Terms & Conditions

Let’s Do This. You are officially considered a client of Laser Image Marketing when we have received both (1) a signed contract and (2) a paid invoice. Payment is required in order to reserve our services and your desired date. Following completion of these two items, we will make the arrangements necessary to begin rendering services on your desired start date and to schedule our first Strategy Session.

Strategy Session. During this initial session we will meet in person or via Google Meet (or other conferencing software) to discuss your brand strategy & goals, specific timeline/schedule, and any other details you believe we need to be aware of. We will also inform you of any information we need collected in order for us to begin the project.

Term of Relationship. Client understands that once a start date is reserved, the relationship will continue until the project is complete per the timeline outlined in this Agreement.

Confidentiality. Both Client and Company acknowledge and agree that any information, proprietary or otherwise, relating to the other party’s business which is not known to the public is to remain strictly confidential. Neither party will disclose such information to third parties without prior written consent.

The business and operating practices of both parties shall not be made public by either party on any website, online forum, social networking site, message board, or any other public media without the express, written consent of both parties.

Refund Policy. Client understands that due to the nature of the services provided, no refunds can be made. Should Client have concerns about the fees assessed, Client agrees to communicate with Company directly in order to address any issues. Client agrees to not initiate payment disputes through Client’s banking institution.

Client agrees to not initiate any payment disputes at any time to Company’s account through Client’s financial institution. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on chargebacks and any collection fees associated with such an event.

Continuity. During the rendering of the above-described services, services may not be “paused” or placed on hold. Likewise, early cancellation of this Agreement during the service-rendering is not permitted; should Client decide to no longer work together, Client is still liable for the full amount of the contract.

Review of Completed Work. If your approval is requested on certain materials, Client agrees to review the work and content produced and to provide feedback and/or approval in a timely manner. For purposes of this Agreement, a response should be provided within 24-48 hours of receipt. If no response is provided, Company will understand this to mean that Client provides implied approval.

Providing Materials. You agree to provide us with the information and files that we’ll need to work our magic, including any imagery, written text copy, or additional information/files needed.

Visual Content. If Client requests that Company search, locate, and purchase appropriate stock imagery licensing for content creation purposes, that expense will be charged to the Client’s payment method on file. Client will receive an invoice or receipt via e-mail for these charges.

Ownership or Licensure. Company agrees to use only copyrighted works owned by Company or Client. In the event that Company uses copyrighted content created by third parties, Company will ensure that a valid license from the copyright owner is secured in order to use the content in a commercial manner. Client agrees to provide Company only with content Client owns or has a valid license to from the copyright owner for commercial use.

Client agrees to hold Company free from any liability and agrees to indemnify Company in the event that Client provides Company with infringing content for use in its website, brand, or content.

Client is responsible for completing any necessary trademark clearance searches. In the event that Client discovers his or her brand name is unavailable due to trademark infringement reasons, Client understands that an additional fee may be required to revise the completed work. Such quotes are provided on a case-by-case basis.

Account Creation & Access. Client may have an existing account(s) on a hosting platform; if so, Company will work within those parameters. If Client wishes to have an account created, Company may create one on Client’s behalf. Client agrees to provide Company access to the necessary domain/hosting/management platforms via LastPass or directly via e-mail, if necessary.

Client understands it is Client’s responsibility to provide platform access to Company in order for services to be rendered fully.

In the event that a password changes and access is terminated, Client agrees to notify Company immediately via e-mail and to grant access to the new log-in information within 24 hours.

Client understand that Company is not a website or email hosting provider and is not responsible for hosting the website at the conclusion of this project.

Start Date. Any delay in providing Company account access and/or providing the additional materials/information necessary to begin the project may result in a delay of the start date. Client agrees to make reasonable efforts to avoid delay and provide the information in a timely manner.

Communication in our relationship is of the utmost importance. When your project starts, it is vital for both parties to stay in contact and respond to e-mails promptly (within 24-48 hours). All communication will take place via e-mail, text, or recorded virtual call. If there will be a time that either the Client or Company will be unavailable (vacation, illness, etc.), that needs to be communicated and a check-in date established.

Lack of Communication. Any communication/feedback delays that last more than 7 days will add a “holding fee" of $100 per week to Client’s invoice. If Client does not respond or communicate within 21 days, the project will be suspended, and there will be a $250 restart fee to resume the work. Rescheduling and payment of these fees will be required for work to pick up again and will be based on Company’s availability. All open invoices will stand as is at that time. Payment plan schedules will not be paused for any reason.

Company will make every effort to keep the project on schedule, however, this is dependent on the input and communication by Client.

Let’s Chat: The best way to reach us is via e-mail.

Our contact info is as follows:

E-mail: bruce@laserimagemarketing.com

Social media should not be considered a reliable form of communication for purposes of this Agreement.

Hours of Operation: Company operates from 9:00am to 4:00pm CT, Monday through Friday. E-mails are welcomed during these hours. Communications received outside of business hours will be acknowledged as soon as the next business day. Exceptions may be made at the discretion of Company in unique or emergency situations.

You understand that under law, signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect as an original handwritten signature in ink.

