Terms and Conditions

AGREEMENT as of the date the proposal is accepted between the acceptor (herein referred to as the “Client”) and Stingray Branding, with respect to the creation of certain designs (hereinafter referred to as the “Work”) enters into a contract for the development of branding or marketing materials, advertising or marketing services, or marketing consulting services.

DESCRIPTION: Whereas, Stingray Branding is a professional design firm of good standing; Whereas, Client wishes Stingray Branding to create certain Work described more fully herein; and Whereas, Stingray Branding wishes to create such Work; Therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree to the services and prices stated above.

1. General Terms‌

1.1 ASSIGNMENT OF WORK: Stingray Branding reserves the right to assign other designers or subcontractors to the work to ensure quality and on-time completion.

1.2 GRANT OF RIGHTS: Upon receipt of full payment, Stingray Branding grants the client the exclusive rights to all finished Work to use as they see fit.

Client can use such works on all forms of media to include, but not limited to business cards, shirts, printed materials, and digital items.

1.3 DURATION: This contract remains in effect throughout the time Stingray Branding is performing services for Client.

1.4 CONFIDENTIALITY: Stingray Branding acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Stingray Branding on behalf of Client or disclosed by Client to Stingray Branding.

‌1.5 TRANSFER OF MATERIALS: Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by Client to Stingray Branding, Stingray Branding shall transfer, assign, and make available to Client all property and materials in its possession or control belonging to Client. Client agrees to pay for all costs associated with the transfer of materials. Any Eagle Ray website will be released and transferred with no additional costs. Any Smooth Stingray website that requests to be transferred requires a $299 transfer fee to be paid before the website can be transferred (within 10 days of payment) and all files will be provided in an HTML format not including any licensed stock images.

1.6 ADDITIONAL TERMS: none.

2 Costs

2.1 PAYMENT: Payment must be made in full at the time of signing this contract unless noted in section 2.1.1. Any fees or dues accrued during the project must be paid within five (5) business days upon project completion (the day Client says go live or Stingray Branding deems the Work suitable to be live/complete per Client requests being fulfilled and the reasonable industry standard). If a delayed payment method is established and Client is late paying, there will be a $50 late fee charge. This will also be charged if Client is ever more than 45 days late on any balance. After 60 days of being delinquent for any Stingray Branding owed dues, Stingray Branding reserves the right to suspend services and file legal action against Client for Stingray Branding owed dues, all legal fees, collection costs, and any late fees that are associated with the account.

‌2.1.1 PAYMENT SCHEDULE:

‌2.2 FEES: Functionality or feature requests above and beyond those listed in this contract and/or the functionality specs may be considered out-of-scope, and will be charged before Work is delivered to Client. Changes after the completion of any digital marketing items will be billed at the current hourly design rate.

2.3 REVIEWS/REVISIONS: While we find that most services are completed in the two rounds of review & revision, occasionally additional rounds are requested. We are happy to provide additional rounds of revisions; however, any hours accrued after the second set of revisions requested will be invoiced to Client at the time that the Work is deemed to be complete by Client or Stingray Branding.

2.4 DORMANT PROJECT FEE: We work hard to keep things on schedule and schedule resources around the timeline we propose. This takes a commitment from both the Client and Stingray Branding. Projects that go dormant for longer than 15 days may incur a $75 fee to resume work at the discretion of Stingray Branding. Client understands and agrees that no refund or credit will be given for any project that goes Dormant. Projects that go dormant for longer than 45 days are subject to being charged any difference in pricing at the time Work is resumed, which is being provided by Stingray Branding as outlined above.

2.5 ADDITIONAL SERVICES: Any Work that the Client wishes Stingray Branding to create that is not specified in the DESCRIPTION Section of this agreement will be considered an additional service. Such services will be billed to Client during the project and must be paid before the works are published. Any changes or requested work that is performed after the client states it is ok to make their Work complete/live will be billed at the Stingray Branding hourly rate.

2.6 CANCELLATION: Client has 24 hours from the time of signing this contract to inform Stingray Branding of intent to cancel the contract (via fax or email) or Stingray Branding shall reserve the right to retain all fees that have already been paid and to bill for any dues that accrued during the design process that we have not been compensated for. Client is further responsible for mailing a request to cancel letter via certified mail to Stingray Branding that is also postmarked within 48 business hours of the request to cancel the contract. Client must return all files, original artwork, any tools or works used to assist in the design of the Work, and any associated files to the agreement to Stingray Branding via mail or drop-off at our office within 30 days of canceling services with Stingray Branding. Both requirements—24-hour notification and mailing a certified letter within 48 hours — are necessary for fulfilling the Stingray Branding refund policy. Once the project has started, Client may terminate this agreement. Upon termination, Client will be responsible and agrees to pay all costs for services performed to date.

2.7 EXPENSES: Client agrees to reimburse Stingray Branding for any of the following expenses necessary or requested in completion of the Work: (i.e. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone).

3 Client Rights & Liabilities

3.1 PERMISSIONS AND RELEASES: Client agrees to indemnify and hold harmless Stingray Branding against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of, Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

‌3.2 COPYRIGHT NOTICE: Copyrights are released to Client upon full payment.

3.3 CLIENT RESPONSIBILITY FOR ACCURACY: You shall be responsible for the accuracy, completeness, and propriety of information concerning your products and services that you furnish to us, verbally or in writing, in connection with the performance of this Agreement.

3.4 RESULTS: Stingray Branding does not offer any guarantees of the return on investment of the Work. However, Stingray Branding will be available for ongoing support while Client is a client of Stingray Branding.

3.5 Project Timeline: Estimated project timelines are as follows:

• Graphic Design Works: 2 weeks;
• Website Design up to 5 Pages: 6 weeks. Each additional page/feature adds 3 days;
• Dashboard Mobile Apps: 4 weeks;
• Native App Wireframes: 4 weeks;
• Custom Apps: number of hours divided by 30 = the number of estimated weeks;
• Project Onboarding: 1 week;
• Social Media Post Creation & Scheduling: 2 weeks

from the date of payment & accepted proposal received by Stingray Branding. The established timeline is based on the work time of Stingray Branding and a response time of 24 hours by the client for Stingray’s requests to complete or progress the project. Estimated timelines do not include weekends or holidays. Any additional response time by the client will result in an extension of the estimated project completion timeline.

4 General Provisions

4.1 GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the State of South Carolina. ‌

4.2 REPRESENTATIONS & WARRANTIES

The parties each individually represent and warrant that each has full power, authority, and legally defined capability to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party. By signing this agreement, Client agrees that they have completely read, understand, and agree to all of the sections contained in this document.

4.3 ENTIRE AGREEMENT

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.

4.4 SEVER-ABILITY

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such an instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

5 SMS

5.1 SMS Message Types & Frequency
By registering, you agree to receive SMS messages regarding your account, project updates, service & support, account login communications, and marketing purposes. Message frequency varies, no more than 8 times per month. Message and data rates may apply.

5.2 Opt-Out and Help Instructions: 
To opt out of SMS messages, reply STOP at any time or text STOP to 843-480-4476, 470-785-2344, or (843) 755-6769. For help, reply HELP, text HELP to 843-480-4476, 470-785-2344, or (843) 755-6769, call us at (843) 480-4476, or info@stingraybranding.com.

5.2 Privacy Policy

Please review our Privacy Policy here: https://stingraybranding.com/privacy-policy/.