If RyCOM will be working with you, we may prepare a detailed agreement with these or other terms. Unless an agreement states otherwise, the terms on this page will be the terms of your agreement and partnership with RyCOM, with specific payment details as negotiated and invoiced. Basically, these terms apply to everyone we work with unless there is an agreement signed by both parties that dictates otherwise.
Service Agreement
We will always do our best to help you meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if stuff goes wrong. In this agreement, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We want what’s best for the safety of both parties, now and in the future.
This agreement is binding as it relates to our relationship, but only to the extent that it states in this agreement. Additional terms of this agreement may be set and/or implied by other means, such as, but not limited to, emails, phone calls, or other agreed-upon terms. We strongly suggest that any additional terms be written and signed by both of us.
Please read over this agreement carefully. Once you understand and agree to all the details, sign it and return it to us so we can start all the certified awesomeness we have in mind for your project.
General Agreements
As our client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything we need to complete the project, including text, images, and other information as and when we need it, and grant us full rights to use and/or modify any of these items as necessary to complete the project at hand. We agree to maintain the confidentiality of any information that you give us.
You agree to review our work, provide feedback, and sign-off approval promptly. We cannot meet our deadline unless we both are prompt in our responsibilities. Deadlines are very important, and we will do everything we can to meet them; however, rushing the creative process to meet an unreasonable deadline will only lead to sub-par work. We don’t do sub-par work; you are not paying for sub-par work.
We have the experience and ability to perform the services you need from us, and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage.
Term of Agreement • Terms default to month-to-month, unless otherwise specified to a 6 months, 12 months, or 24 months for all monthly payment services. This includes all our Digital Marketing (Pro, Pro+, and Pro+Reviews), Consulting, Agency of Record, Email, and Hosting plans. Graphic Design & Social Media (Social, Starter, Simple, Select) default to month-to-month without any term contract. Otherwise, unless you have a written agreement stating you’re plan is less than 24-month terms, then you have agreed to work with us for the agreed upon term with the below-referenced cancellation policy.
Satisfaction Guarantees
Look – we don’t believe in guarantees in marketing – so we need to be very clear here. We don’t guarantee any sales, bookings, leads, followers, PR placements, or generalized results from our marketing efforts – ever. We definitely don’t guarantee that you’ll agree with our process, or “like” the designs – and that’s OK. Fact is, you’re not the audience we’re working for. We’re targeting your customers, not you!!!
But, we do need to make this clear: We will work with you as long as you work with us. We need you to respond, communicate, and engage with us to ensure proper execution of your plans. Things definitely won’t work if you bail too soon, and things won’t work if you keep changing the scope of work, goals, etc… Let us do our thing, and we’re confident you’ll be happy. If not, give us 30 day notice and you can cancel and move on.
Cancellation & Liability
You have the right to enter into this agreement, as well as the right to cancel this agreement. We fully expect you to be amazed by the great work we do together, and certainly don’t expect you to cancel this agreement, but if you go that route, there are a few things to understand. In case of cancellation, ownership of all IP rights will be retained by RyCOM for works that have not been paid for in full. All outstanding invoices, and any invoices that would have been submitted within 30 days, must be paid, plus a cancellation fee equal to 50% of the remaining projected project cost or retainer service months.
All cancellations must be sent at least 30 days prior to the next recurring invoice. Our team guarantees your cancellation will be executed no later than 30 days after your request, no questions asked. (although we do like to know why you cancelled, you retain the right to cancel without telling us why, but it still must be with at least a 30 day notice)
We are not liable for any incidental or consequential damages that arise from the servicing, completion, or lack thereof concerning this project, whether caused by intentional or neglectful acts by either party. Please know that for the project to be completely successful in reaching its goals, we need to complete the project. If you cancel this agreement, we cannot be held liable for the project’s failure, either because it was scrapped or another firm picked it up.
No Refunds – Ever
We do not offer refunds of any kind. Our services are offered at a low cost up front because we are able to build longstanding relationships with our clients. If you’re unhappy, you can cancel, but the work performed must be paid for. There are no refunds, ever, for any reason. No exceptions.
We also are unable to offer discounts, refunds, returns, or exchanges, and any print materials, ad spend, or pass through billing for software, plugins, licenses, or other fees – as those funds are not held by us – they are distributed immediately to the provider.
Intellectual Property Rights
RyCOM Creative Corp grants the client the right of limited use of the works created under this agreement, as it relates only to the extent of use deemed reasonably understood by the scope of the work completed.
