The following document describes the terms and conditions of services of J RONDINI VISUAL COMMUNICATIONS STRATEGIES LLC (hereinafter JRVCS or THE AGENCY). The use of our services constitutes full acceptance, and in all its parts, of the terms and conditions. JRVCS reserves the right to modify these terms and conditions at any time and without prior notice. All JRVCS clients are, without exception, under the obligation to respect this agreement.

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As a communications service provider, JRVCS will develop the projects in stages, which will be described, according to each case, in the quote or work order, and will be invoiced as they are completed, as described in the conditions.

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AUTHORIZATION

The client is contracting the services of JRVCS as an independent provider. The work or works done by JRVCS should be considered as "work on request" and as "work for hire". Once the works have been approved, paid in full, and delivered, the client will be solely responsible for them.

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RESPONSIBILITIES AND GUARANTEES

JRVCS has the responsibility, according to each case, to provide the products and/or services agreed with the client, according to the prices, times, and conditions established at the time of contracting.

 

JRVCS guarantees the confidentiality, during the creative process, of the projects carried out, and that the ideas arising at this stage will not be shared or negotiated, nor used in other clients' projects.

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The client guarantees that he undertakes to supply JRVCS with all the necessary material, as required by the agency, in a professional, competent and timely manner in order to carry out the projects efficiently and adequately. That it is fully capable of assuming the project and that its performance will not incur in the infringement or violation of the rights of any third party or in the violation of any federal or state law.

 

COMPLIANCE WITH THE LAW

The client agrees that JRVCS reserves the right to supply, without prior notice or consent of the client, any information regarding the work done to the client, and the business relationship with the client, to any law enforcement agency that requires it. via written request.

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JRVCS reserves the right to end all the services established in this agreement.

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JRVCS reserves the right to publish or not any material that could result in some type of legal conflict. This could include, but is not limited to: illegal, obscene, copyrighted material from other people, unauthorized material, and politically controversial material.

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COPYRIGHT AND TRADEMARKS

The client unconditionally guarantees that all the materials supplied, such as (but not limited to) texts, photos, digital images, illustrations, music, audiovisual material, logos, trademarks, or any other type of material supplied to JRVCS for being used in the elaboration of its communication pieces, are the property of the client or that the client has permission from the legal owner of each one of said elements and who will defend, protect and maintain JRVCS and any of its suppliers, free of any claim or demand arising from the use of such elements.

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The customer assumes full responsibility, without prejudice to JRVCS, or any of its suppliers, for all types of claims regarding trademarks, copyrighted material, authorizations, and permits.

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JRVCS will keep, in perpetuity and without any claim from the client, the exclusive authorship rights of all the pieces created.

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The client assumes full responsibility, without prejudice to JRVCS, to carry out all the procedures relating to trademark registrations, copyright, and authorizations and permits.

 

STORAGE AND CARE OF DIGITAL FILES.

It is a common practice of JRVCS to keep backup files, in a safe place, of the original projects of all the work it performs.

 

JRVCS reserves the exclusive, perpetual, universal right and without complaint by the client, to keep the original files of all the projects developed and will have no obligation to supply them to the client or to any third party.

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It is not the obligation of JRVCS to provide additional copies of the final arts, beyond those established for each project, after they have been completed, nor will it be responsible for damage or loss of files.

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JRVCS reserves the right to charge a service fee to supply additional copies of final artwork for projects after they have been paid for and delivered to the client.

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It is the responsibility of customers to keep backup copies on their computers.

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JRVCS reserves the right to remove all ar

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JRVCS will not be responsible, under any circumstances, for damages or losses caused by external suppliers to any material of the clients.

 

QUOTES, BILLING, PAYMENTS, AND COLLECTIONS.

The client must comply with the payment conditions established in the quote sheet.

 

All the budgets delivered by JRVCS are valid for 30 days.

 

Payments will be made according to the terms and conditions described in the quote sheet or in the work order.

 

JRVCS reserves the right to stop and retain if it deems it necessary, the works, in-process, and/or finished without delivery, as well as the cancellation of the terms of the contract, in case of non-compliance with payments by the client according to the established conditions.

 

The retention and denial of the files, as well as the cancellation of the contract, does not exempt THE CLIENT from the responsibility of the payment of the accumulated pending debt and the charges or interests that it may generate.

