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Terms of Service

Updated 10.27.22

Our Role: 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.  To this end, 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. Additionally, in choosing to work with Standout Arts, we ask that you acknowledge and accept that we have our specific methodologies, applications, tools, and expertise that we apply to every project and that we are often unable to change the core methods and tools by which we do business in an effort to accommodate a specific request or to complete projects using someone else's preferred approach. While we love to work collaboratively with our clients and welcome all suggestions and ideas as they relate to marketing tools, platforms, software, hardware and equipment, we ask that you acknowledge and accept that these specific aspects of your projects' development - to the extent to which they will be used by us and our team - are at our sole discretion. In turn, we acknowledge and accept your input on tactics, approaches, and strategies and will do our best to offer creative solutions for your marketing projects that provide for a synergistic approach that incorporates both your input and preferences and our expertise and experience to help deliver the best results possible.

Representatives: 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.

Marketing vs. 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".

Communication: 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 in increased production time through revisions, which may result in increased 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.

Work Orders: You agree that you understand and accept that it's our policy 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 (SLA) 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.

Payment Structure:
 Deposits for certain projects or services may be required.  Monthly payments are due by the date posted on the invoice. Requests for any service, including, but not limited to: Requests for consultation, research, project discussions, brainstorming, recommendations, marketing, design, website, social media, project assistance, file formatting, graphic design, website support, and troubleshooting via email, phone, or meeting (virtual or in-person), are considered “Work Orders” and will be billed based on your current Service Level Agreement (SLA) with Standout Arts. If you do not have an active Service Level Agreement with us (or if your requests fall outside of the scope of the current agreement), we will bill at our current hourly rate with a $50 minimum. 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, virtual or in-person). You also acknowledge and accept that drive time or other expenses associated with in-person meetings may be billable under the terms of your current SLA or at our hourly rate. Payment processing fees may apply, including fees associated with invoices that require repeated reminders.  Payment is due by the terms as noted on each invoice. Upfront Payment: For some projects and specific SLAs, it may be necessary for us to bill upfront. In some situations, we offer a discount for upfront payment. Within these scenarios, 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.

Non-Payment (Overdue Invoices): Lack of payment, or consistently overdue invoices will be subject to late fees/penalties. Please see invoice for details.

Non-Payment (Website Services): Lack of payment on website-related projects may result in downtime of your website (hosting termination and/or unpublishing the site).Non-Payment (Changes in Terms): Lack of payment will also negate any discounted hourly rates that had been previously locked in.

Non-Payment (Collections): 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.

Non-Payment (Consulting): 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.

Non-Payment (File Revoke): 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.

Returned Checks: Checks returned for any reason will require a $35 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.

Refunds for Services: 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.

Refunds/Returns for Printed Items: 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).

Service Level Agreement (SLA): 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.

Revisions: 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. For our retained accounts, if revisions exceed your allotted number of service hours each month, or those included within the package price as quoted in proposals, we will bill at our current hourly rate with a $50 minimum.

Excess Requests: 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 instructions for projects are necessary for the successful completion of every project.  If requests for assistance exceed the scope of your current SLA, or if you do not have an active SLA with Standout Arts at the time of your request, we will bill at our current hourly rate with a $50 minimum per add-on request.

Scheduling & Additional Communication: In order to ensure that we are best equipped to meet all project deadlines for all clients, we must work within our in-house established schedule. 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, excess project discussions, recommendations, brainstorming, and similar communication.  Any added charge for such services will be based on our current hourly rate with a $50 minimum. Email is the best way to reach us and we welcome your emails at any time. Discussions with our team members via phone or meeting (in-person or virtual) must be scheduled, in advance. Typically, a minimum of 3 business days are required to secure a scheduled session via phone or meeting (virtual or in-person). If you have an urgent issue and need to request a rush service, we invite you to submit your requests via email and call our 24/7 live answering service via phone. (We provide our 24/7 live/human answering service phone number to established clients.)

Contacting Standout Arts: We are best-reached and most readily available when contacted during normal business hours via email: Our business hours are Monday through Friday from 9 AM - 5 PM EST.  Projects are typically initiated by email.

