Payment structure: Deposits for certain projects or services may be required. Monthly payments are due by the date posted on the invoice with automated payments required for most Service Level Agreements. If you are not on an automated payment system with Standout Arts, you may receive individual invoices for our services, typically sent via email and typically sent monthly, at the end of each month for each billing period. For Service Level Agreements (SLA) where automatic payments are used, payments are debited each month from the card that you use to sign up for your selected plan of partnership with Standout Arts. By authorizing our work, you commit to ensuring that all payments are made on time and acknowledge that you will be billed for all project requests, including consultation (by phone, email, or in-person). Payment processing fees may apply, including fees associated with repeatedly sent invoices. Payment is due by the terms as noted on each invoice.
You understand that a Service Level Agreement may not be all-inclusive to your needs/project requests. For add-on requests that exceed your SLA with Standout Arts, you will be billed under the terms of your selected plan of partnership with Standout Arts or as stated within the proposal that we provided. Most add-on projects are billed by the hour. You agree that any requests for projects that exceed your package's total or monthly plan will be billed in addition to your base plan, if applicable.
You understand that additional revisions, beyond those provided for and allowed within your plan of partnership with Standout Arts or project package will be billed in addition to any flat-rate plan price (if revisions exceed your allotted number of service hours each month) or package price as quoted in proposals.
You understand that we reserve the right to charge for excess requests for consultation/troubleshooting even if such requests are conducted via email or by phone. Our time is billable regardless of the manner of communication. We strive to be very detailed in our communication and to provide you with complete, ready to publish work. However, revisions are a necessary part of our industry and communication of revisions and instruction for projects are necessary for the successful completion of every project. Our goal is always for you to love the end result of any project. We must, however, work within our schedule to ensure that we do not miss deadlines for any of our clients. For this reason, we limit access to our team. Access to our team is based on your Service Level Agreement with Standout Arts. We do not charge for the number of emails that you send, however please note that excessive messages via email, text, voicemail, social media, and other forms of communication on or offline may result in charges as they relate to consultation, advice, guidance, clarification, resubmission of information, or other types of topics that are associated with troubleshooting, consulting, research, information and file-sharing. Any added charges for such services will be based on our current hourly rate and constitute under our Line Item of "Consultation/Support".
You understand that prices listed in proposals are estimates only. Adding additional services or opting to add in third-party services may result in changes in the pricing as originally quoted.
The costs of printing, additional ad campaigns or paid advertising services that are not included within your package will be billed individually, and will be detailed within the invoice of the billing period for which the add-on service or services were included. Estimates for these add-on services or products are typically provided well in advance of the authorization and follow through of these services with your approval granted before we proceed.
The costs for third party integration services (CRMs, ecommerce platforms, or similar services or products) are additional and will be billed according the cost by the corresponding supplier. Standout Arts may coordinate these services on your behalf, or you may opt to purchase these third party services on your own.
If your SLA includes website hosting, it will be prepaid and provided for up to 12 months (depending upon the launch date of your new website by Standout Arts). If your SLA is extended beyond our initial terms, we will provide an updated contract to continue to include the hosting services for your website (which may include an SSL Certificate and other important features related to your website's hosting). If your SLA is discontinued, you may continue to purchase your website's hosting for approximately $10-$75 per month (depending on your site's hosting needs) and will be billed directly by the hosting provider, each month.
Intellectual Property: Please note that we are not responsible for copyright infringement (and any related legal action against you or your organization) for any materials supplied to us for the development of your project. As designers and developers, we assume that our clients have the legal right to use materials provided to us for the purpose of their marketing. Please note that this applies to copy, artwork, photos, claims, offers, etc.
Content/Claims: We are not responsible for offers or claims made by our clients for the purposes of advertising or marketing. Any legal repercussions associated with content, claims, offers, contests, promotions or other forms of marketing provided to us are the sole responsibility of the client. All verbiage, content, and imagery of all kinds used in any form of advertising (including on and offline advertising) is the sole responsibility of the client and we are not responsible for such content.
