multiple phases.

Marketing Process: All our marketing packages are quoted via custom quotes and are some of our most involved and expansive projects. Many of our marketing projects include all aspects of our design, development, and management services. Most marketing projects start by defining the brand before the commencement of the design and development processes.

Branding Process: Developing a brand is a highly subjective process, it is a process that requires an initial creative process and regular feedback. We process received feedback and combine it with industry standards and years of experience to develop a brand. We start with several different concepts depending on the package selected and refine 1 or 2 of the selected concepts.

Once a logo design or enhancement is approved, the final logo will have the following files formats generated, .ai, .eps, .tiff, .jpg, and .png. These files will be uploaded to your account. Additional file formats or logo color formats are available upon request, but will result in additional charges.

Print Process: Once a design has been approved, you are fully responsible for the design. ALL approvals are final. High Rize Marketing is NOT LIABLE for any errors in a final product approved by you including, without limitation, any of the following reasons: misspellings, graphics, bleeds, grammar, damaged fonts, small fonts, orientation of files, punctuation, wrong cuts, incorrect or missing folds, and finished product size.

After a print job has been sent to the printer, you are responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted.

All sales are final, unless otherwise noted. No refunds are given once you have approved and work begins working on your order. Please note that no work will proceed on any print job in your order until full payment is received by High Rize Marketing.

The printing process will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements.

The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved. Please note that High Rize Marketing cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy proof option. Please note that we accept no responsibility for color variations between approved print-ready images and the actual artwork or product they represent.

Online Process: Our process for websites starts with determining the size and content of the website. This includes page numbers and types along with content and who supplies this content. We also determine what features to include and the purpose of the website. We require that all our clients register their own domain names with a registrar of their choice. For the next step, we will provide you with a website diagram layout for you to review and approve. After this diagram is approved, any additional pages, features, or content will be charged for via quote or online.

We then proceed to conducting a design creative and/or questionnaire to determine the design style of the website. Once this style is selected, we develop a website page for you to review and approve. When this initial page is approved, we will build out the remaining pages. By default, High Rize Marketing expects the client to supply content copy and images. High Rize Marketing will supply all header and background images.

Included in all website packages are 3 content and image revisions (see changes and revisions section below for more details). Only one minor design layout updates will be included at this point. All major design layout updates will be charged at our standard hourly rate.

Once the website is completed, and/or the 30-day revision period has passed and the website is approved, we will assist or manage the registrar updates to make your website live. Once a website goes Live, it is considered 100% complete and approved. While we test your website in multiple browsers and on various platforms, High Rize Marketing is not responsible and takes no liability for any issues that may occur after the 30-day revision period has passed due to browser or platform updates.

All hosting fees start when the website’s hosting is initially setup at the start of the website development phase, and NOT when the website goes live. Any 3rd party builders, themes, and application fees and renewals will be calculated from the date that they are purchased and NOT when the website goes live.

SEO Process: Search Engine Optimization (SEO), is a complex and ever-changing environment. There are hundreds of factors that can influence the ranking of a website. High Rize Marketing will follow and implement our SEO programs that have proved very successful for many of our clients, but can make no guarantee of results. While search engines are constantly changing the way and method of ranking websites and content, these changes may cause your rankings to suddenly drop or change and are beyond the control of High Rize Marketing. While we will make every effort to make necessary updates to increase your rankings, we are in no way responsible for the end result.

During the process of a SEO campaign, we may determine that additional items may be required in order to achieve the desired results, and the client must agree to implement or pay High Rize Marketing to implement these additional requirements. Failure to act on recommendations may hamper the final ranking results.

All fees paid for SEO services are nonrefundable regardless of the end result. In the event of a term contract, an early cancellation will result in a penalty of 25% of the remaining total of the contract value. All term contract payments will be charged automatically with the credit card on file on the due dates. Failure to maintain a current card on file may result in a $34 failed payment fee each time the credit card payment is attempted.

Advert Management: Running paid adverts online is difficult due to national and state laws restricting direct advertising of cannabis online so instead we advertise your business and use landing pages. Due to the nature of these restrictions, occasionally advertising campaigns may be halted with no advanced warning. A halted or paused campaign will stop charging your account for paid ads, though there may be an unpaid balance that remains and will be charged. All payments for actual paid adverts will be directly paid to Google, Bing, Facebook or other online service. These payments are your obligation to pay directly and any balances due shall be paid when due. Any advert management fees paid to High Rize Marketing are non-refundable regardless of the status of the campaign or the results.