Holidays: 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 projects 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 unavailability (more than 10 business days); 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.

Turnaround: We strive to complete most smaller projects within 3-6 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. Our retained accounts always receive prioritized project scheduling.

Rush Projects: 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.

Support: 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 also available to all clients.  An initial consultation is provided AT NO CHARGE to new clients. For consultation of any kind, beyond the initial consultation, one or more phone meetings or virtual or in-person meetings are available to current clients only. The amount of such meetings (or phone calls) are based on your current SLA. If you do not have an active SLA with Standout Arts, requests for phone discussions or virtual or in-person meetings are billable services and will be billed at our current hourly rate with a $50 minimum. For all clients, phone consultation or meetings (in-person or via video, based on location and other variables) are by appointment only and must be scheduled in advance. In the event that there is a project emergency and you need immediate assistance, current clients may call our 24/7 live answering service to leave a detailed message and request a rush service. Rush services can also be requested by email (preferred method of communication). Please note that rush rates apply and are billed based on your current SLA. If you do not have an active SLA with Standout Arts, we will strive to accommodate your request on a first-come, first-serve basis with all applicable rush rates applied.

Proposals: You understand that prices listed in proposals are estimates only.  Adding additional services or opting to include third-party services may result in changes in the pricing as originally quoted. Additionally, you understand that our proposals may have additional terms of service that specifically relate to your project and that your acceptance of the proposal is also your acceptance of the terms and conditions that it may contain, in addition to our overall terms of service on this page. Proposal Privacy: The proposals that you've received have been custom-developed for you and are intended for your use only.  Proposals may not be shared with third parties.  Costs noted within proposals are estimations only.  Your actual project(s) costs may differ from the estimates quoted within your proposal.  In the event that we foresee a substantial change in costs, we will notify you in advance, and request your approval before proceeding, whenever possible.  You agree that you understand that any requests that you make to us for services of any kind may incur costs associated with our work.  If your requests fall within the scope of a project outlined within a proposal or within the limitations of your retained, monthly agreement with Standout Arts, these services may not incur additional fees; however, depending on the nature of your specific requests, including, but not limited to, fees from outside, third parties, we cannot guarantee that your requests for added or specific services may not incur additional fees.  Should you have questions regarding the fees that may be associated with your requests, please inquire, IN ADVANCE or alongside your requests for the services, in order to receive an updated estimate related to your requests.

Third-Party Costs: The costs of printing, additional ad campaigns or paid advertising services that are not included within your package or active SLA will be billed individually. We will detail the added service within the invoice of the billing period for which the add-on services were included.  Estimates for these add-on services or products are typically provided 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 are additional and will be billed according to 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.

Intellectual Property:  Standout Arts is 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, testimonials, photos, graphics, icons, fonts, colors, names/titles, taglines, sound effects, music, etc. In partnering with Standout Arts, you agree to hold Standout Arts harmless in the event of any copyright or intellectual claim against you, your campaign, content, social media, website, or other form of marketing. Because our clients have final approval and/or the right to request a change to any material created on or offline by our team, our clients assume the full responsibility of the messaging and audio and visual components to their marketing. That said, Standout Arts is a professional marketing firm that engages in ethical practices for all of our projects. We use licensed photography, paid software, licensed applications, seek permission to use outside content whenever possible/feasible, credit photos whenever applicable, cite sources, etc. We are not, however, legal professionals and we do not assume liability for any issue related to copyright or trademark infringement, or unlawful use of intellectual property. While we use our best judgment and professional due diligence on every project with which we're associated, we are not able to explore every avenue for potential conflict with intellectual property for every project. We advise our clients to seek the advice of legal professionals, preferably those who specialize in intellectual property law, to ensure that all publicized work meets within the current legal guidelines for your industry and your specific project(s). As the advertiser, you are responsible for all content, messaging, visual, audio, artwork, copy, branding and style elements that you choose to use or approve for use (to include assumed approval if change requests are not provided to our team). Again, you can count on us to do everything in our power to ensure that your marketing and advertising projects (on and offline) are well within all of the aspects of best practices, but we want to be clear in letting you know that your partnership with us - at any level - assumes that you acknowledge and accept that you take responsibility for the content of your marketing and all associated components.