The nature of our industry requires access to items such as passwords, login credentials, usernames, account numbers and, on occasion (such as assistance with the setup of ecommerce websites), credit card or bank information, as well as other personal information as needed for the setup, management and facilitation of your projects which may include social media, websites and other forms of digital or offline marketing. We take every reasonable precaution to protect all of your information, including any files that you provide to us and any sensitive information that you share with us to use on your behalf. You agree to hold harmless, Standout Arts and all of its associations, employees, vendors, consultants and contractors, in the event that your data is compromised in any way. Standout Arts and its employees and associates cannot be responsible for the overall security of the internet. You acknowledge that communication with our company often happens via email, text message and other such channels and that you assume all associated risks for conducting business, sharing information, communicating and transferring files and data through these means and that Standout Arts is not responsible to any compromises in the security of your data as a result of your communication of this information to us through any means.
We often require the submission of files (JPGs, ZIP, PDF, PNG, PSD, EPS, AI and other such files associated with websites and graphic design projects) both to and from you, as our client. Please be advised that viruses that can harm your computer and other devices can be contained within these files without your knowledge. Please understand that Standout Arts uses state of the art virus-scan protection and multiple-layer protections on all of our equipment, however, we are not responsible for the corruption of files that we send or receive, including any malware or similar issues contained in such files, or any damage to your computer or device that may result from any issue with said file. Similarly, we ask that you take every precaution to ensure that the files that you send to us have been properly scanned by your own, internal antivirus applications to help protect our computers and devices as well as your own and others with whom you do business.
Websites often experience downtime beyond anyone's control. You understand that Standout Arts is not responsible for downtime or other issues related to your website's hosting provider, domain registrar, DNS management, e-commerce platforms or any other third party providers/services integrated into your website. Standout Arts is a design firm and not a technology company.
You understand that internet outages or connectivity issues may happen at any time and, as a result, may delay our projects beyond our control.
You acknowledge that Standout Arts does not provide technical support for general Information Technology (IT)-related issues. For example, we do not service or repair computers, tablets, printers, or other devices. We do not support smartphones or any other computer or portable devices. Similarly, we do not setup or facilitate servers or email mailboxes. We can assist you in securing your @domain email addresses in association with your website, but we do not handle the actual storage or maintenance or management of your email. For IT Support, we recommend Advanced Computer Solutions in Fishersville, Virginia.
You understand that Standout Arts may incorporate a website contact form into your website. The functionality of this form is dependent upon factors beyond our control such as compatibility with your website's hosting provider and your own, internal systems that allow or block emails as they come in from a website. Some anti-spam filters can affect the delivery of your emails that are sent to you through your website's contact forms. Standout Arts is not responsible for the successful delivery of your website's contact form messages. We encourage you to check the functionality of your website's forms regularly by sending a test message from the site to verify that the messages are successfully delivered to you. If you determine that your messages are not coming through to you as expected, we invite you to contact us for troubleshooting where we can provide you with options for using a form that may be more compatible with your internal systems or website hosting provider.
Standout Arts is not responsible for lost or deleted email messages, including those that originated from any website contact form that we may have set up for you within your website's structure. There are paid services available that can backup form-generated emails on an external service so that they can be retrieved in the event that you lose or delete messages. If you are interested in these options, please contact us for information.
You understand that Standout Arts may include our backup/testing email address with your website's contact forms for the purposes of testing your email contact form's (website form) functionality only. We are NOT reading your emails or otherwise compromising your privacy, but we often need to include our own email address(es) as recipient addresses in your website's contact form as a way to test the form's functionality during setup and development. On occasion, we may forget to delete our address from the form's recipient list. If you wish to ensure that our address is removed from your form's contact recipient list, please let us know. We recommend that you allow a minimum of 15 days after your website's launch to ensure that your forms are indeed functioning before requesting that we remove our testing email account in the event that we need to re-test or rework the form in any way that would again require our testing purposes. You understand that Standout Arts is not attempting to read or otherwise be involved with the emails that you receive through your website's contact form(s) and that we are merely trying to ensure that we have access to test your form's functioning and performance.
Standout Arts is not responsible for lost passwords or the inability to access your accounts, including those with third parties such as domain registrars, website hosting providers, email providers, etc. For any service that we setup, we supply you with all login information. It is your responsibility to safeguard this information. While we will strive to do our best to locate and re-send any information in the event that you misplace this data, we cannot guarantee perpetual records with this information will be managed or housed by us.
