Effective Advertising Solutions

Agreement revised April 16th, 2010.

This is the official Terms of Agreement of Effective Advertising Solutions LLC (hereinafter referred to as "EAS"). Unless otherwise stated within a written and signed Agreement between EAS and our Clients, these are our Terms. By hiring EAS, you agree to these terms and conditions.

Project Agreements

When we begin a project we require approval of our terms in 1 of 3 ways (for your convenience) :

  1. The signing of a written Project Agreement outlining the project details, timelines, and fee schedules. Terms set forth within the Project Agreement take precedence over the terms outlined here.
  2. The "online approval" of an Estimate emailed to you, where you visit our billing center, and click "Approve Estimate". We will then convert the Estimate to an Invoice and send that to you outlining your initial deposit/retainer fee.
  3. You request a simple project either written or orally and we create an invoice that outlines your project details and deposit/retainer fees.

If a signed Agreement does not exist between EAS and you, then you agree to the Terms outlined within this web page.

Payment:

Invoices are payable upon receipt. (We appreciate our clients that value our business relationship and pay their invoice as soon as possible.) Overdue payments shall be subject to interest charges of 12 percent per month after 30 days.

Client agrees to pay EAS within thirty days of the date of EAS's billing, which shall be dated as of the date of delivery of the Designs. In the event that work is postponed at the request of the Client, EAS shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights under the signed Project Agreement. Overdue payments of invoices billed pro rata shall also be subject to interest charges of 12 percent per month after 30 days.

In the event that Client's account has an overdue balance, EAS reserves the right to withhold ownership of Design files (including public access to website files) until Client balance has been paid in full.

Fees:

Client agrees to pay the agreed upon purchase price as outlined within the signed Project Agreement for the usage rights granted. Client agrees to pay sales tax, if required. Client agrees to pay overdue payment penalty charges, if applicable. There will also be a $35 NSF Fee applied to returned checks.

Deposits & Payment Schedules:

Generally, for projects $500 or less, we require a 50% deposit to start, the balance due upon completion. For projects that exceed $500 our schedule is below.

  • 1/3 deposit paid prior to us beginning your project
  • 1/3 after first creative submission
  • 1/3 at completion

Complex, multi-task, or large scale projects may be subject to a custom schedule. For instance, a $10,000 project may be broken down into the following phases or something similar:

  • $2,000 deposit paid prior to us beginning your project.
  • $2,000 after first creative submission (Phase 1).
    • Require payment of this invoice prior to us beginning Phase 3.
  • $2,000 after Phase 2 is complete.
    • Require payment of this invoice prior to us beginning Phase 4.
  • $2,000 after Phase 3 is complete.
    • Require payment of this invoice prior to us beginning Phase 4.
  • $2,000 after Final Revision Phase is complete. (Final Invoice)
    • Final Project will be delivered upon receipt of payment.

Completed designs may not be delivered until balances are paid in full or payment arrangements have been made. In addition, projects which require the purchase of external resources i.e. printing and delivery costs, web hosting/domain fees, professional or stock photography, etc. will require a payment advance prior to EAS purchasing such services.

For website hosting, maintenance, and support packages, you may setup an automatic subscription with a credit or debit card, paypal or bank account that allows for the automatic debit of your monthly hosting cost. Weekly, bi-weekly, or monthly debit options are also available.

Ownership:

Design Documents including, but not limited to, sketches/comps, designs, illustrations, website proofs, custom marketing/advertising ideas/concepts, and all other design documents are the exclusive property of Effective Advertising Solutions LLC. Exclusive copyright of these materials is reserved by Effective Advertising Solutions LLC; upon full payment of all fees and costs, Client is granted the right to use the designs contained in these materials specified in project contract only. All other rights remain the exclusive property of Effective Advertising Solutions LLC.

Rights and Usage:

Upon receipt of full payment, EAS grants to the Client the following rights listed within the signed Project Agreement. All rights not expressly granted within the signed Project Agreement are reserved to EAS, including but not limited to all rights in sketches, comps, proofs, or other preliminary materials created by EAS. If Client wishes to make any additional uses of the Designs not outlined within the signed Project Agreement, Client agrees to seek permission from the Designer and make such payments as are agreed to between the parties at that time.

Expenses:

Client agrees to reimburse EAS for all expenses of production as well as related expenses including but not limited to illustration, photography, travel, models, props, messengers, and telephone. These expenses shall be marked up a percentage (as listed within the signed Project Agreement, generally 15-20%) by EAS when billed to the Client. Client may be asked to pay EAS a nonrefundable advance against expenses. If the advance exceeds expenses incurred, the credit balance shall be used to reduce the fee payable or, if the fee has been fully paid, shall be reimbursed to Client.

Advances:

Generally, for projects $500 or less, we require a 50% deposit to start, the balance due upon completion. For projects that exceed $500 we generally do the following: At the time of project beginning, Client shall pay EAS 1/3 of the fee as an advance against the total fee. Upon approval of sketches Client shall pay EAS 1/3 of the fee as an advance against the total fee. Clients may also opt to set up a mutually-agreeable deposit and payment schedule with EAS. Terms would then be set in writing (see Payment and Deposit Schedule.)

Payment Methods:

We accept Visa, Mastercard, Discover, American Express, Check/Money Order, and PayPal. PayPal will also allow many banks to pay via a direct Bank Transfer). Invoices may be paid online using FreshBooks. Click here for our Billing Center.

Rush Service:

Rush service on projects is available when the EAS workload will allow. Our fee for rush service may fluctuate based on current capabilities but may be up to 50% of your project cost and will reduce your ETA by 1/2. If our schedule permits, we would be happy to rush on your project at no additional cost.

Revisions:

EAS shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of EAS, an additional fee shall be charged. If EAS objects to any revisions to be made by the Client, EAS shall have the right to have his or her name removed from the published Designs.

Copyright Notice or Authorship Credit:

Copyright notice or Authorship credit shall or shall not accompany the Designs when reproduced as agreed upon within the signed Project Agreement.

Cancellation Fee:

In the event of your cancellation of this project, or any delay of more than two months, we will invoice you for the greater of either: 1) all work completed up to the date of written notification, including expenses; or 2) the amount of any advance deposit made for this project. All work will remain our property, but will be available if the project should be resumed at a later time.

Releases:

The Client agrees to indemnify and hold harmless EAS against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Designs at the request of the Client for which no copyright permission or privacy release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Arbitration:

All disputes arising with EAS projects shall be submitted to binding arbitration in Pinellas County, FL and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $100 shall not be subject to this arbitration provision.

Miscellany:

This Agreement shall be binding upon EAS and all EAS Clients hereto, their heirs, successors, assigns, and personal representatives, and superceded only by actual written and signed Agreements between EAS and Clients. These terms constitute an understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of Florida.