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) are the sole responsibility of the client and we are not responsible for such content.

Sensitive Data: 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.

Digital Health: 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.

Connectivity & Productivity: You understand that internet outages or connectivity issues may happen at any time and, as a result, may delay our projects beyond our control.

IT Services: 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.  While we may be able to assist you in securing your @domain email addresses in association with your website, 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.

Electronic Data Storage: 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.

Passwords: 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.

Client Portal/Project Management Software: Standout Arts provides retained accounts with access to a Client Portal or Project Management Software (such as Basecamp).  This service is not managed by Standout Arts and may be terminated at any time.  You acknowledge that the Client Portal/Project Management application 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.

Native/Working Files: Standout Arts reserves the right to withhold native files or press-ready files in the event of nonpayment for the design, development, or previous printing services of these projects.

Accounts Receivables (online): Standout Arts uses Zoho Invoice and Zoho Subscriptions and is not responsible for issues related to downtime associated with these third party service providers.

Dormant Projects: 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.

Termination by Standout Arts: While we hope that this is never the case, 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 will keep the files under our possession until payment is made in full. In the event that our partnership is terminated by us due to any other reason (i.e. a determination that our services and methodologies are no longer an appropriate fit for your goals, needs, preferences, budget, project volume, or style of communication or project management), we will notify you as early as possible and provide a minimum of 30 days' notice. We will also provide access to your files and other materials created by our team for a minimum of 30 days from the date of notice and will assist you, if desired, in finding another marketing, website, or design partner who may be better suited for your needs.

Cease of Services:  You understand that non-payment or chronically late payments may result in a pause of services or refusal of future services of any kind, at any time.  Our typical policy is to halt all services and disable any unpaid services (including any published work such as a website) if more than 2 invoices remain unpaid, in full; or in the event that 3 or more invoices are paid late by more than 5 days, within the course of 12 months or less.  However, we reserve the right to alter this standard practice and cease or discontinue our services, for any length of time, at our sole discretion in the event of non-payment.

Right of Refusal: Standout Arts reserves the right to refuse services that would compromise the integrity of our morals or integrity.  As such, we reserve the right to refuse to assist, in any capacity, with any services that relate to or allude to gambling websites, adult websites, illegal contests or promotions (including illegal lotteries), marketing or digital products that imply hate or discrimination of any kind.  All projects that include our work, in any capacity, are started or completed at our sole discretion.  You understand that requests for our work on projects that may undermine these standards may be refused at any time; and in the event that the project was started before the final means of application was revealed to us, that we may discontinue our services upon learning of the intended purposes of the work and that you remain liable for payment, in full, for any services that were performed to that point. Additionally, Standout Arts and its associates will not produce content or provide our services for the promotion of products, services, or events that relate to adult or adult-themed content of any kind. This includes, but is not limited to, any event or promotion or product that may, in any way, exploit any individual or group. We reserve the right to refuse projects that promote, encourage, or foster any form of discrimination towards or preferences of one group or community over another based on race, sex, religion, political affiliation, beliefs, or any similar attribute. Standout Arts will not produce or promote any adult-themed content or promote adult-themed events that are targeted to children, even if the primary audience is 18+ even if the theme to the extent to which it may be adult-oriented is subjective. Any type of overt or subtle sexual theme or messaging, of any kind, will not be serviceable by Standout Arts. Content creation, promotion, development, or marketing of any type of illegal activity or products of any kind will not be serviceable by Standout Arts. Any type of obviously or intentionally controversial content, brands, products, events, or services will not be serviceable by Standout Arts. Any type of product, service, event, or activity that promotes violence or the threat of violence will not be serviceable by Standout Arts. While we cannot predict the nature or theme of every type of project that could come our way, we want to make it clear that we reserve the right to refuse any project for any reason, at our discretion wherever tolerated by law.

