Terms of Service | Website Design
COPYRIGHTS + USER MANAGEMENT
By signing this agreement, Client guarantees that all elements of text, photos, or other artwork are either owned by Client or Client has permission to use and that no content delivered to Rockfish Media Group (RMF) infringes on any copyright, trademark, trade secret of a third party. Client agrees to protect RMG from any claim (by a third party) of misuse of their intellectual property. If necessary, Client agrees to provide RMG with license agreement from third party, if applicable.
RMG retains and reserves copyright to all data, files, logos, and other materials of Client’s that have been supplied by Client to RMG. RMG may alter or modify content to complete this project as it sees fit. To be clear, Client is granted all usage rights to their media, website, ad(s), collateral marketing materials UPON PAYMENT IN FULL of this contract and therefore OWNS their website or other completed project. Until that point, RMG shall own all rights, titles, interest and copyright of and to all artwork, photography, designs and work created for this project, in keeping with any other terms and limitations regarding the original scope of work for said contract. Additionally, signing this contract implies permission for RMG to use Client’s website to promote its services in all manners. Please note all content created by RMG, excluding website, is property of RMG. If contract is terminated, content remains property of RMG and is under no obligation to turn over said content to client without payment.
PAYMENT
This contract is offered at a variable fee that includes all items noted below. It also includes an SSL certificate (site security), consultation fees (beyond free initial consultation fees), etc.
We recognize that on occasion, to complete your project successfully, work may need to progress beyond the hours/inclusions anticipated in this original contract. If this should happen, RMG will contact Client with a change request, at which point, Client may review the request and decide whether to approve. All work will be halted until RMG receives instructions from Client indicating Client’s wishes. Depending on the nature of the change request, if Client does not approve additional fees, all work completed to that point, under this agreement, may become property of Client and RMG may be released from further work, with any fees ALREADY collected by RMG retained by us. If change request is minor in nature, after discussion with Client, both parties will decide how to proceed.
Please note that RMG believes in transparent and clear communication with clients. We will ALWAYS endeavor to complete and deliver all work originally agreed upon in a timely manner. Client is free to contact RMG and its representatives at ANY time to ask questions, submit suggestions and generally remain aware of progress on their project. If work is demanded in a shorter time than customary for any part of a project, rush fees may apply. RMG will never apply rush fees without prior client approval.
CONTENT MATERIAL + IMAGES
It is the Client’s responsibility to provide RMG with all content for their project. This may include, but is not be limited to, text, photos, forms, verbal descriptions of ideas for site/ad/logo. Photos and text should be delivered in digital form and in proper size. Additional fees may occur if content is not delivered in this manner, in which case, Client would be notified. Client should be aware of what he/she needs to gather for RMG to begin a project. A clear checklist will be provided to Client to ease this process. Client may deliver content as it becomes available or all at once. RMG reserves the right to delay start of project until all content is in-hand, when applicable. If Client fails to deliver content within 3 months of contract signature date, project is deemed “inactive”. Client may “re-activate” project but the complete project fee will be due upon reactivation, prior to work resumption.
RMG is not responsible for text creation. We are happy to provide guidance for this part of your project and always provide professional editing to client copy at NO ADDITIONAL COST. If Client wants RMG to generate professional text, client will meet with RMG to provide assistance, ideas and direction, and agrees to pay $75/hr. for this service.
Photos- Client will supply image files in editable formats such as .jpg, .png, .pdf, or vector files, etc., with the exception of those created as part of this contract by Melissa Grimes-Guy Photography, if applicable. All photos should be HIGH RESOLUTION digital format. Stock libraries will be suggested if necessary. For a fee of $50/hr., RMG will search libraries for client and provide a folder of options. (Image size requirements will be clearly stated in consultation meetings.) All images MUST be property of the Client or Client MUST supply permission to use from photographer(s) to RFG.
For advertising/marketing, Client will provide RMG with detailed goals. Client will provide all information necessary to complete project such as digital logo, fonts, business colors, etc.
NOTE: Any original graphic imagery , photography or videography created by RMG ALWAYS requires attribution as such. Please use “@rockfishmediagroup (Instagram) or rockfishmediagroup.com (website or Facebook). This applies while the project is active as well as when the project is complete.
CANCELLATION
Cancellation of any project is an occurrence we work hard to avoid. But, in the event that Client desires to cancel, all work created to that point by RMG will remain with us and owned by us unless contract has been paid in full Additionally, all fees incurred to that point from Client will be retained by RMG totaling an amount not less that 50% of entire contract face value. We always want our relationship with client to be of a quality where true trust and respect exists and it is our intention from our very first meeting to act in a professional manner that we believe guarantees a successful and happy partnership. If Client does not provide RMG with materials needed for this project for a year from contract date, the contract is cancelled and all rights to any materials by Client are forfeit and all fees received to-date are retained.