Delivery of Digital Data. Deliverables (source files and finished files) will be made available to Client via e-mail and/or the Client Portal. Client agrees to keep these files somewhere safe. Company is not required to keep a copy of these files for longer than thirty (30) days after the completion of the project and delivery of the files.

Mobile Browser Testing. Browser testing using smaller screen devices is essential in ensuring that a user’s experience of a design is appropriate to the capabilities of the device being used. We test our website designs in the following browsers:

- iOS 9: Safari, Google Chrome

- Android: Google Chrome

We don’t test in Blackberry, Windows devices, or other mobile browsers, unless agreed to separately and in writing. If you need testing in a special browser, please let us know and a separate quote will be provided for such a service.

Client Portal. Client may be granted access to an online Client Portal which will be accessible by Client using Google Drive shared access permissions. Client agrees to maintain security with respect to the Portal (not sharing access permissions with third parties not party to this Agreement) and to immediately notify Company in the event that there is a breach of/unauthorized access to the Portal.

Written & Visual Content. Company expressly grants a transfer of the copyright ownership to Client in the website and all designs/content created by Company under the Agreement.

License to Client. As our client, you are provided a commercial license in the use of the content (both written & visual) produced prior to our work together. As our Client, you have a license to:

o Use the content for as long as you’d like, wherever you’d like, and whenever you’d like, so long as it is within the context of the commercial business and services at hand.

o Reproduce the content for purposes of marketing within the same company and for identical services listed in this Agreement.

Limitations on Usage. As indicated, the license provided to you, while vast, does come with some limitations:

Client cannot sell or sub-license Company’s designs or content to a 3rd party (i.e., selling designs/content to another entity, allowing another entity to use the produced designs, regardless of monies exchanged, to permit others to use content for commercial purposes, or directly profit from the content in any way outside of the business the designs/content were produced for originally).

Clients cannot use produced designs or content to promote different products/services they sell in a different business. Client may not allow others to do the same.

Client cannot imply anyone other than Company produced the designs or content.

Client cannot use the designs or content in an illegal manner.

Client cannot use the designs or content to slander or otherwise damage Company or owners and/or representatives of the Company personally.

Transferability. Client cannot transfer this contract to any other entity or individual. Any potential transfer may only take place with the written permission of Company.

Client Features. Company may decide to feature Client has part of its Portfolio, on its website, social media channels, etc. Client agrees to allow Company to share its likeness and general success, unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all confidential information.

Termination. Should the Client decide to terminate the Agreement, with or without cause, Client understands that Client will remain liable for the full amount of the contract. For purposes of this Agreement, written notice of termination may be provided via e-mail at the following e-mail address: bruce@laserimagemarketing.com

In the event that this relationship is terminated prior to the completion of the project, Client will provide access to the completed work upon receiving payment of the remaining amount due under the contract. Client agrees that he or she is entitled to no refunds under this Agreement.

Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.

Taxes & Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

The laws of the state of Louisiana will govern the validity, construction, and performance of this contract. Any actions relating to this contract will be handled in courts serving St Tammany Parish, Louisiana.

In the event of a dispute, the first course of action to be sought by either party, after making a good-faith and reasonable effort attempting to resolve the matter amicably, shall be mediation with a mutually agreed upon mediator. Parties shall share in the costs.

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.

Company cannot guarantee or provide any warranty, express or implied, with regards to any specific results or outcome. Examples of results obtained for other clients of Company may be used for demonstrative purposes only and should not be understood as a promise of future or potential results.

If Client does not make payment as outlined in this contract, Company is then released from any further responsibility, and will keep any past payment that has been made. Outstanding invoices will remain due.

Compliance. It is possible that Client’s hosting provider/platform may terminate Client's account due to noncompliance, whether due to a change in the platform’s terms and conditions or due to use of or activity associated with Client's website, by the Client or at Client's direction, that is noncompliant with the platform’s terms and conditions. Client understands that under their terms of service most online platforms reserve the right to arbitrarily terminate an account without prior notice and without providing a specific reason.

Client agrees to hold Company harmless in the event of Client's account being terminated. In the event that this happens, Client agrees to attempt to re-activate the account or to set up a new account and to allow Company to continue its work under this Agreement. An additional fee may be determined at that time in the event that a complete set-up is necessary by Company. Company agrees to cooperate and reasonably assist to the best of its ability in getting such account reactivated or a new account set up, but Company provides no guarantees that such efforts will be successful. If Client is not able to get its account reactivated or a new account set up or chooses not to do so, Client agrees to indemnify Company and not hold Company liable for any losses Client may suffer as a result.

To the extent allowed by law, Client agrees to hold Company harmless from any and all liability, damage, cost, and/or expense arising from claims of injury to individuals or damage to property caused by our conduct arising from the terms of this Agreement. This “hold harmless” provision will not apply if injury or damage is caused by Company’s willful misconduct or gross negligence.

We take great care when creating content as well as when implementing, managing, and transporting deliverables/digital data. In the event that we cannot meet the terms of this Agreement due to accident, error, negligence, or any other circumstance, then our liability will be limited to the amount of money that you have paid us.