Rates: You understand that our rates and policies and terms and conditions may change at any time.  Your continued work with Standout Arts assumes that you comply with all current policies, rates and terms and conditions of all kinds.  You acknowledge that you fully understand that it is your responsibility to review our current terms and conditions, inquire about rate changes or other policy changes, in advance of requesting our services or that you agree to all current terms and conditions, current rates and policies, in full and without question in the event that you continue to utilize our services/make new requests of projects or revisions to previously completed projects.  Your requests for services of any kind implies that you have read, understood, and agree with all terms, conditions, policies, and rates - even if those elements have changed or been modified since you last engaged our services.  All current terms and conditions are clearly posted on our website and are available for your viewing 24/7.  You acknowledge that it is your responsibility to review, understand and accept these terms and conditions, without limitation, prior to making a request for our services in any way.  If you have questions regarding our rates, policies, or terms and conditions, including any changes or updates that may have been made, we welcome your inquiries.  Failure to make such inquiries assumes that you have accepted our terms, rates, and policies, in full. Hourly Rates: Our standard, commercial hourly rate is $150.00 per hour (effective January 1, 2023) with a $50.00 minimum per project/request of any kind (to include consultation or research or similar services performed via phone, email, meeting, etc.).

Portfolio: 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.

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.Non-Payment (Overdue Invoices): Lack of payment, or consistently overdue invoices will be subject to late fees/penalties. Please see invoice for details.

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.

Search Engine Optimization (SEO):
 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.

Performance: Websites are reliant on functionality as related to compatibility with web browsers and end-user devices.  We work to provide mobile-friendly, mobile-optimized, responsive websites that cater to common, modern browsers and internet-ready devices.  In partnering with us for your website project, you understand that we are not responsible to changes in technology 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.  Users of your new website who continue to use older or end-of-life browsers including, but not limited to Internet Explorer, may experience subpar performance with your website.  Additionally, antiquated devices and operating systems, atypical end-user settings, as well as sluggish connectivity to the internet, may affect the optimal performance of your website.  You acknowledge that these user-controlled scenarios and inevitable changes in technology are beyond our control and accept that we are developing your website to best accommodate the widest audiences using current technology and common user behaviors as they relate to today’s internet.  As such, you accept that we are not responsible for the performance of your website when used on older devices, browsers, or atypical conditions or end-user settings.  You also recognize that website code may become incompatible with future technology that cannot be foreseen at the time of your website's development.  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 not function at its best or in proper comparison to newer websites that work within better compatibility with the current technology.

Content: 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.

Hosting & Security: 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.

Website Form Data Receipt & Storage: 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.  We may maintain the addition of our address to historically determine when or if form email delivery fails.  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.

Advanced DNS Support: Upon the launch of your new website by Standout Arts, we will need access to your Domain Name Server (DNS) settings if you already have a registered domain (web address). For this reason, we will require access to your domain(s)' registrar in order to successfully launch your new website. In most situations, this is a simple process. However, if you have lost access to your domain, cannot login to your account with your domain registrar, or have registered your domain with a registrar that does not allow simple access to your DNS settings, advanced troubleshooting may be required. In the event that advanced DNS assistance (of any kind) is needed, it may be necessary to bill for additional time. Please refer to your website project proposal for details. If additional charges apply, we will bill under the terms of the proposal that we provided to you for your project, or at our current hourly rate with a $50 minimum.

Website Downtime: 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.

Third-Party Costs for Websites: The costs for incorporating third-party add-in services (CRMs, CMS platforms, ecommerce, or similar services or products) may result in additional service hours by Standout Arts and/or additional service fees by Standout Arts in conjunction with the setup and integration and configurations of these services.  If your proposal included estimates for these services, we will honor your proposal to the limits therein; however, if these add-on components to your website project were not originally covered within the scope of the project as outlined within your proposal, you understand that we reserve the right to bill for our time in adding in these features/integrations.

Hosting Basics: 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 at the hosting level that is appropriate for your goals. We will provide current website hosting estimates with every website project proposal.