All rights to works performed under this project will be retained by RyCOM Creative Corp unless expressly transferred to you through a Copyright Transfer Agreement, Limited License Agreement, or a Work-for-Hire Agreement. Essentially, this is because, by IP Law, all works are legally copyrighted to their creator. We always reserve the right to use any portion of the project within the scope of advertising our portfolio of work.
Graphic Design Work: You can use the artwork all you want, as long as it’s for the same purpose for which it was created. You cannot change the art or use it in a way that is not reasonably clear within the project scope. For example, you may use a logo design for a sign that you create, but you cannot use a business card design for a sign you create.
Website Design Work: Basically, you have the right to modify and update the site’s content, but you do not have the right to change the HTML, CSS, or structure of the site without permission. Example: you may change your services list on the website, but you cannot take the header image from the services page and use it on a printed flyer.
Video / Photo Work: Basically, you can use & post the work all you want. However, you cannot modify the images or videos to a point where they are different from their original form. For example, you may use a photo for an ad piece or a video for a presentation. Still, you can’t modify the video to make it appear created by someone else or photoshop the image into another.
Payment Terms
You agree to make payment as laid out at the end of this agreement. We expect to be reimbursed for the expenses necessary to complete this project. This could include many things such as Stock Photography, web hosting, software fees, and any other expenses not previously agreed to be paid for by us.
If the project requires a down payment, you agree to pay it before we begin the project. We don’t do spec work (work in the hope of maybe receiving payment), so please don’t ask.
All invoices are payable upon receipt. You agree to pay a $50 fee incurred monthly on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment. You will assume responsibility for our costs in all processing of services and/or collections of unpaid fees and of legal fees necessary to obtain payment.
We prefer check payments but do accept Credit Cards as well. A 5% processing fee will accompany all Card payments.
Proposal Terms (Found in Project Evaluations)
RyCOM Creative Corp. reserves the right to use any design in a capacity for advertising our services and experience. Such usage will be in the tone of what is generally considered a designers portfolio.
Any work performed during this assignment will be the intellectual property of RyCOM Creative unless and until necessary rights have been transferred. After the final designs have been approved, all Intellectual Property rights for the appropriate work may be signed over to the client. It is recommended that the client then file any necessary copyright and trademark registration. If full ownership and management of these rights are not desired, RyCOM Creative will maintain ownership and license some of the rights to the client as necessary. Some additional fees may be necessary to facilitate this process.
This proposal is not a binding agreement. This is only a proposal and is only good for 30 days after receipt. After that time, a new proposal may be necessary. Please check with us before you assume a price is still good. All agreements will be coupled with a signed assignment contract before work is completed.
Hosting services are free for one year with all project-based web design jobs. After that, RyCOM Creative offers Hosting services starting at $150/yr. to maintain proper uptime of your site. It is up to the client if they choose to utilize other hosting services, and it will be at their expense to facilitate this transfer. Such work may result in a temporary downtime of your site. Therefore it is recommended if the client expects to move to host elsewhere, that they forego the FREE hosting supplied by RyCOM Creative and have the site built at the desired Host location.
Any disputes arising from these terms shall be resolved exclusively in the state and federal courts of the State of Illinois. RyCOM Creative makes no representation that materials in this proposal may contain references to products and services that are not available or are prohibited in your country.
RyCOM Creative is an Incorporated, fully registered, and insured creative services company that maintains an office in Downtown Rockton, IL. You can rest assured that your job will get done and done right.
Financial Advisor Graphic Design
Revision Guarantee: If your compliance department rejects any design for elements we created (not sourced or requested by you), we will modify the design for you, and it will not count against your monthly allowance of posts or available custom design/consult hours.
Monthly allowance: The total hours and allotted templates per month do not roll over and reset every month.
Term & Cancelation: Unless you have selected the month-to-month option, this is a 6-month or a 12-month agreement. The agreement will automatically renew to a rolling month-to-month plan after the initial team unless you notify us of a desire to cancel or modify your agreement before 30 days of the renewal date. A cancelation fee is due at the date of cancelation, equal to 50% of the remaining months of the current term.
One-Time Courtesy Pause: You can pause your account for one month during your current term. You will not be charged during that month, and you will not receive any of the monthly allocated pieces or hours. You must notify us in writing if you want to pause your account. After the paused month, service will begin again automatically at the beginning of the next month.
Upgrading/Downgrading: You may upgrade to a higher plan without extending your term. Downgrading is possible with your term extending by the length of the initial term (6 or 12 months) time of the downgrade.
Lead Time: We request as much possible lead time as you can give. Items with a required publish date are best given to us two weeks before that date. In most cases, we can complete projects much quicker (often in just 1-2 days), but please give us time to make sure your design is great, and compliance has time to review & approve.