 

Changes and Revisions

We don’t want to limit your ability to change your mind, so we have included 3 revisions (the first proof counts as the first revision – rev A) with all our design projects. All our pricing is based on multiple factors including number of revisions. Based on our years of experience, we complete over 95% of all projects within these 3 revisions, but we’re happy to be flexible. If you decide that you want to add an additional revision, or even several more, we usually just charge hourly for the extra revisions. However, if once we have started and you want to change your mind or add anything new, that won’t be a problem as we’ll simply provide a separate estimate for those changes and additions.

But we also have timelines and schedules we are all working towards, so if we don’t hear back from you about a particular project for 3 months, we will consider the project closed and will archive it. If we still haven’t heard from you for 1 year, we will then permanently delete your project files. However, if you then choose to revisit the project after we have archived it and before we have permanently deleted your project files, there will be an unarchive fee of 10% of the project value. Design is a creative process and if this gets interrupted for too long, then your designer will have to spend time again just to reacquaint themselves with your project.

We also feel that we need to define exactly what we mean by a revision, just to make sure that there is no confusion. The first initial proof is also considered the first revision and is labeled as Rev A. So, with a 3-revision design, you would receive Rev A as the first design, then you would be able to requests for changes which would result in a Rev B and then any change requests for the Rev B design would result in a final Rev C. Any additional after Rev C would be charged on an hourly basis.

 

Copyright Policy

“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them, they have not been “copied off the web”. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll provide you with backup files that you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

All images, videos, design elements, and text copy that we provide for use in your website is fully licenses to us for use in our projects only and may not be used by you in any format on any other project or may not be given or sold to any 3rd party. If you would like a fully licensed set of images, videos, design elements, or text copy for use with other projects, please contact us for a quote. All pricing listed on our website does not include full rights to images, videos, design element or text copy unless supplied by you for use.

 

Displaying Our Work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

 

Payments

All payments are due when stated either on the website or on the quote. All term projects, plans, and services must have an active credit card on the account and all payments will be processed automatically on the scheduled dates without prior notice. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. High Rize Marketing also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Should you need to update or change your credit card on file or switch between credit card and echeck payment methods, please log into your High Rize account to make the necessary updates.

Please note that we do not store your credit card or bank information on our website, this information is stored only by Authorize.net, the credit card processor. When you update your payment information, this is done on Authorize.net’s website. At no time do we have access to your full credit card or bank information via the website.

 

Cancellations and Refunds

Should you choose to change your mind after you have placed an order, but before we have started on processing your order, there is a 3% refund fee to cover our credit card processing fees. After we have started processing your order which usually happens within 1-3 business days, but before we have started on any designs or development work, there is a 15% administration refund fee to cover processing your order, setting up your projects, and scheduling designers and meetings. After a design is started, there are no refunds, all sales are final at that point.

Projects, plans, and services with a term contract that are setup for a predetermined and agreed upon time period or quantity will require a 25% payment of the total remaining months or quantity. Term cancellations must be received in writing no later than 10 days before the next payment is due. After the initial term contract period is completed, the plan or service will automatically renew on a month by month basis and may be cancelled at any time without any penalty after a written notice is received no later than 10 days before the next scheduled payment is due.

 

Small Print

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

When you are in contact with us by phone, the call may be monitored or recorded for quality assurances purposes. Your continued participation in any telephone conversation serves as express consent to be monitored or recorded.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of United State and Texas courts. This Agreement shall be governed by the laws of the State of Texas. For all disputes and any action involving matters of this Agreement, venue shall lie in Gregg County, Texas.

During the term of the Agreement with High Rize Marketing and for a period of five (5) years after the Termination Date of all Agreements with High Rize Marketing, Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of High Rize Marketing to terminate his or her employment or services with High Rize Marketing or to perform any work or services for Client or any of Client’s customers, vendors, or affiliated companies.

During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with High Rize Marketing, Client agrees to take no action which is intended, or would reasonably be expected, to harm High Rize Marketing or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to High Rize Marketing.

 

Authorization

By electronically signing or physically signing this Agreement, I attest that I have read, understand, and agree to these Terms and Conditions.

 

Hosting Terms & Conditions

The Hosting Terms & Conditions lay out the terms and conditions under which we provide website hosting for your domain.

Privacy Policy

The Privacy Policy lays out the terms and conditions under which we store and use any information you provide us, both electronic and physical.

Get in Touch

(817) 864-1222
info@highrizemarketing.com

Open Hours

10 am - 4 pm   M - F

Our Locations

Dallas, TX

Longview, TX

Shreveport, LA

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