Ownership & In-House Editing: With payment in full, you own your website. While we will maintain your site within our account in order to assist/troubleshoot or update the site for you in the future, we will also provide you with access to the website's easy-to-use Editor where you can access the site's content to make general updates throughout your site. Typical in-house updates include changing text throughout the site, swapping photos, adding content (blogs, videos, etc.). For each new website project, we'll provide details as to what options are available based on the package/type of website you choose and the current technology. In accepting the role as a collaborator or editor on your website, you acknowledge that Standout Arts is not responsible for any potential problematic issues that affect the content, formatting, performance, design, or other elements of your website, as a result in-house use of the Editor or Content Management System (CMS). If the website is negatively affected through the actions of an internal user/editor (client side), work to repair or readjust or correct any such issues will be billed under the terms of your active SLA with Standout Arts or at our current hourly rate with a minimum of $50. Additionally, Standout Arts is not responsible for ongoing or new staff training on how to use the Editor to update and maintain your website. Additional training (beyond what is included under the project package as outlined within the proposal that we provided to you at the project's start, or any support or training or reworking of the website that is outside of the scope of your current SLA with Standout Arts) will be billed at our current hourly rate with a minimum of $50. If you wish to have full designer access to your website, as well as all native files associated with your website, Standout Arts will arrange for a project transfer to a designer account for you and your internal staff at no additional charge. However, please note that a reinstatement of any pre-existing website hosting may be required and may result in new/updated website hosting packages billed by your website's hosting provider. Also, if you request a transfer of your website project away from our account, you acknowledge and accept that Standout Arts will no longer be able to assist with, update, or troubleshoot your website once it is outside of our account. Any backups of the website's previous content or form data may be lost if the website project is transferred to a new account. The files associated with your website and its development platform may have limitations. Please review the proposal for your website's project that we provided at project kickoff for details about your website's programming language, code, compatibility, opportunities, advantages, and limitations...including those related to the CMS and CMS compatibilities, Editor, Hosting compatibilities, Security, and Design.

Ecommerce: We are happy to partner with you on an ecommerce website. Be sure to carefully review your website's project proposal for details related to ecommerce. Third party fees, including payment processing fees, as well as product limitations and other special considerations may apply to any ecommerce website. Your acceptance of our proposal for your ecommerce website assumes that you have read, understood, acknowledged and accepted any aspects of your ecommerce site that affect our role and responsibilities as well as any added fees associated with ecommerce websites.

Accessibility: We will recommend an accessibility tool as an add-on feature for your website. Depending on your goals, industry, and budget, we may recommend a paid accessibility tool through a third party integration. As with all third party integrations for websites, Standout Arts is not responsible for the performance, claims, limitations, or liabilities associated with those entities. There are important legal considerations related to website accessibility. While we do our best to adhere to current best practices to the best of our knowledge, we acknowledge that we are not privy to changes in the law or all updates to As such, we recommend that you consult with your trusted legal advisor for assistance and information related to accessibility and all legal aspects related to your website. You acknowledge and accept that Standout Arts is not responsible for accessibility-related issues or legal issues that are related to accessibility or any aspect of your website and that as the website owner, you assume responsibility for the accessibility features and content of your website.

Access: You agree to grant access to your social media and/or to allow Standout Arts to create social media channels/platforms on your behalf as these services best support your marketing goals. You understand that sharing sensitive login information with an outside firm may result in the need to verify the validity of the granted access and/or require re-setting passwords. In some cases, sharing your login credentials can result in a loss of access to your social media accounts. You agree that granting access to your social media channels carries a risk generally accepted as reasonable and that any negative consequence related to granting access to your social channels is not the responsibility of Standout Arts and its colleagues.

Comments: 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.  You agree to hold Standout Arts and all of its employees, associates, consultants and vendors harmless 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.

