tERMS & cONDITIONS

LEGAL

Updated: December 18, 2024

Terms of Service

Copyright and Ownership

The customer will have reproduction rights to the artwork only after the project invoice has been paid in full and in good standing.
Anntoine Marketing + Design reserves the right to use the artwork from any stage of the design process for any and all marketing purposes unless it competes with advertising for said customer.
Anntoine Marketing + Design reserves the right to use elements such as fonts, stock images, or other components that are not exclusive to the design in other projects.
Anntoine Marketing + Design will store all marketing retainer files in a shared Google Drive folder for the duration of the contract.

Content and Artwork

The customer is responsible for submitting accurate content or artwork.
Anntoine Marketing + Design assumes all content supplied by the customer such as text, illustrations, or photography, is owned by the customer. Anntoine Marketing + Design will not be held liable for any breach of copyright arising from content supplied by the customer.
All text must be submitted digitally and preferably in Word or Google Doc format. It should be proofread and error-free prior to submission.
Anntoine Marketing + Design takes care to avoid spelling mistakes and other errors; however, customers are urged to check the proofs thoroughly for any errors prior to approving the artwork. Once artwork is approved by the customer, Anntoine Marketing + Design will not be held responsible for client errors or errors made by the designer.
The customer must submit their website approval form and final payment before a website will be launched.
The customer must submit written approval via email for any printed collateral before the order shall take place.

Turnaround

Turnaround times are approximate.
Anntoine Marketing + Design will endeavor to meet all agreed deadlines; however, Anntoine Marketing + Design will be not held liable for any loss due to late artwork or website launch. Please allow plenty of time to complete a project.

Third-party Dealings

Anntoine Marketing + Design will not take responsibility for customers’ dealings with any third party, including (but not limited to) printers, delivery services, web hosting services, etc.

Privacy

All correspondence is treated as confidential.
No information will be sold or given to a third party.

Liability

Anntoine Marketing + Design hereby excludes itself from all and any liability from:

Loss or damage caused by any inaccuracy.
Loss or damage caused by delay or error.
Loss or damage caused by third-party dealings.
The client is responsible for attorney fees, if applicable.

Payment Terms

Unless prior arrangements have been made, the customer agrees to pay a deposit of 50% of the quoted price to commence any job. The balance is due prior to the delivery of the finished artwork, files, or website. Full payment must be made in order to receive the finished artwork, files, or website.
The artwork, files, and graphics remain the property of Anntoine Marketing + Design until all outstanding accounts are paid in full.
Payment can be made by ACH direct deposit, check credit card, or cash.
All credit card payments carry a 3.5% finance charge processing fee.
All transactions are made with the understanding that the agreement takes place within the state of Louisiana and any litigation of said transaction is agreed to take place within the state of Louisiana.
The client's failure to deliver us requested materials within our project timeline will result in the final payment being due after 90 days if our team is at least 90% finished with the project.

Quoting

All quotes are valid for 30 days.
The price quoted is for inclusions listed on the Quote form only. Any additional work arising from new concepts, alterations, or items not specified in the inclusions will be charged at the current hourly rate. The customer will be notified of any potential increase in the quoted price before additional work is undertaken.

Cancellations

In the event of the cancellation of a project, Anntoine Marketing + Design reserves the right to charge for work done to date if the cost is in excess of the deposit already paid.
Anntoine Marketing + Design retains the right to cancel any project after 90 days from the contract signature date for failure to attempt contact, failure to respond to contact, or failure to provide sufficient content to complete the artwork or website.
If work has not commenced and a deposit has been paid, Anntoine Marketing + Design reserves the right to keep the full deposit. Customers will be notified if there are any additional charges due to hours invested on your account and invoiced accordingly.
Upon cancellation of marketing services, the customer will have six months (after the date the customer states the intent to cancel) to download and store files that are shared in the Google Drive folder. After this date, Anntoine Marketing + Design will no longer be responsible for the management and storage of your files and will permanently delete the files from our Google Drive.

Service Dates and Renewal Terms

Marketing services will begin on designated date. Contract auto-renews each year on the 1st day of (month) each year hereafter. For contract changes or cancellations, the client must send a written notice at least 60 days prior to the renewal date. Written notice must be sent to Anntoine via email at info@anntoine.com. Marketing research and development will begin designated date. Marketing implementation will begin designated date.

Marketing Services Terms: This agreement becomes effective when signed by both parties. The contract length is 12 months for marketing services. Cancellation of the agreement for marketing services prior to the end of the term for any reason will result in an early termination fee. The early termination fee will equal the remaining monthly payments.

Website Subscription Services Terms: This agreement becomes effective when signed by both parties. The contract length is 12 months for website subscription services. The website subscription program contract auto-renews annually. A deposit of $399 is required before production can begin. After 30 days, monthly invoices will commence. You may cancel your website subscription at any time, however, if the cancellation occurs within the first year of subscription, you are obligated to buy out the remaining months of service. After the first year, you may cancel without financial penalty. In the event of cancellation after the first year, your website will be taken down and access to our services will be terminated.

Notice of Cancellation: To cancel your website subscription, you must provide written notice at least 60 days prior to the renewal date. Written notice must be sent to Anntoine via email at info@anntoine.com. No refunds will be provided for any remaining website subscription period if you cancel your subscription before the end of the current subscription term.

Upon acceptance of this proposal, an automatic payment form will be completed by the client. Monthly retainer fees will be charged on the 1st day of each month via ACH draft.

This Agreement shall be governed by, and construed in accordance with, the substantive law of the State of Louisiana regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. Any suit for any claim arising from or related to this Agreement shall be subject to the exclusive jurisdiction and venue of 21st Judicial District Court or 7th Ward Court, Tangipahoa Parish, State of Louisiana. In the event that an attorney is retained or any action, suit, or other proceeding is instituted to collect any amounts due under this Agreement, Anntoine Marketing + Design shall be entitled to recover reasonable attorneys' fees and costs from the client.

Acceptance of any quote indicates acceptance of these Terms and Conditions.