Terms of service
Summary
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few things written down so that both parties know what is what, who should do what, and what happens if something goes wrong.
In this terms of service, you will not find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something you might regret later. We want what is best for the safety of both parties, now and in the future.
In short
You, as a representative of your organization (client) are hiring us (Gazizoff Digital) to provide marketing services for the estimated total price and time as outlined in our proposal. Of course, it is a little more complicated, but we will get to that.
What Do Both Parties Agree To Do?
You have the power and the ability to enter into this terms of service on behalf of your company or organization. You agree to provide us with everything we need to complete the project – including text-based content, images, logos, and answer our questions – as and when we need it and in the format we ask.
You agree to review our work and provide feedback and approval promptly. Deadlines work both ways, so you are also bound by any dates that we set together. You agree to stick to the payment schedule set out in this terms of service.
We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner.
Along the way, we will do our best to meet the deadlines. However, we cannot be responsible for a missed deadline if you are late in supplying materials (ex., images, videos, and text-based content), do not respond to communication, or do not sign off our work on time.
We will maintain high confidentiality of any information that you share with us.
Confidentiality notice
This document and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee, you should not disseminate, distribute or copy this document.
Please notify us at [email protected] immediately if you have received this document by mistake, and please delete it from your system.
Getting Down to the Nitty Gritty
100% Happiness Guarantee
We’re not happy until you are. Our promise is to create marketing that truly works for your organization. If for any reason, you are not thrilled, we’ll work until it exceeds your expectations.
Approvals & Revisions
We do not limit the number of revisions. To do that, you must be reasonable and specific about the changes you want to make.
You must approve and request any edits the same week they are presented. If you take longer than one week to provide approvals or revision requests, there will be a fee of $500 per week.
You can make revision requests to change the design, layout, colors, typography, and content. Revisions do not include creating extra work (ex. extra pages or functionality).
Revision requests are completed in rounds, meaning you have to request more than one change at a time, unless there is one change.
We will have a revisions period before the launch, and then you will have 14 days of post-project support, during which you can also request revisions.
After that period, additional revisions will incur a fee of $250 per revision round. A revision round includes up to 5 minor edits requested by you and adds from 1 hour to 7 days of additional time to the original delivery timeline.
Changes
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look or how it might work.
We do not want to limit your options or opportunities to change your mind. The prices in the proposal are based on the amount of work we estimate we need to accomplish everything you have told us you want to achieve.
If you want to change your mind, add something extra, that won’t be a problem. These changes will need to be agreed to before the extra work commences. These additional changes will affect the costs, and the deadlines will be moved accordingly.
We’ll be upfront about all of this if it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project changes significantly throughout the process, we reserve the right to deem the current project canceled.
At this point, you will pay us in full for all the work we have completed and may commission us to complete the new project based on the new requirements. This will require a new quote/estimate and a new proposal.
Production Files
The format, layout, and structuring of any digital media/asset (ex., ad creatives, wireframes, templates) are the sole intellectual property of Gazizoff Digital.
Production files are not included, but are available for purchase separately for a fee. Production files can include vector AI files, as well as EPS, SVG, JPEG, RAW, ARW and transparent PNG file formats.
HTML and CSS Layout Templates
The landscape of web browsers and devices changes regularly, and our approach is to look forward, not back. With that in mind, we will test all our markup and CSS in current versions of all primary desktop and mobile browsers to ensure that we make the most from them.
Users of older or less capable browsers or devices will experience a design appropriate to the capabilities of their software. We do not cater to people using Microsoft Internet Explorer 6 (or lower) and cannot predict the behavior of that browser. We will also test performance on different screen sizes (ex., iPad).
We will not test old or abandoned browsers, such as Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, or old versions of Safari, Mozilla Firefox, or Opera unless otherwise specified.
If you need us to consider these older browsers, we will charge you at our standard rate for any necessary additional design work, development, and testing.
Content
You will supply us with the content (ex., logo, images, graphics, text) we require in digital format. We will create, edit, customize and optimize visual and text-based content.