 

In case of not being able to collect an outstanding account, JRVCS could transfer the debt collection to an external collection agency. If the customer wants to cancel the pending account, they can send a notification in writing or by email.

 

In the event that the client requests, in writing (emails are accepted), the postponement or cancellation of a project or decides not to use it after the arts have been made or the pieces produced, JRVCS will have the right to invoice production costs calculated up to the moment the request is made.

 

If the client has an account pending at the time of the request, it must be paid within 30 days from the notification.

 

In case of default of payments by the client, the client will have to assume responsibility for the payment of all legal expenses that JRVCS has to incur as a consequence of these.

 

In case of cancellation, the client must pay for all the expenses that JRVCS may incur, and JRVCS will retain all rights to the works.

 

JRVCS will apply the tax charges stipulated by state laws in effect at the time of billing.

In case of having to go to court to collect an invoice, the client agrees to pay all legal expenses plus the interest that the agency must incur due to the process.

 

Prices and rates are subject to change and JRVCS reserves the right to revise them at any time and without prior notice. These prices do not include taxes and other charges that will be added independently.

 

The data on prices and rates are the property of JRVCS and cannot be disclosed by the client.

 

REFUNDS AND DISPUTES

Payments made to JRVCS are non-refundable.

 

The client agrees to compensate JRVCS for any loss that it may have as a result of claims or demands made to the agency for any work done on behalf of the client.

 

PROJECT ASSIGNMENT

JRVCS will not start the production of any project until it receives, from the client, approval for such purposes, be it written, oral, via email, or text message.

 

In the case of verbal approval, JRVCS will initiate work by giving the customer five business days to provide formal approval. If after the expiration of the term, the client has not provided such approval, JRVCS reserves the right to stop the project until the client does not provide it.

 

JRVCS reserves the right to subcontract the services of external suppliers to ensure the delivery, with quality and on time, of the products and/or services it offers.

 

The client agrees to collaborate with the agency by supplying it with all the inputs that it requires for the proper development of the project. These could be, but are not limited to: Images, texts, photos, information, references, etc.

 

JRVCS will deliver the works agreed in the budget, according to the agreed cost and within the limits, scope, and conditions established for the project.

 

Neither JRVCS nor any of its suppliers will be responsible for the commercial goals not achieved with the execution of the project.

 

PROJECT APPROVAL

All graphic pieces, without exception, must be approved by the client before being published or sent to production.

 

COSTS OUT OF THE BUDGET

Any additional work requested or not by the client, not specified or described in the quote or work order, and that is outside the established scope of the project, which the agency must incur in order to complete it, will be considered as cost out of budget and will be invoiced independently and at the rates and conditions in force at the time of execution.

 

In cases of the non-budget costs that have not been requested by the client, JRVCS will request the approval of the client before proceeding with them.

 

Any revision, addition, alteration, or modification to a project beyond what is established in the quote or work order, will be invoiced independently and according to the rates and conditions in force at the time of the modification.

 

Any modification to a project after the client has approved the final proposal (s), be it graphic, audiovisual or strategic, will be invoiced independently and according to the rates and conditions in force at the time of the modification.

 

The development of any part and/or process outside of what is described and approved in the budget will be quoted independently and according to the rates and conditions in force at the time of execution.

 

In the event that the client requires the project to be delivered in less time than agreed, JRVCS reserves the right to review and readjust the agreed price to compensate for the increase in resources to meet the unanticipated rush.

 

In the event that the client does not require the delivery of the finished product, but only requests the project design and the supervision of the production itself, apart from the cost for the design, supervision will be charged independently and according to the rates and current conditions agreed upon at the time of supervision.

 

Media placement costs will be calculated independently of the design costs of any project, whether for the press, television, radio, electronic or outdoor media and will be billed according to the rates and conditions in force both in the agency and in the media. selected at the time of placement.

 

DELIVERY TIME

Estimated delivery times are an approximation by the agency, and are subject, not only to production standards for each type of project but also to customer response times in cases such as the speed of delivery of supplies and materials, review time, request for modifications and approval of the gear.

