Renov8 Imaging shall provide the following graphic design services:

• Print Materials – flyers, posters, brochures, business cards, letterhead, event programs, signage

• Digital Materials – email templates, social media graphics, blog banners, and other web             graphics

• Ad Design - print and web ads * Event Branding * Access to our printers which include extremely low printing costs

* Services do not include additional costs like stock photography & fonts

* Additional services are available upon request.

 

CHANGES

No change fees shall be required of the client at any time.

 

TIMING

Agency will prioritize performance of the Services as may be necessary or as identified in the Proposal and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to the Agency. The Agency shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Agency's ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Agency's obligations under this Agreement.

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TESTING AND ACCEPTANCE

Agency will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. The client, within 1-2 business days of receipt of each Deliverable, shall notify Agency, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Agency will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.

 

CLIENT RESPONSIBILITIES

Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

(a) coordination of any decision-making with parties other than the Designer; (b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and (c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

 

 

DELIVERABLES

Renov8 Imaging will deliver project files in the form of JPEG, PDF, TIFF or PNG files. Source files (PSD, AI or EPS) are the sole property or Renov8 Imaging and will not be released for any reason unless previously discussed and agreed upon. 

 

 

 

TERMS & CONDITIONS

 

COMMERCIAL TERMS

Contract Validity

This contract is valid for thirty (30) days from the Effective Date. Once this contract is replied to in the affirmative (be it this email, phone call,  or signed etc.) this agreement will go into effect. In the event this Agreement is not executed by Client within the time identified, the Contract, together with any related terms and conditions and deliverables, may be subject to amendment, change, substitution or dismissal.

 

Governing Law

This agreement shall be governed by the laws of the Commonwealth of Illinois.

 

Time is of the Essence

Renov8 Imaging and Agency acknowledge that time is of the essence in their performance of obligations set forth for each party under this proposal and these terms. Each party will act with a sense of urgency in all matters regarding this project.

 

No Waiver

Failure to enforce the terms of this agreement by either party in a particular situation does not waive the party's right to enforce said terms at a future time.

 

Severability

If any part of these terms is found to be unenforceable due to a matter of law, the remainder of these terms shall remain in effect.

 

Fees and Charges

In consideration of the Services to be performed by the Agency, Client shall pay to Agency fees in the amounts and according to the payment schedule set forth in the Contract, and all applicable sales, use or value-added taxes, even if calculated or assessed subsequent to the payment schedule.

 

Payment Schedule - 

An invoice will be sent at the top of the pay week (Monday) to be paid by the following Friday. 

Payments can be made via, Credit Card, PayPal or by check made out to Renov8 Imaging, and mailed to:

Renov8 Imaging

3006 MacFarlane Crescent

Flossmoor IL, 60422

 

Invoices

***All invoices are payable within ( 10 ) days of receipt. A monthly service charge of 15% (or the greatest amount allowed by state law) is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes.

 

 

 

 

RELATIONSHIP OF THE PARTIES

Independent Contractor. Agency is an independent contractor, not an employee of Client or any company affiliated with Client. The agency shall provide the Services under the general direction of Client, but Agency shall determine, in Agency’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Agency and the work product or Deliverables prepared by Agency shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.

 

Designer Agents. The agency shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, Agency shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement.

 

No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. The client is free to engage others to perform services of the same or similar nature to those provided by Agency, and Agency shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Agency.

 

 

RIGHTS TO DELIVERABLES OTHER THAN FINAL ART

Client Content. Client Content, including all pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. Client hereby grants to Agency a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Agency’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement.

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Third Party Materials. All Third Party Materials are the exclusive property of their respective owners. Agency shall inform Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Art. Under such circumstances, Agency shall inform Client of any need to license, at Client’s expense, and unless otherwise provided for by Client, Client shall obtain the license(s) necessary to permit Client’s use of the Third Party Materials consistent with the usage rights granted herein. In the event Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of Third Party Materials, Client hereby indemnifies, saves and holds harmless Agency from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of Client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Art.

 

Preliminary Works. Agency retains all rights in and to all Preliminary Works. 

 

 

RIGHTS TO FINAL ART

License for limited usage, no modification rights:

Upon completion of the Services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Agency grants to Client the rights in the Final Art as set forth below. Any additional uses not identified herein require an additional license and may require an additional fee. All other rights are expressly reserved by Agency. The rights granted to Client are for the usage of the Final Art in its original form only. The client may not, distort, manipulate, reconfigure, mimic, create derivative works or in any other manner, alter the Final Art unless agreed upon at the acceptance of this agreement. 

With respect to such usage, Client shall have the right to: extract portions for the purposes of video promotion or animation.