NB: If you cannot supply all of the right content/assets promptly, it does not mean we have not completed the work. Once we finish the work stated in the proposal, either with your content or placeholders, the project is deemed complete.
We will hand over the access(es) and show you how to input your content. If you are unable to do it yourself due to a lack of expertise or software, you can take advantage of hourly rate. Otherwise, we recommend freelance websites (ex. Fiver or Upwork).
Technical Support
You might manage marketing in-house; if that’s the case, great! If you don’t manage your marketing, parts of it, or your in-house team cannot support/operate/use the solutions we provide, you can sign up for our monthly marketing or support services.
Free support
Once our client, you’re always our client. Regardless of your support plan, you can always reach out with questions and ask for recommendations and advice. We will do our best to help you or guide you in the right direction.
Retainers
Though we always do everything in our power to find time and resources for your projects, sometimes we are fully booked for long periods of time. If you know you will need our services, we strongly encourage reserve our time and resources by paying a retainer.
Legal stuff
Though we quality-check/hand-test/proofread, etc., we can’t guarantee that all files will always be error-free. So we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate, even if you have advised us of the possibilities of such damages.
If any provision of this terms of service shall be unlawful, void, or for any reason is unenforceable, that provision shall be deemed severable from this terms of service and shall not affect the validity and enforceability of any remaining provisions.
Copyrights
You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you share with us are either owned by you or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows: You own the final deliverables but not the production/source files unless otherwise requested and specified in the proposal or by written approval over email.
Gazizoff Digital is not liable for any trademark, copyright, or intellectual property infringements. We might own or license files or software (ex., photography/images, fonts, code, plugins, themes, etc.) from third parties, which we can use on your project and for your business. You are not allowed to distribute or share them with anyone outside your organization.
We will provide all licenses/proof of purchase/receipts and other evidence that you have a right to use the files or software. You must read them carefully to know what you can and can’t do.
Deliverables, files, access
We will share a copy of all the deliverables, files, access, etc., through Email, Figma, Google Drive, and Notion. Though we are not required to keep a copy, we typically do for 3-6 months. Please store them safely.
Credits and Promotion
We love to show off our work and share what we have learned with other people. So we reserve the right to display and link to your completed project, write about it on websites, in articles and books about marketing, design, or technology, and have a copy on our server/website.
We will display Gazizoff Digital’s logo linked to our website in the footer of your website, unless otherwise specified.
Payments
We are sure you understand the importance of paying the invoices promptly. As we’re also sure you’ll want to stay friends, you agree to stick to the following payment schedule:
Projects under $20,000
We require full payment or a minimum of $10,000 initial payment for projects under twenty thousand dollars ($20,000).
Projects over $20,000
- 50% of the estimated total to begin the project.
- 25% before revision stage.
- 25% when the project is complete and before we share access, transfer ownership, or launch the project.
Requiring/Monthly Services
For recurring projects (ex., Website management, Google advertising, social media management, email marketing, etc.), we require full payment on the first day of the service month or the last day the month before the service month + the advertising budget/expenses, unless you’re charged directly by the third party (ex. Google, Facebook, Klaviyo, etc.).
We use the month-to-month model because it’s most beneficial to you, so if the monthly fee is not paid on time and in whole without prior arrangements, the services will be interrupted until they’re paid in full (late fees of 7.5% might apply).
Non-active services are canceled after three months. If there are outstanding balances to third parties, Gazizoff Digital is not liable for covering them.
Late payments
A monthly service fee of seven and a half percent (7.5%) on the remaining balance is payable on all overdue balances. All grants of any license to use or transfer ownership of any intellectual property rights, under this terms of service, are conditioned on full payment, including all outstanding additional costs, expenses, fees, or other charges.
But where is all the horrible small print?
Like a parking ticket, you cannot transfer this contract to anyone else without our permission. This terms of service stays in place and does not need to be renewed. If for any reason, one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious, and this terms of service is a legal document under the exclusive jurisdiction of appropriate provincial/state, federal courts.