Please read carefully. This document contains very important information about your project and your relationship with Rich Media Labs. If you have any questions, please contact me.
Rich Media Labs, LLC. (hereby referred to as “the company”) is committed to providing clients complete satisfaction for the services provided. Each client is assured personal attention in the execution of their project, subject to the technical limitations and legislative requirements of the medium. The following Terms of Service detail the relationship between Rich Media Labs, LLC. (the company) and the client regarding any services provided.
The client will obtain all necessary copyright permissions, licenses and authorities with respect of the use of all written copy, photographs, illustrations, registered company logos, names, trademarks or any other materials supplied to the company.
The company cannot accept responsibility for any alterations caused by third-party actions occurring to the clientʼs web site(s), printed materials, advertisements or software tools once completed and provided to the client. Such alterations include, but are not limited to: additions, modifications or deletions.
All software programs, databases, along with other intellectual property produced by the company shall remain the copyright of the company (Rich Media Labs, LLC.) unless or until agreed-upon otherwise in writing.
The company reserves the right to change, at any time, these Terms of Service.
The placement of an order or contract for services provided by the company as well as the confirmation/ok of a formal estimate will be regarded as an acceptance of all of the above Terms of Service. Finalized contracts with the company must be confirmed in writing along with a signed copy of any additional SLA and/or Non-Disclosure documentation.
These Terms of Service shall supersede all previous representations, understandings or agreements and shall prevail notwithstanding of any variance with Terms of Service of any order submitted. These Terms of Service and any contracts arising thereof are governed by the laws of the United States and Arkansas. To help ensure that design, development or production and media are correctly targeted, the client will provide the company a clear and precise brief (in writing if so requested by us). The client will make available to us all relevant information related to the brief and give us such cooperation, as we shall reasonably request. The client will ensure that at all times, the facts given to us about their products or services are accurate and in no way misleading. The client will inform us without delay if they consider that any claim or trade description submitted to them by us for approval is false or misleading in relation to their products or services.
If the contents of a project brief agreed upon by the client and the company are varied in any way during the course of a commission, a fee on a time/cost basis for any such additional work will be added to the original estimate (if provided).
Miscellaneous expenses such as travel, hotel, gas/mileage, out of pocket expenses and long distance telephone charges related to a project will be charged to the client. Expenses totaling more than $100 will first be approved by the client.
Upon premature cancellation of any agreement entered into by the client and the company, the company is entitled to payment for services rendered in relation to the time and expenses involved. The fundamental principles on which the client- agency media financial arrangements are based are:
Queries from agreed adjustments to an invoice will be made on the following monthʼs invoice. If the client fails to adhere to these terms of business and because of this failure we pay any surcharge, then the amount of the surcharge will be paid by the client. In the event where a third party contractor requires payment in advance or at various stages during the course of their involvement in a commission, the client will pay the invoices for such payments immediately upon presentation. The rights, duties and responsibilities of the company shall continue in full force during the agreed upon period of service – including the ordering and invoicing of advertising in media which shall be published during that period. The company shall be entitled to receive its regular fees during the agreed upon period of notice, even though material other than that prepared by the company may be used. The company will continue to invoice the client for all other advertising and design materials and services and services authorized by the client.
Any supplied property of the client provided to the company on their behalf will be held, worked on and carried at the clientʼs risk. Any property provided to the company that is unused will be returned to the client following the closing of all open accounts.
The company shall be indemnified by the client in respect of any claims, cost and expenses arising out of any libelous matter designed on the clientʼs instructions or any infringement of copyright patent or design thereof. The company will act in all dealings with third parties as a principal at law. The rights and liabilities between the client and The Company will correspond to those between Rich Media Labs and the third parties with whom the company deals on the clientʼs behalf. The client will indemnify the company against all claim costs liabilities and damages arising in connection with any material prepared by the company and approved by the client (including without limitation any claims, costs, liabilities and damages for the omission or misstatement therein of any statement or particulars required pursuant to statute). The company shall not be liable for any indirect loss or third party claim occasioned by delay in completing the work. In the event of any contract (written or oral) between the company and the client being suspended or canceled by reason of conditions arising from act of God, strikes, war, lock-outs, national emergency, fire, flood, drought, shortage of fuel or power, or any other cause out of the control of the company, the company shall be entitled to payment for work carried out and expenses incurred up to the date of such suspension or cancellation, furthermore the company shall not be responsible for any loss or damage caused as a result of such suspension or cancellation.
Where no formal written estimate has been requested or provided to the client, the client will be charged on a pro rata basis by the company for services in relation to the time and expenses involved.
Work carried out, whether research, experimental or otherwise, at the clientʼs request will be included in the companyʼs billable hours to the client. This includes all billable time and materials, if any.
Where an estimate or invoice includes the cost of printing and delivery, this price is subject to the normal conditions of sale of the printing industry and the printer.
Unless otherwise agreed upon in writing, all original design, artwork or code remains the property and copyright of the company until full payment of all accounts has been settled. The company reserves the right to include any such work created during the course of an agreement for the marketing or promotional purposes of the company, not limited to inclusion in the companyʼs design/project portfolio or for consideration in design-related award nominations.
All patentable material that may have originated from the company during the course of a project shall remain the property of the company unless, or until, a separate agreement is entered into assigning patent rights in part or in full.
Rich Media Labs does not guarantee full functionality or adequate formatting for Internet Explorer 6. Internet Explorer 6 is a browser that was created by Microsoft approximately ten years ago. Since then, Microsoft has developed better technology in their newest browsers, Internet Explorer 7 (2006), 8 (2009), 9 (2011) and 10 (2012). Rich Media Labs builds websites for current browsers only.
Last Updated: May 13, 2013