Standout Arts provides retained accounts with access to a Client Portal. This service is not managed by Standout Arts and may be terminated at any time. You acknowledge that the Client Portal and all of its benefits is a value-added service of Standout Arts and that you remain responsible for storing and backing up your design files, proofs, email communications, login information and other files and data that relate to your projects with us.
Standout Arts reserves the right to withhold native files or press-ready files in the event of nonpayment for the design or development or previous printing services of these projects.
Standout Arts uses Zoho Invoice and Zoho Subscriptions and is not responsible for issues related to downtime associated with these third party service providers.
FOR WEBSITES: While we work to design and develop successful websites for our clients, we cannot guarantee search placement (ranking) or any specific status of your website online within the search results or other forms of measurable, tangible evidence of website success. A great website is one that has great content. We will assist you heavily in this capacity. Websites that perform at the top of the search results are those with a comprehensive digital marketing strategy behind them - this may include paid SEO services on an ongoing basis.
FOR SOCIAL MEDIA: All forms of digital marketing, including social media and email marketing and websites, require interaction with your customers, clients and the public, in general. Standout Arts is not responsible for negative comments, negative reviews, or any negative feedback that relates to your marketing in any capacity. This may include comments posted on social media, left on your website, left on review platforms, sent to you or others by email or direct messaging, phone, mail, or in-person. The nature of the internet requires communication and the nature of marketing requires outreach. The pairing of these two may occasionally result in negative feedback or reviews. We will partner with you to assist with Public Relations (PR) of any kind, but you agree to hold harmless, Standout Arts and all of its employees, associates, consultants and vendors, for any issues that relate to your business as a result of any comments or feedback that you receive or that is published or posted or shared or commented in any capacity about you, your business, your organizations, employees or associations of any kind.
MARKETING IS NOT EQUAL TO SALES: You agree that you understand that "Marketing" is the process of developing a recognizable, professional brand for you, your business or organization and the consistent and intelligent presentation of your brand with your targeted audience for the purposes of growing awareness, increasing recognition, increasing traffic (online or offline), with the purpose of growing and improving your business based on your specific goals for your marketing. As such, you agree that you understand that "Sales" is the act of acquiring and following through with a transaction between you and your customers and that the successful, completed sale of any kind is reliant on factors beyond the control of any marketing firm, marketing manager, marketing assistant or organization. Factors related to "sales" may include supply/demand, competition, economic market, pricing, quality of product or service, public opinion, quality of staff and business structure, and a host of other factors well outside the confines of any marketing firm. As a marketing company, Standout Arts works to grow awareness, drive traffic, improve recognizability, increase brand consistency, provide customers with more means to reach you, provide and deliver content and messages that garner attention and prompt interactions from your customers, but we cannot guarantee "sales".
WEBSITES are reliant on functionality as related to compatibility with website browsers and end-user devices. Standout Arts works to provide mobile-friendly, mobile-optimized, responsive websites that work across most common, modern browsers and internet devices such as desktops, laptops, tablets and smartphones. In working with Standout Arts for your website, you understand that we are not responsible to changes in technology beyond our control that may affect the functionality of your website with or without warning. You also understand that your website may not perform at its optimum state on every device on every browser under every condition. Older browsers, devices, and computers as well as sluggish connectivity to the internet may affect the performance of your website on devices that operate under these situations. Code may suddenly become incompatible with a new release of a browser or device or there may be other new releases or changes in technology that affect the performance of your website on all or some devices, over time. You agree that your website can and should be updated or reworked regularly to maintain optimal compatibility between your website and the current technology and recognize that if you choose to forgo ongoing updates or overhauls to your website's programming or other components that, your website may become outdated through technology and may not function at its best or in proper comparison to newer websites that work in better compatibility with the current technology.
