Rize AVS Service Terms & 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.
The following Service Terms and Conditions apply to all products and services provided by Rize Marketing Company, dba Rize AVS (hereinafter referred to as Rize AVS) and in the event of any dispute are governed by the laws of the State of Texas.
All work is carried out by Rize Marketing Company on the understanding that the client has agreed to our terms, conditions, and procedures.
Copyright is retained by Rize Marketing Company on all design work including words, content, images, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to have been provided by Rize Marketing Company in fulfilling the contract. All other designs remain the property of Rize Marketing Company, unless specifically agreed in writing.
Service Terms and Conditions
At Rize Marketing Company, dba Rize AVS (hence called Rize AVS), it is our goal to clearly state what you buying and what you can expect from us. In preparing to do so, we have constructed a detailed Terms & Conditions to provide all parties with a clear understanding of the expectations and responsibilities and pertaining this agreement. This statement includes but is not limited to, expectations, procedures, role(s), timeline(s), and consequences, should there be any. Rize AVS takes pride in honest interactions by maintaining transparency and availability in the event questions arise, please use our contact page or reach out to your sales person. It is our mission to build long-term relationships with you, your team and your brand to fulfill all current and future needs as your marketing firm. By visiting our website and retaining our services, you understand and agree to our terms and conditions. Terms & Conditions are subject to change without notification.
What do both parties agree to?
You, as the Client, confirm that you have the authority to source, initiate and enter into this contract on behalf of the company, receiving and financially responsible parties. You (our client) will be required to provide pertinent information in specific format, guided by Rize AVS, within an agreed-upon and restrictive timeframe so that we may efficiently meet your needs and vision. Once a project has reached point of proofing, you will review our work and submit approval or change requests in a timely manner within a 30-day time period unless specifically stated in the contract. All deadlines will be agreed upon when a project is initiated and are imperative to project completion, including but not limited to those listed above as well as payment schedule(s). In the event that a deadline or structured time-frame needs revision to meet your needs, you must notify us immediately in writing. There are no exceptions to this condition.
You agree to adhere to all terms and conditions as they apply to various services we provide and you willfully accept any third-party terms and conditions, whose services we may use to initiate, complete and maintain your project. As an example, we set up a Google Analytic account with your Rize AVS account, by doing so, you agree to abide by Google’s terms and conditions as they apply to their analytics service and your Rize AVS instance.
We, as AVS Rize, hold the experience, professionalism, drive and dedication to meet deadlines and provide purchased service(s) and product(s), and most importantly we will maintain the confidentiality of everything you provide us with. We may also amend and update this agreement at any time and from time to time without providing you with a notice.
Rize AVS: We will maintain our design services and deliverables in accordance with good industry practice and at the standard expected from a suitably qualified marketing agency with relevant experience. That said, we cannot guarantee that our work will be error-free; We are released from all liability and are not responsible for damages that include but are not limited to lost profits, lost savings, incidental, consequential or special damages. This also applies in the event that you, the client, are the person(s) who inform Rize Marketing Company of a concern.
Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by Rize AVS. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Client. Alteration by the Client of its requirements may result in delay in performance, delivery and/or availability for collection for which Rize AVS shall bear no liability. Rize AVS shall not be held liable for any delay in quoted print production and late delivery thereof. Any packaging supplied by Rize AVS, unless otherwise expressly agreed, is intended to provide adequate protection throughout normal conditions of transport by the means specified in the agreement or as otherwise agreed. If the Client (or the intended recipient) fails to take delivery or be available for the delivery agent on the agreed date or to collect on the agreed collection date, or if no specific delivery or collection date has been agreed, when the goods are ready for dispatch, Rize AVS shall be entitled to store the goods and to charge the Client the reasonable cost of doing so, and to tender its account for such charges to the Client, provided that in no event shall Rize AVS be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
Rize AVS does not warrant that the functions supplied by websites, ecommerce, designs, branding, marketing, digital marketing, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Rize AVS be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Rize AVS has been advised of the possibility of such damages.
Client: Your liability to us will also be limited to the amount of fees payable under this contract and you will not 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.
General: We have been committed and maintain said commitment to develop a process that is client friendly and provides ease of use and efficiency of communication. 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; if we are asked to increase the scope of work, additional fees could accrue. In the event that additional fees are deemed necessary upon your request and are outside of the original agreement, we will notify you via written notification and quote.
Once the project agreement has been signed, your project(s) will proceed as per the following process;
- The project manager will start by setting up your project and assigning the appropriate designer(s).
- For orders with multiple projects, projects may need to be completed in a certain sequence to ensure that there is a unified branding across all products.
- The project manager will send you a welcome email with project details.
- The designer(s) have been assigned to your project(s) will contact you to review and discuss your project(s).
- For template or style based projects, these need to be selected before the designer can proceed with your project. 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.
- All projects in process will follow the included revision process as described per either the product/service page or the supplied quote. All additional revisions beyond those included, will require payment by the hour with a minimum increment of 1 hour each.
