Terms & Conditions
Agreement – This document defines the terms and conditions of our working relationship. All projects or services that Jenna Rose Robbins may be contracted to produce or provide for Client will be subject to the following:
Payment & Estimates – Client agrees to pay Jenna Rose Robbins in accordance with the terms specified in the proposal/estimate. Unless otherwise agreed, payment is due upon receipt for all invoices. Jenna Rose Robbins reserves the right to refuse completion or delivery of work until past-due balances are paid. All costs and expenses cited in this proposal are our best estimates given the information provided. If additional information is forthcoming, the project specifications or schedule changes, cost and expense estimates may change. Additional time or services needed to complete the project must be authorized in advance by Client and will be billed at an agreed-upon hourly rate. Updates and routine website maintenance will also be billed at an hourly rate on an as-needed basis, with a one-half-hour minimum per incident. Jenna Rose Robbins will begin work upon Client’s approval of this proposal/estimate and receipt of a deposit equal to 50% of the project estimate. Your approval (whether written or oral) will also constitute an agreement between us. This proposal/estimate is valid for 30 days from receipt.
Out-of-Pocket Expenses – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, illustrations, shipping services, and third-party vendors. Expenses will be itemized. If consultant services are required in out-of-town locations, Jenna Rose Robbins will bill lodgings, meals, and transportation by cost. Any mileage reimbursement will be calculated at current allowable rates.
Revisions and Alterations – New work requested by Client after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, Jenna Rose Robbins will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Client alterations and copy changes requested after layouts or mechanicals are completed will be billed at standard hourly rates.
Overtime – Estimates are based on a reasonable time schedule, and may be revised to take into consideration any “Priority” requests requiring overtime and weekends. Third-party vendors such as service bureaus also charge a 100% to 200% markup on overtime after 5:30pm and weekends.
Copyright and Trademarks – Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Jenna Rose Robbins for inclusion in the project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Jenna Rose Robbins and her subcontractors from any claim or suit arising from the use of such elements furnished by Client.
Upon request by Jenna Rose Robbins, Client agrees to purchase stock images for use in content. If Client refuses to purchase such stock images, Client waives Jenna Rose Robbins or her designee from any responsibility for using images that Jenna Rose Robbins selects and agrees to hold harmless, protect, and defend Jenna Rose Robbins and her subcontractors from any claim or suit arising from the use of such elements chose by Jenna Rose Robbins.
Errors and Omissions – It is the Client’s responsibility to check proofs for accuracy in all respects, ranging from spelling to technical illustrations. Jenna Rose Robbins is not liable for errors or omissions. Your approval, via email, is required on all mechanicals or artwork prior to release for printing or other implementation.
Property and Performance – Jenna Rose Robbins will take all reasonable precautions to safeguard the property Client entrusts with her. In the absence of negligence on our part, however, we are not responsible for loss, destruction, or damage, or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed, or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Jenna Rose Robbins is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance, or delivery.
Ownership – Upon receipt of final payment, all rights to materials created by Jenna Rose Robbins specifically for the project shall be transferred to Client and considered “works for hire.” Rights to photographs, illustrations, source code, and other proprietary materials are not transferred to Client, and remain the property of their respective owners. Jenna Rose Robbins and any subcontractors also retain the right to display project materials as examples of their work in their respective portfolios. Jenna Rose Robbins also reserves the right to place a “Site design by Jenna Rose Robbins” credit, or similar credit, in the copyright notice for any online projects, with a link back to her site. Unless otherwise requested, Client may be identified as a client on marketing materials, including the website, for Jenna Rose Robbins and/or her related companies.
Term and Termination – The term of this agreement will continue for work-in-progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate, or “put on hold” any previously authorized project or purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, Jenna Rose Robbins will transfer to Client all your property and materials in our control and for which you have paid. Client will indemnify and hold Jenna Rose Robbins harmless for any loss or expense (including attorney’s fees), and agree to defend Jenna Rose Robbins in any actual suit, claim, or action arising in any way from our working relationship. This includes, but is not limited to, assertions made against Client and any of its products or services arising from the publication of materials that we prepare and you approve before publication.
Production Schedules – Production schedules will be established and adhered to by both Client and Jenna Rose Robbins, provided that neither shall incur any liability, penalty, or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or Jenna Rose Robbins. Where production schedules are not adhered to by Client, final delivery date or dates will be adjusted accordingly.
Additional Provisions – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of California applicable to agreements entered into and performed in the State of California. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If Jenna Rose Robbins must retain attorneys to collect on balances due, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.