SCAMS: Unfortunately, digital marketing is a hotspot for scams. Owning or maintaining or associating your name with a website or other forms of digital/online marketing may expose you to solicitations from outside parties, including scam operations. Please do not open emails from suspicious contacts or click on any links of any kind that are sent to you from someone that you do not know or recognize or respond to any phone call or written letter that claims to relate to your website, email, or online products, services or presentation without checking with your internal IT staff or a trusted IT consultant. You understand that solicitations, spam emails, and messages from potential scam operators may be an unfortunate aspect of your online exposure and that Standout Arts is not responsible for these societal conditions that are well beyond our control. We encourage our clients to take proper measures to protect their identity and sensitive information and to use caution whenever contacted by anyone who is unfamiliar, but we cannot advise on all matters related to scams or email spam and recommend that you maintain a close relationship with your IT department or IT consultants on these matters.
WEBSITE HOSTING can come with issues that compromise the security of your website and its files. The protection of your files (against deletion, malware or downtime) is the sole responsibility of your website host provider. Standout Arts often partners with Webflow hosting, GoDaddy hosting, Advanced Computer Solutions hosting, or the host provider of our clients' choices. While we partner with these providers to complete and maintain your website, you agree that you understand that Standout Arts is not responsible for the performance or protection of your data as managed by that third party hosting service.
WEBSITES can also become stagnant with its content, when not updated regularly. You agree that you understand that you are responsible for the content of your website. Failure to notify us and request an update, or failure to make the update in-house, to your website's content may result in outdated content over time. Standout Arts is not responsible for errors or omissions on your website or any other form of your marketing projects with us, including social media or traditional advertising such as print or broadcast advertising.
Websites are often subject to evolving compliance issues. These scenarios may be related to ADA compliance, GDPR compliance, PCI Compliance for ecommerce or other governmentally-imposed aspects of compliance. You agree that you understand that Standout Arts, its contractors, assistants, web developers and employees are not responsible for website compliance issues that are beyond our control. You agree to hold harmless, Standout Arts and all of its associates, vendors and contractors for any issues, including potential legal issues, related to your website's compliance concerns or content. Standout Arts strives to keep abreast of announcements related to compliance issues related to websites and will make every reasonable effort to notify you of any news or regulations that relate to your website, but it is ultimately your responsibility to take ownership of your website and all of its content and keep informed as to the requirements related to the information that you present and the way that it's presented on the World Wide Web. As such, Standout Arts is not responsible for compliance or similar/related issues as they relate or may relate to your website.
For all projects, depending on your Service Level Agreement (SLA), we strive to be as proactive as possible; however, we depend on our clients for the provisions of content that may include updates to marketing materials, updates to website or digital advertising, updates or changes in marketing goals, ideas, strategies, campaigns and other intangible aspects that may be related to your marketing and advertising. You agree that you will regularly communicate with Standout Arts on your marketing needs and goals, provide information to us, whenever possible, as requested by us for the completion or initiation of your projects and that the failure to provide such content, communication, or requests for services may result in the lack of realization of the full value that would have otherwise been available to you as part of our services. Specifically, we rely on our clients to make project requests to us, whenever and however needed. While we will be aware of some projects, we cannot always be aware of all of your needs and, as such, request that you routinely reach out to us to make your project requests, pose questions and maintain an active role in your marketing efforts. As such, we are not responsible for the omission of projects that may have complemented your overall marketing goals if we are not aware of your desire for such projects.
Effective communication is needed to help all projects start and complete in an as efficient manner as possible. You understand that providing incomplete, inaccurate, or otherwise limited content to us on any project will result increased production time through revisions, which may result in increase costs for these projects. Making multiple requests for revisions, sending multiple requests for add-ins or other types of changes to your project is less efficient than sending one request with all accurate information from the start. If we spot an omission in the content that you provide, we will strive to request the completed information from you. If you spot an omission in the content that you provide, you are encouraged to re-send the information or otherwise contact us with the addition, but you understand that these multiple requests for revisions or add-ins or changes of any kind will affect turnaround time as well as cost.
You agree to pay for services upfront, whenever requested and by the date on your invoice for any other services. Deposits of any kind are non-refundable, though credits may be available in certain situations.
In the event that your project is terminated by us due to our inability to complete your project (i.e. due to an unforeseen emergency), you will be refunded any prepayments that have made that do not commiserate with work performed.
Your payment, in full, of our services and work performed constitutes your ownership of the work. You understand that lack of payment, in full, for our work and services maintains ownership of the files under our possession.
You agree that you understand that Standout Arts reserves the right to show or otherwise display our work for the purposes of our portfolio. If you do not wish for your projects to be included in our portfolio, please notify us in writing to that effect.