- 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. Please note that some projects will only have one phase while others may have multiple phases which may require multiple approvals.
- Completed and approved projects maybe revised or updated at any time in the future, but depending on the requested scope, we will either charge by the hour or put together a quote.
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.
Marketing Process: All our marketing packages are custom quoted 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 branding project 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. Rize AVS 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 we begin working on your order. Please note that no work will proceed on any printing project in your order until payment in full has been received by Rize AVS.
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 expected to be within 85% of the final proof you approved. Please note that Rize AVS 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.
Printing projects with detailed color specifications will require a hardcopy proof to be purchased, printed, mailed, approved and mailed back to our office for comparison with the final printed product. Even with a hardcopy proof, there maybe slight variations in color production.
Online Process: Our process for websites starts with determining the size and content of the website. This includes number of pages and page types along with content and who supplies this content. We also determine what feature(s) 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. Changes to the number of pages and page type may incur a change in the price of the website. 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, Rize AVS expects the client to supply content copy and images. Rize AVS will supply all header and background images.
Included in all website packages are a set number of hours for the design phase (if package ordered includes a design phase) and a set number of website content update hours once the website has been coded and submitted for review. Websites projects with multiple phases will state how many hours of revisions are included with each phase. Any revisions that extend beyond the included hours will be charged on an hourly basis.
Once a website goes Live, meaning that the website has been transferred to it’s final URL, it is considered 100% complete and approved. While we test your website in multiple browsers and on various platforms, Rize AVS 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. Rize AVS 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 Rize AVS. 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 Rize AVS 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 50% 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 will result in a $34 failed payment fee each time the credit card payment is attempted.
Advert Management: All payments for actual paid adverts will be directly paid to Google, Bing, Facebook or other online service unless otherwise agreed upon per the contract. These payments are your obligation to pay directly and any balances due shall be paid when due. Any advert management fees paid to Rize AVS are non-refundable regardless of the status of the campaign or the results.
Design Approvals: Once a design or document is APPROVED, the design or design phase is considered complete, any changes or revisions will be considered as an order add-on and will be charged at our standard hourly rate with a minimum one hour charge.
Customer is fully responsible for all final APPROVED designs, layouts, copy, content, and Rize AVS is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Customer Supplied Graphics, Grammar, Punctuation, or Message.
Upon approving a design, document, website, content, or other the Client agrees that they have verified that the spelling, grammer, and content are correct. The Client verifies that they are satisfied with the design or document layout. The Client understands that any designs or documents will print EXACTLY as APPROVED, and that the Client assumes all responsibility for typographical errors.
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 most our standard design projects. For websites and other digital services, we usually calculate revisions by the number of hours. All our pricing is based on multiple factors including number of included revisions and/or hours. Based on our years of experience, we complete over 95% of all projects within stated 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 a 1-year period from the start of the project, we will then permanently delete all 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 20% 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. Unfinished project that have been deleted after the 1-year period, will have to be repurchased in full at the then current price.
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.
“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, 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, and understand that it is your liability should an issue arise, not ours.
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 or that as specifying that you are an authorized dealer of said products, we have the rights to use all images from the vendors you claim to be an authorized dealer of. 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:
For template and style-based designs, you will have the right to use all the supplied visual elements, designs, and images while you maintain a working and paid relationship with Rize Marketing Company or one its divisions and agree not to pass on any project files, images, or designs to any 3rd party designer or design firm.
For full custom designs, you will have full rights to the designs to use as you please. All images and content will remain the exclusive property of Rize Marketing Company unless there has been a specific paid contract that has purchased the images and paid for the custom writing of the content for your product.
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.
In the event that you choose to move your website to a different host or have another design agency take over management of the website, you can either replace all the images with those supplied by the new design agency or we will provide you with a quote for a fully legal copy of all images, text, content, and applications that maybe be part of your website. All content, images, videos, and design elements not paid for in a separate contact, must be removed when the website is moved to another host or another design agency.
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.
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. Rize AVS also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. Accounts delinquent for 30 days will automatically freeze all accounts and services with Rize AVS and for some services like email hosting, it will result in the automatic deletion of all accounts and emails. 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 Rize AVS 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 50% 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.
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.
All parties agree to adhere to all relevant laws and regulations in relation to our activities under this contract and not cause a breach of 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, this does not deem the document in its entirety as void. Only sections that have become invalid should be voided.
When you are in contact with us by phone, the call may be monitored or recorded for quality assurances, training and validation 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 Rize AVS, which is a division of Rize Marketing Company, and for a period of five (5) years after the Termination Date of all Agreements with Rize AVS, Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of Rize AVS to terminate his or her employment or services with Rize AVS 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 five (5) years after the Termination Date of all Agreements with Rize AVS, Client agrees to take no action which is intended, or would reasonably be expected, to harm Rize AVS or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Rize AVS.
By electronically signing or physically signing this Agreement, I attest that I have read, understand, and agree to these Terms and Conditions.