Terms Of Service Update. January 17, 2018.
Click Here: Quick Look (Policy Updates – Production, Billing, Revisions)
LME10417-1. The following Terms Of Service applies to all current and prospective Lee Media Enterprises (Lee Kre8ive and Clear Pixel Media Lab) clients. All terms outlined below are subject to revision without prior notice.
Payments – ALL INVOICES require a 50% down payment before work begins.
Acceptable forms of payment:
- Credit/Debit cards – online payments via our invoice portal is the best method of payment fulfillment. We also accept credit/debit cards at our office. Small credit/debit card fees apply.
- Cashier’s Checks or electronic checks ONLY – we do not accept regular checks. Checks must be received and cleared before project initiation or before any work is released.
- Cash – we welcome cash payments at our office
All invoices for final payment are due upon receipt, excluding retainer clients. A service charge is payable on all overdue balances. You may contact us for more information. The grant of any license or right of copyright is conditioned on receipt of full payment.
- 50% deposit – due before ANY work begins
- Final payment – due before work is released. All document proofs will be watermarked and any website work or digital assets will remain on a staging server (non-public) until final payment is submitted.
- Milestone payments – due as negotiated (*If applicable. This option usually applies to long-term projects.)
- Retainer payments – due on the 1st of every month. Payments not received by the 1st of the month will incur a service charge (late fee). Prorates may apply if project initiation starts off-cycle.
Default in payment
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
The fees and expenses given to client are only minimum estimates.
After the quoted timeframe, client must assume that all additions, alterations, changes in content, layout or process changes requested will alter the time and cost. The Client shall offer Lee Media Enterprises the first opportunity to make any changes. (Click here for more info)
The Client shall reimburse Lee Media Enterprises for all expenses arising from any assignment, including the payment of any sales taxes, and shall advance Lee Media Enterprises for payment of said expenses, including but not limited to Stock Photography, third-party artwork and/or digital assets needed for the project.
In the event of cancellation of a project, ownership of all copyrights and the original artwork shall be retained by Lee Media Enterprises. Deposit is non-refundable. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.
If the client wishes to begin a new project with Lee Media Enterprises, a 50% cancellation fee from the previous project will be due.
Ownership and return of artwork
Lee Media Enterprises retains ownership of all original artwork, whether preliminary or final. If transfer of ownership of all rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.
Lee Media Enterprises and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated.
The Client shall indemnify Lee Media Enterprises against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of any contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole, following standard procedures of documentation and approval.
Code of fair practice
The Client and Lee Media Enterprises agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).
Lee Media Enterprises warrants and represents that, to the best of his/her knowledge, the work assigned is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Lee Media Enterprises has full authority to make an agreement; and that the work prepared by Lee Media Enterprises does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Lee Media Enterprises’ product that may infringe on the rights of others. Client expressly agrees that it will hold Lee Media Enterprises harmless for all liability caused by the Client’s use of Lee Media Enterprises’ product to the extent such use infringes on the rights of others.
Limitation of liability
Client agrees that it shall not hold Lee Media Enterprises or his/her agents or employees liable for any incidental or consequential damages that arise from Lee Media Enterprises’ failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Client, any client representatives, or a third party.
Any disputes in excess of the maximum limit for small-claims court arising out of any Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Lee Media Enterprises. All actions, whether brought by client or by designer will be filed in Lee Media Enterprises’ state/county of business/residence.