Terms & Conditions
As used herein and throughout this Agreement:
“Agreement” means the entire content of this Basic Terms & Conditions document, the Proposal and Estimate document(s), together with any exhibits, schedules or attachments hereto.
“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
“Deliverables” means the Services and work product specified in the Proposal or Estimate to be delivered by Designer to Client, in the form and media specified in the Proposal or Estimate.
“Designer Tools” means all design tools developed and/or utilized by Boomerang Marketing in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, application tools, comps, concepts, sketches, visual presentations, rejected designs, layered files, or other alternate or preliminary designs and documents developed by Boomerang Marketing, together with any other software, or other inventions whether or not patentable, and general noncopyrightable concepts such as Web site design, architecture, layout, navigational and functional elements.
“Final Art” means all creative content developed or created by Designer, or commissioned by Boomerang Marketing, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Designer’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
“Project” means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal or Estimate.
“Services” means all Services and the work product to be provided to Client by Boomerang Marketing as described and otherwise further defined in the Proposal.
“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Art and Deliverables to designate the origin or source of the goods or services of Client.
The terms of any Proposal or Estimate shall be effective for ninety (90) days after presentation to Client. Some promotional products sourced from a third party vendor may not be valid for (90) days and are contingent on the vendors terms and conditions. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and Deliverables, may be subject to amendment, change or substitution.
FEES AND CHARGES
Fees. In consideration of the Services to be performed by Boomerang Marketing, Client shall pay to Designer fees in the amounts according to the payment schedule set forth in the Proposal or Estimate.
Expenses. The Project pricing includes consulting, design or programming fees only (unless otherwise noted). Client shall pay Boomerang Marketing’s expenses incurred in connection with this Agreement including, but not limited to, printing and production, photography and/or artwork and or stock photography licenses, online access fees, postage, shipping, courier, presentation materials, and photocopies, at cost. Purchases may be subject to markup or additional coordination fees. No additional charges beyond the quoted amount shall be incurred for the project unless approved by the Client.
Invoices. All invoices are due upon receipt unless otherwise specified by agreement. A 1.5% monthly service charge is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by late or default payment. Boomerang Marketing reserves the right to withhold delivery and any transfer of ownership if accounts are not current or overdue invoices are not paid in full, inclusive of any and all outstanding taxes, expenses, fees, charges, or the costs of changes.
Samples. Client shall provide Boomerang Marketing with three (3) samples of each printed or published form of any printed Deliverables, for use in Boomerang Marketing’s portfolio and other self-promotional uses. Such samples shall be representative of the highest quality of the work produced. Boomerang Marketing retains the right to reproduce, publish, display, and use the Final Art and Deliverables for promotional purposes, including, but not limited to, use in Boomerang Marketing’s portfolios and Web sites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence, and to be credited with authorship of the Deliverables in connection with such uses.
Performance Liability. Boomerang Marketing does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and websites is with the client. The purchase of a website theme is not guaranteed to be without error. Themes are selected with consideration to the developers rating and review of support comments and level of support offered. Boomerang Marketing does not guarantee the quality of coding within a purchased theme. In no event will Boomerang Marketing be liable to the client or any third part for damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website.
Maintenance and Disclaimer: Boomerang Marketing gives no guarantee a theme will remain compatible with WordPress versions. Themes may have features, programming and code that become “broken” with future WordPress versions resulting in either the need to update the theme (by verifying if original theme developer has released an update) or may require a new theme.
To protect your site, content and host provider, updates to WordPress and any plugins should be maintained. Boomerang Marketing is available to provide updates at either an hourly or monthly rate.
Boomerang Marketing will store a backup file taken upon site launch for up to 1 year. Regular backups are recommended using a plugin called Backup Buddy with the addition of cloud storage. Boomerang Marketing is not responsible for backups once your site is launched nor are hosting providers.
Boomerang Marketing recommends installing protection from hacking and malicious software using a third party plugin and service provider. Annual fees are paid directly to third party plugin providers and the responsibility of client to maintain renewals.
Approvals for artwork. Artwork is either posted to our online proofing system “ProofHQ” or sent via email per client specification. Should errors, typographic, misspellings, etc., remain in the finished product, Client shall incur the cost of correcting such errors. Upon approval of artwork the Client is agreeing to the following proof approval terms:
Boomerang Marketing cannot be responsible for any errors not indicated on this proof. The customer is responsible for checking this proof for all elements— including but not limited to (content, trim size, die patterns, colors, pagination, etc.)
Production will not continue and printing due dates are subject to change if this proof is not returned within 24 hours of receipt.
By approving this proof you acknowledge that you have verified all addresses, phone numbers, web/email addresses, codes and images. In addition, you have read the entire document for accuracy and confirmed all changes requested have been made.