Terms and Conditions
        aka the fine print

The following terms and conditions shall apply to all services provided by @need Marketing, LLC, an Oregon limited liability company (the “Creative Department”), to the purchaser of such services (the “Client”). The purpose of this document is to set forth the terms and conditions that govern the working relationship between the parties and to outline the general scope and cost of work to be performed by the Creative Department. By purchasing the services, as further described below, the Client agrees to the following:

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GENERAL TERMS:

Upon request, Creative Department shall provide Client with an estimate for the cost of any proposed projects. Client agrees and understands that certain factors may affect or alter such pricing, including but not limited to concept revisions, extensive or significant alteration requests, and changes in marketing strategy. If a project is postponed or terminated by Client prior to completion, Client shall pay Creative Department only for the work performed or contributed prior to the date of postponement or termination.

 

PAYMENT/ESTIMATES. Client understands that Creative Department requires credit card payments  for products and services. Client shall pay Creative Department the price quoted by Creative Department, subject to change based on any alterations or amendments to the original quote requested by Client. Unless otherwise agreed upon, Client agrees to pay for services in three (3) separate phases, with 33% of the total cost being paid prior to the commencement of work, 33% being paid upon first proof, and 33% being paid upon completion. Client acknowledges that invoices will be charged to the credit card on file at each phase or upon completion of work. Creative Department reserves the right to charge Client the total cost of the project when a project is proofed out to client for greater than 30 days with no response or feedback provided by client. Department reserves the right to charge, and Client agrees to pay, a monthly service charge of 1.5% of any outstanding past due balance. A payment becomes past due thirty (30) days following receipt of notice that such payment is due. Client understands and acknowledges that any quotes from Creative Department on the price of services does not include the cost of shipping or postage.

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ADDITIONAL COSTS. The pricing listed on the order form does not include other costs, such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling, courier service, or increases in postage expenses. All additional costs, not included on the order form, shall be listed on the Client’s invoice. The additional costs may be subject to state taxes. If performance of the services requires Creative Department to incur additional costs, including but not limited to lodgings, meals, and transportation, Client shall pay for such costs. Reimbursement for mileage shall be calculated at current allowable rates. In the event a project is not completed within six (6) months, Creative Department reserves the right to invoice Client for the work performed to date.

 

PRICING. Client understands that prices of all products and services provided by Creative Department are subject to change without notice.

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OVERTIME/RUSH ORDERS. Estimates are based on a reasonable time schedule and may be revised to take into consideration “Priority Scheduling” requests that require additional hours of work to meet a specific deadline.

Creative Department reserves the right to charge overtime (up to 3x the hourly bill rate) on all work outside the normal working hours.

 

RETAINERS. Client understands that a retainer agreement is valid until all the ads in the package have been invoiced and delivered. Client understands that in order to terminate retainer agreement, Client shall pay the cost of the remaining ads in the purchased package. Creative Department will deliver remaining ads within 4 to 6 weeks of termination. Retainer packages will be available to be renewed on January 1st of each year. Client understands that prices for a renewed retainer are subject to change.

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INDEMNITY. Client represents and warrants that it is the sole owner of all intellectual property provided to Creative Department and agrees to indemnify and defend Creative Department for any and all damages, losses, claims, penalties, or causes of action arising out of or relating to this agreement or the performance of services requested by Client. Further, to the extent permitted by law, Client shall pay for all attorneys’ fees associated with any such claim against Creative Department, or claim brought by Creative Department to enforce the terms and conditions set forth in this agreement. 

 

ERRORS AND OMISSIONS. Client shall be fully liable for any and all errors and omissions relating to the materials provided to Creative Department. Client shall pay for any reprints or alterations caused by inaccuracies on proofs provided by Client to Creative Department. Client understands they are liable for all claims made by Creative Department on their behalf and are responsible for maintaining all documentation pertaining to their business pricing and that of competing businesses.

 

OVER RUNS AND UNDER RUNS (Post Cards and Inserts). The Client shall cover the full cost of all over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. Client shall pay Creative Department for the actual quantity delivered.

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VIDEO PRODUCTION. Client is responsible for the travel and out-of-pocket expenses (i.e. airfare, mileage, meals, lodging) for the video crew and creative director. Client understands that for travel greater than 240 miles, a fee of $500/person/day of travel will apply. A non-refundable deposit of $500 will be required to hold the video date(s) and the on-site production fees will be charged immediately following completion of the onsite video day(s). 

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PROPERTY AND SUPPLIER’S PERFORMANCE. Creative Department shall use its commercially reasonable efforts to perform its duties and obligations in this agreement, however, absent gross negligence, Creative Department shall not be responsible for any loss, destruction, damage, or unauthorized use of the materials or property produced under this agreement for the benefit of Client. Further, Client agrees and understands that Creative Department shall not be responsible for any delay in production or loss caused by a third party, including those third parties selected by Creative Department.

 

LIEN. All materials or property belonging to the Client, as well as the work performed, may be retained as security until all claims against the Client are satisfied.

 

OWNERSHIP. Upon receipt of final payment, Creative Department shall assign the reproduction rights of the produced works to Client.

All rights to and ownership of the works created shall remain with the author of the original work unless a separate purchase of the rights to the work (a buyout) is negotiated between the Creative Department and Client. Client may not use or reproduce the design or the images for any purpose other than the ones expressly stipulated by Creative Department. For any use outside of the original scope of the project, Client must receive the prior written authorization of Creative Department and pay any applicable additional costs. Creative Department reserves the right to use the works created for Client in any future marketing or promotional effort.

 

RESTRICTED USES. Client agrees to not use the content created by Creative Department in a pornographic, defamatory, or otherwise unlawful manner. Client agrees to not use the content as part of its trademark, design mark, trade name, business name, service mark or logo. The rights to use the content created by Creative Department are non-assignable.

 

TERM AND TERMINATION. This agreement may be terminated by either party for any reason with thirty (30) days advance written notice. All payments made by Client are non-refundable. If Client terminates this agreement prior the completion of the project, Creative Department shall stop services and provide Client with an itemized list of all expenses incurred, including Creative Department’s hourly fees, and Client shall be responsible for the listed amount. If Client used Lead Generation funds for printing, Creative Department reserves the right to bill Client for reimbursement of actual costs. Client shall pay for shipping and handling charges for the delivery of all materials.

 

PRODUCTION SCHEDULES. Production schedules will be established and adhered to by both Client and Creative Department, provided that, neither party shall be responsible for any loss, damage, cost, liability, or penalty for a delay reasonably outside of its control. Client shall be provided with a due date for each project. Any delay caused by Client’s failure to respond timely shall be added to the project’s timeline.

 

ADDITIONAL PROVISIONS. The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Oregon applicable to agreements entered into and performed in Oregon. Client agrees that any legal action or proceeding with respect to any issue related to or arising from this agreement must be brought in a state or federal court located in the State of Oregon. Client submits to and accepts the jurisdiction of those courts. Client waives any claim that the State of Oregon is not a convenient forum or the proper venue for any such suit, action or proceeding. This constitutes the entire agreement between the parties and any modification to these terms must be in writing and signed by both parties.