Social & Political Issues: You acknowledge and accept that it is the policy of Standout Arts and its associates to NOT engage in social or political issues on or offline. As such, Standout Arts and its individual team members and subcontractors may use sole discretion in creating, sharing, curating, or engaging with online content that could have subjective or overt social or political messages. Additionally, Standout Arts will not engage with social media users who post comments or share content that have social or political themes, are seemingly developed, shared, or posted with an intent to fuel combative communication, include any form of hate speech, promote or encourage violence of any kind, or are otherwise excessively negative in nature. Standout Arts, at its sole discretion, reserves the right to ignore, delete, or otherwise pause engagement with social media activity in any such event. Similarly, Standout Arts and its colleagues, team members, and subcontractors will use their sole discretion in social media content that may alienate audiences, show preferences to one group, race, religion, identity, or community over another and may choose to pause or terminate our involvement with any social media account where social or political issues are involved in any way, at the sole discretion of our team.

Intellectual Property: As noted above, social media content requires adherence to laws related to copyrighted content and content protected by intellectual property law. In working with Standout Arts for your social media marketing, you agree to hold our team and colleagues harmless in the event of any claims related to copyright or intellectual property infringement. As noted above, we are a professional team of social media marketers and use best practices to develop, create, and curate content for our clients' social media marketing. However, we cannot verify total permissions for every piece of content shared on your social channels. You agree that you are the owner of your social media (and other forms of digital marketing including, but not limited to, your website) and as such, you are responsible for the content that is posted/shared. If you are unsure about the content that we've created for you or shared on your behalf, you have the right, at any time, to request an edit or deletion of a post, ad, or any element of content associated with your brand/business/organization on or offline. Additionally, you have the right to request full administrative access to your social media channels (even if the accounts were created by our team). As such, you acknowledge that you have the right to the access that allows you to modify, delete, or otherwise edit or remove content posted on your social channels.

Limitations & Platform Changes: Social media platforms such as Facebook and Instagram are subject to a myriad of limitations. These limitations may include, but are not limited to, the inability to tag specific users or pages (other social media accounts), the inability to select specific thumbnail images, the inability to make certain hyperlinks accessible/clickable. While we use our best judgment and work to overcome the limitations of certain social media platforms, Standout Arts is not responsible for the limitations of these social media platforms or any third party software associated with social media reporting, post scheduling, ad creation, audience selection, etc. Similarly, social media platforms are known to regularly update their own terms of service, rearrange content, remove content, add or remove features. In partnering with Standout Arts on your social media projects, you acknowledge and accept that Standout Arts is not responsible for the limitations or changes that are associated with the social media channels themselves.

Paid Ads & Digital Advertising: We love partnering with our clients on their digital advertising campaigns. Please note that social media platforms regularly restructure how audiences can be targeted, the types of messages/keywords that can be included within the ads, as well as general advertising guidelines. Similarly, digital ads through the Google Display Network (GDN/geofencing ads) or Google Ads have parameters that change often. All of these changes are beyond our control. We will work to monitor the changes, provide recommendations, and adjust our advertising strategy to best meld your goals with any changes. However, you acknowledge and accept that Standout Arts is not responsible for the changes made to advertising policies associated with digital advertising platforms.

Google Ads, Bing! Ads, Google Analytics & Reporting: Standout Arts is thrilled to partner with Ducks In Rows (Megan Pritts) for expert digital marketing services, specializing in optimization for Google Ads. Please note that advanced reporting or performance tracking (through Google Ads or Google Analytics or similar services) in addition to digital advertising optimization with keyword bid strategies and other specialty services are outsourced by Standout Arts to our trusted partner with Ducks In Rows. As such, these types of services are considered "third party" services and are billed either as part of an inclusive SLA or as an add-on service. If fees associated with these services change, your rate may change. We will notify you, in advance, if rates are expected to change. Additionally, you acknowledge and accept that digital advertising comes with a multitude of limitations and ongoing changes. As such, Standout Arts is not responsible for the changes or limitations associated with these services. Standout Arts also does not set the rates or practices of our colleagues in this space. Instead, our outsourced partners with expertise in SEO, Digital Ad Optimization and similar services establish their own fee structure and internal policies. You agree to accept their terms of service in addition to the terms of service for Standout Arts and our core team of colleagues.

** All Terms Apply to Standout Arts and Its Employees: 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. **

Current Terms: 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.

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.

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