You agree that you understand that photographers often require a photo release for the use of their work for commercial purposes. We can assist you in securing such a release but it is your responsibility, as the client, to ensure that you have permission to use such works within your marketing and advertising projects.
FOR WEBSITES: Our goal is to work efficiently and effectively to get your new website up and "live" as quickly as possible - without compromising quality. Because your approval of our work and your participation within the project will be necessary from time to time, we will remain in active communication with you throughout the duration of the website project. Should the project become dormant (due to a lapse in communication/provisions of essential content, etc), without progress for more than 90 days, please note that a project reinstatement fee of up to 20% of the total project cost may be added. Additionally, a hosting/file storage fee of $50/month for each month that the project remains dormant will be applied to projects that become client-side dormant for more than 90 days. For retained accounts that include services beyond a standalone website project, these fees may be waived/non-applicable.
TURNAROUND TIME: We strive to complete most smaller projects within 2-4 business days. Larger projects are completed as efficiently as possible, based on the scope of the project as well as our ability to collect content, information and approvals from you, as the client.
The proposals that you've received have been custom-developed for you and are intended for you use only. Proposals may not be shared with third parties.
AVAILABILITY: You agree that you understand that Standout Arts is a small business with limited staff. We work very hard to be available to all of our clients during normal business hours and ensure that our clients' project schedules are well-maintained with deadlines met, even deadlines that we impose upon ourselves to ensure that our project priorities are well-managed. You understand that, as such, we may not be available for "on-call" services. This relates to requests by email, phone, or in-person. We schedule appointments, including phone consultations, in advance as much as possible. We provide our 24/7 live answering service as a means for clients to phone us at any time. We may also provide you with individual team member cell phone numbers which can be used for additional communication; however, we cannot provide 24/7 services or be available by phone, email, or other means at any hour and cannot cease work on projects that are currently under development to accommodate unscheduled requests for services, including unscheduled phone calls, unless it is a project emergency with you, as an existing client in goodstanding. Our 24/7 answering service will ask if your project is urgent. If so, we will receive notification immediately and will do everything in our power to get back to you as quickly as possible and provide prompt, efficient services to best assist you. However, you agree that you understand that we work with many clients and are involved in many projects and must provide services on a first-come, first-serve basis in many situations. If you maintain an ongoing, monthly Service Level Agreement with us, priority services may be available to you as a retained client. If you are not a retained client, we encourage you to consider this option for prioritized services as well as additional value-added services that we can provide to you.
You agree that you understand that Standout Arts and its employees and vendors recognize all major US holidays and maintain individual vacation schedules up to four weeks per year, per team member. Additional time off for our team members may also be required from time to time. For any extended time of unavailability we provide ample notice (usually by more than 30 days in advance) whenever possible. As such, you agree that you understand that failure to provide requests for services, content needed for the completion of new or in-progress project prior to any time off for our team members or company-wide time off, may result in missed deadlines. Our goal is to avoid this situation by ensuring that all projects are completed or on track for completion prior to any time of prolonged (more than 3 business days) unavailability; however, the success of this goal is dependent on you, as the client, and your cooperation with providing requests in advance of such times and you understand that Standout Arts is not responsible for projects that are incomplete or that result in a missed deadline of any kind if we were not provided with ample notice of the projects or all of the necessary files and content prior to our time of unavailability.
Consultation/Support is considered any form of access to our team where information, research, file resubmission, troubleshooting, advice, guidance, clarification, requests for content, or other such communication is handled related to your projects with Standout Arts. These services are provided via email, by phone, or through in-person or via video conferencing meetings. Access to our team for consultation is available by email to all of our clients, alongside our 24/7 messaging service which is available to all clients. An initial consultation is provided AT NO CHARGE to new clients. For consultation of any kind, beyond the initial consultation, phone or meeting consultation is available to current clients only and available at the Service Level Agreement to which you have authorized. For all clients, phone consultation or meetings (in-person or via video, based on location), may be added. Retained clients receive discounted rates for add-on consultation services.
Certain considerations in pricing may be available to non-profits and small businesses. Please contact us for a custom proposal specific to your situation, goals, and needs.
