Terms of Agreement

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.

Permission & Copyright

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.

Post-Placement Alterations

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.

Software & Database Design

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.

Payment Terms

  1. Invoices from the company must be paid by check or money order. Credit cards may be used, but additional processing fees may be added.
  2. Checks or money orders should be made payable to “Rich Media Labs, LLC.”.
  3. The company requires that all clients confirm/ok formal estimates detailing the agreed-upon work and which may also outline cost of services and other project-specific details before work will commence.
  4. Services and materials acquired by the company on behalf of the client including, but not limited to domain names, stock image licenses, font licenses, software and services remain the property of the company until paid for in full.
  5. Failure to pay for any service charges for domain names and/or other services and materials purchased or maintained by the company will result in ownership being reverted to that of the company even if the domain name, service or material had previously been paid for in full.
  6. The company will be invoiced for services undertaken upon placement of any orders or contracts in writing.
  7. Accounts payable may be rendered on completion of the work or at intermediate stages and payment of each invoice is due within 30 days. Any expenses incurred during the collection of outstanding accounts after the 30 days may be charged to the client.
  8. Final payment for services rendered by the company must be received in full before the final version of web projects or final design artwork will be transferred unless otherwise agreed-upon in writing.
  9. The company reserves the right not to provide services, software or support until full and final payment is received and any open accounts are closed.
  10. Accounts in default are subject to a compound interest penalty of 10% per month on any outstanding balances. If a client goes into default, the client agrees to pay the company its reasonable expenses including, but not limited to solicitor and collection agency fees incurred in enforcing its rights under these Terms of Service.
  11. If a payment is returned to the company as unpaid, the client will immediately be considered in default and will be subject to a returned check charge of $35 (or the charge quoted to us from our financial institution).

Alterations to the Terms of Service

The company reserves the right to change, at any time, these Terms of Service.

Acceptance of These Terms

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.

Jurisdiction

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.

Additional Instructions/Changes

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

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.

Termination of Contract or Appointment

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:

  1. That the agency shall finance its own service but not that of the client;
  2. That, as a principal at law, the agency is held by media as solely liable for payment. It is therefore essential that the agency is paid by the client in time to pay the media costs. The company reserves the right at any time to require, before placement, payment of the costs of any advertisement to be placed by the company.

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.

Clientʼs Property

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.

Legal Liability

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.

No Formal Estimate Sent

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.

Preliminary Work

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.

Print

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.

Design Copyright

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.

Patents

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.

Development for Internet Explorer 6

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

Our clients count on us for exceptional quality work, on time and on budget. For more than eight years, Rich Media Labs has helped us deliver on that promise. We know that every project will be approached with responsiveness, professionalism and attention to detail. Rich offers a blend of creativity and technical expertise that is rare in our industry.

Talana Morris // MPD Ventures

Rich Harpel Founder/Owner

  • BFA in Graphic Design, Louisiana State University
  • 20+ Years Experience
  • Skilled Creative Designer and Web Developer
  • Past Clients Include:
    Adobe, Hershey's, Hyatt Hotels, Frito Lay, Mary Kay, NFL, AT&T, UCR, SRS Realty and Sony Pictures
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