The following “Terms of Service” are a guide to help outline specific details and circumstances regarding work we are hired to do. Some items will not apply to the work we are doing together, others will. If you have any questions, please ask and we’ll be glad to clarify.
These Terms of Service apply to all work performed by Infusion and are hereby incorporated by reference into all Estimates, Scopes of Work, Project Proposals, Consulting Packages, and other “Work-For-Hire” documentation.
Scope of Work. The Scope of Work for this project includes all preparation; client interaction(s); design; creative services; programming; and technical implementation required to complete the work as outlined.
Estimated Costs. The cost(s) outlined are estimates based on information provided to-date, and may be inappropriate if additional information is forthcoming, or if specifications change. Project alterations, deviations, enhancements, and development or feature requests that are not outlined in the original Scope of Work may increase the size of the project or delay completion. The Client will be responsible for any such requested changes to the original Scope of Work. Estimated costs shown do not include any service priced separately on our website, or additional expenses not specifically outlined within the Scope of Work.
Duration, Scheduling, and Feedback. See individual components for estimated time frame(s). Client agrees to provide timely feedback and input on materials submitted for review by Infusion. Failure to do so may result in production delays and/or additional costs in order to maintain original schedule.
Client Supplied Materials. Client will supply Infusion with any artwork, photos, video, text content, or other materials not developed by Infusion, but required to complete the Scope of Work.
Expenses. Unless otherwise agreed in writing, all outside purchases requested by Client, are chargeable. Fees for professional services do not include outside purchases such as, but not limited to, printed materials, photography, printouts, illustrations, shipping, handling, couriers, hosting services, domain name registration, software licensing, or other related expenses. When applicable, Infusion will invoice for lodgings, meals, and transportation at cost. Reimbursement for mileage will be calculated at current IRS rates. Expenses will be itemized on each invoice and are subject to state sales tax unless 1) Client is a nonprofit organization; or 2) the work is for resale and Client has submitted a resale certificate to Infusion.
Assistance and Facilities. The Client will provide Infusion with all reasonable assistance and access to the Client’s Facilities without charge in order to permit Infusion to efficiently perform the Scope of Work. The Client authorizes Infusion to obtain access to the Client’s computing facilities using remote means of access and subject to any restrictions on access set out in the Scope of Work, for the purposes of performing the work outlined. Infusion will not use these means of access (or any other methods of remote access) to access the Client’s Facilities for any purpose other than to perform the Scope of Work. Infusion shall be permitted to gain remote access to the Facilities for reasonable and lawful purposes using any publicly available means (such as the World Wide Web), which do not require special authorization. The Client indemnifies Infusion against any loss or damage arising directly or indirectly from any unauthorized use of the Client’s Facilities to which Infusion has been granted physical or remote access, provided that such unauthorized use has not arisen as the result of any material breach by Infusion of its own obligations as stated within these Terms of Service.
Errors, Omissions & Approvals. It is the Client’s responsibility to check materials submitted for review carefully for accuracy in all respects, ranging from spelling and grammar to technical illustrations. The Client should review final artwork carefully. Approval by the Client will indicate an acceptance of the submitted materials, including responsibility for errors, omissions, legal, and ethical compliance. Once approval is given, Infusion is not responsible for any errors or omissions that may exist in the final artwork, or that may occur after release to the printer or a designated third-party. If a re-run is necessary due to an overlooked error in final artwork, the Client assumes full responsibility. THE CLIENT UNDERSTANDS THAT IF THEY APPROVE A PROOF CONTAINING ERRORS, THE CLIENT WILL BE HELD RESPONSIBLE FOR PAYMENT OF ALL COSTS OF DESIGN AND PRINTING, INCLUDING CORRECTIONS, REPRINTS AND FREIGHT. INFUSION IS NOT LIABLE FOR ERRORS AND/OR OMISSIONS ONCE APPROVED FOR RELEASE.
Vendor Selection. If the Client selects vendors other than those recommended by Infusion, Client may request that Infusion coordinate the vendor work. Infusion cannot be held responsible for quality, price, performance, or delivery of vendors we do not select. Infusion will provide a separate estimate for this service, if applicable.
Printed Materials. The Client will accept over runs or under runs of printed materials that do not exceed 10% of the quantity ordered on all jobs. Infusion will bill for actual quantity delivered within this tolerance. If the Client requires a guaranteed quantity, the percentage of tolerance must be stated in writing at the time of order. Unless otherwise specified, pricing outlined to the Client does not include delivery costs, when applicable. When specified, delivery costs are for a single shipment, without storage, F.O.B. Infusion’s corporate offices or designated provider’s offices. Estimates are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the Client to the provider, or from the Client’s supplier to the provider, are not included in pricing submitted to the Client unless specified.
Placement of Advertising. At Client’s request, Infusion will purchase media space on the Client’s behalf. Space will be billed to the Client at current rates plus the standard agency commission of 15%.
Storage. Infusion agrees to store digital files and media used to complete the Scope of Work for a period of three (3) months beyond the project completion. Thereupon, we reserve the right to discard them. Infusion will retain intermediate print-related materials until the related end product has been accepted by the Client. If requested by the Client, intermediate materials will be stored for an additional period for additional charge. Infusion is not liable for any loss or damage to stored material beyond what is recoverable by the Infusion’s fire and extended insurance coverage.
Non-Exclusivity. The Client acknowledges that Infusion is providing Services to the Client on a non-exclusive basis and that Infusion may also provide Services of the same or a similar nature as the Services to any other party.
Confidentiality. Any information or materials that are provided to Infusion during the course of our work together will be kept in the strictest confidence. Infusion will take all reasonable efforts to safeguard Client information and ensure that it is secured. If it is appropriate, Infusion will provide Client with an executed nondisclosure agreement to that effect.
Professional Services. Additional ad-hoc professional services may be provided to assist Client, as required.
Payment Terms. Unless otherwise stated, fees are prepaid and non-refundable. Fee and expenses are added together. 50% payment is required to begin the work. The remainder of the fees and expenses are billed in phases as they are completed. Any remaining fees and expenses are due at the conclusion of the work.
For further information or clarification of these Terms of Service, please contact us.
Last Updated: January 1, 2018