Lack of payment, or consistently overdue invoices will be subject to late fees/penalties. Please see invoice for details.
Lack of payment on website-related projects may result in downtime of your website (hosting termination and/or unpublishing the site).
Lack of payment will also negate any discounted hourly rates that had been previously locked in.
You understand that if the use of a third party collection service is needed to collect payment, you are responsible for all fees associated with such a service.
Lack of payment will result in a ceasing of consultation in addition to project work. Consultation may include discussions related to your bill or account with us. Detailed, itemized, and dated information related to your bill/account can be accessed by you, without our assistance, 24/7, through the Client Portal if your Service Level Agreement with us provides access to the Client Portal. If you do not have an SLA with us that offers this service, you will receive invoices via email which can be saved and viewed at any time, on or offline. If your account becomes delinquent for any reason, you understand that consultation of any kind, including assistance with your unpaid invoices may be handled by assistants, consultants, or third party collection services hired by Standout Arts to assist in this bookkeeping matter. These matters are not marketing-related or creative and, as such, are not appropriately handled through consultation by our creative team.
You agree that you understand that Standout Arts is a team of marketing, website, and graphic design professionals and is not maintained by any one, sole individual. As such, you understand that while you may initially work with the owner or Creative Director of Standout Arts on your projects or setup of your account with us, that you may later work with account managers, assistants, web developers, art directors, photographers, consultants or other individuals or teams as assigned by, managed by, and provided by Standout Arts and you may not have ongoing, direct access to the owner of the company or the original account manager with whom you initially worked.
You agree that you understand that all terms related to your agreement, of any kind, with Standout Arts applies to all Standout Arts projects and team members.
You agree that you understand that an email or phone call with a request for service is treated as a WORK ORDER, and as such is a commitment between you as the client and Standout Arts as the service provider to create and otherwise prepare and complete the project as specified in your communication to us, including email or projects discussed by phone or other means and that you are responsible for the payment of such services to the degree within your Service Level Agreement with us and that if you do not have a retained SLA with us, that you may be billed by the hour at our current hourly rate for the requested project as well as all accompanying revisions that were requested by you.
Lack of payment may result in revoked access to any native or project files associated with the work that we have performed.
Reinstatement of these files may necessitate a reinstatement fee.
Checks returned for any reason will require a $25 fee.
You understand that if we consult with our attorneys for assistance in any issue related to COLLECTIONS on your account for any past due balances that you may be held responsible for any fees imposed by such legal assistance.
Our standard, commercial hourly rate is $125 per hour (effective Dec. 2018).
Our business hours are Monday through Friday from 9 AM - 5 PM EST. Projects are typically initiated by email.
We are best-reached and most readily available when contacted during normal business hours via email: email@example.com.
Rush fees may apply to any service or project needed within 24-48 hours. Most website updates are completed promptly, typically same-day; however we cannot guarantee same-day service. Same-day service, even with an approved rush rate, is subject to availability.
There may be other terms specific to your projects or agreements with us. Please see your proposal, if applicable, for details on any other terms that you need to understand that relate to your specific projects or agreements with us; or contact us for more information.
You understand that the terms as outlined here negate any previous terms and that your continued partnership with Standout Arts is determined by the current terms and conditions as stated in this section.
Refunds or exchanges are not possible except under very rare situations. In the event that you are dissatisfied with our work in any way, we guarantee that we will do everything within reason to correct any issues. In the event that you remain dissatisfied, you may be eligible to receive a CREDIT for future/additional services by Standout Arts. Any such issue needs to be addressed as soon as possible. In the event that any credits, discounts, or other make-good services have been applied, you may NOT continue to use the project(s) in question without payment in full.
For printed items, you understand that refunds or exchanges are not possible, except in rare circumstances where the fault is on the end of the press, noting that you are expected to carefully review all proofs. Your approval of proofs for printing means that we initiate the order with the printer immediately. Projects sent to the press cannot be stopped, unless under rare situations. You understand that we are not responsible for errors on printed pieces that were a part of your approved proof(s).
We strive to always live up to our reputation of excellence. If you have any questions about our services, canceling services, adding services, or to view samples of our work, receive references, etc., please contact us. We appreciate our clients and work very hard to serve them well.