 

PROPOSAL MODIFICATIONS

Any modification or adaptation, in its entirety or any of its parts, to any of the pieces manufactured and delivered by us must be done through JRVCS and will be invoiced independently and according to the rates and conditions in force at the time of the modification.

 

During the creative process, all sketches, corrections, and modifications that are digitally delivered to the client for review purposes will carry a watermark on top of the art.

 

The client agrees NOT TO SUPPLY, OR SHARE, FOR ANY REASON, UNDER ANY CONCEPT, NEITHER BEFORE, DURING, OR AFTER THE CREATIVE AND PRODUCTION PROCESS IS COMPLETED, the ideas, sketches, proposals, storyboards, composites, videos, physical or digital presentations, or the final arts of any of the pieces developed, elaborated, delivered, distributed or published for the client by JRVCS, to any other supplier of graphic or communication services, of any kind, be it, but not limited to: a printing press, design office, advertising agency, public relations firm, creative shop, independent designer (FREELANCE), producer of audiovisual material, newspaper, television channel, radio station or online service provider, of internal, local, national operation, of another state or that, operates outside the country; to be manipulated, altered, adapted or modified in any way, in any of its parts and by any physical or electronic means, analog, digital or of any nature.

 

The preceding paragraph may be invalidated only by prior written agreement between JRVCS and the client or by the cessation of operations of the agency.

 

To ensure that all work is maintained within our quality standards, as well as to guarantee added value to both our company and customers, JRVCS reserves the right to accept or reject any recommendation or request from customers regarding design, production, or final appearance characteristics of any part produced by us.

 

USE FOR PORTFOLIO

The client grants JRVCS the absolute, perpetual, universal right, and without prejudice to the company, to publish, for portfolio or sample purposes, all the projects produced, delivered. The use includes, but is not limited to: publication on our website, social media, brochures, catalogs, magazines, or any other physical and/or electronic medium, existing or to be developed, that the company deems necessary to use to promote its capabilities.

 

If the client decides not to use a project after it has been completed, JRVCS will have the right to use it for portfolio and agency promotion purposes.

 

LIMITED LIABILITY

THE CLIENT uses the services of JRVCS at his own risk. JRVCS makes no warranty, expressed or implied.

 

JRVCS will not be responsible for any damage or loss resulting from the impossibility of being able to provide the service or its termination. We are not responsible for any loss, personal, financial, or of any other nature, as a result of the use, misuse, inability to use or inability to use the products and services.

 

Any liability is strictly limited to the amounts of fees paid for services rendered.

 

JRVCS will not be responsible for claims of any kind made by third parties.

 

THE CLIENT assumes full responsibility for the content of the projects, (including texts, images, representations, illustrations, and sounds)

 

It is the responsibility of THE CLIENT to check all the pieces for typographical, spelling, or content errors before their production or publication.

 

THE AGENCY will not be responsible for any errors that correspond to what was approved in the final test provided to the client and approved by the client.

 

JRVCS does not guarantee the accuracy of colors, position, exclusivity, or that a press publication does not have a promotion behind it (as it could be, but not limited to coupons).

 

INDEMNIFICATIONS

THE CLIENT agrees to indemnify, defend and protect JRVCS (including its owner, managers, employees, agents, members, and affiliates) from absolutely any liability, claim, loss, damage, injury, cost or expense, (including attorney's fees and legal expenses) sustained against JRVCS (or its owner, managers, employees, agents, members, and affiliates) arisen in relation to damages to businesses, people, assets, liabilities or reputation as a consequence of the design, production, publication, exhibition or diffusion of any advertising, promotional or marketing material made by JRVCS on behalf of the client. This compensation and protection include, but is not limited to: any government action, acts of vandalism or other acts of retaliation, and of any claim for defamation, unfair competition, violation of any patent, copyright, trademark rights, services trademark or any other intellectual property right, privacy violation or other torts.

 

PLACEMENT IN MEDIA

Orders are not cancellable and THE CLIENT (Advertiser) will remain responsible for the payment of the total amount of the order.

 

JRVCS is not obligated to guarantee the cancellation of a publication after the order has been placed, nor does it guarantee any request to change an order.

 

JRVCS does not guarantee the accuracy of colors, position, exclusivity or that a press publication does not have a promotion behind it (as it could be, but not limited to coupons).