Terms + Conditions

Red Clay Creative aims to deal with its clients in a professional, timely, and favorable manner. By engaging Red Clay Creative LLC with their business, the clients will be accepting the following terms and conditions:

  • This agreement is between all individuals, clients, entities, or representatives of, under contract with Red Clay Creative, hereafter referred to as CLIENT, and Red Clay Creative LLC, hereafter referred to as CONTRACTOR.
  • All projects and agreements made between CLIENT and CONTRACTOR are to be in writing, email or text and agreed upon before any work is started.
  • Revisions or alterations to the scope of work or schedule may obligate the CLIENT to additional fees. These may include changes made after initial CLIENT approvals.
  • Extensive alterations, such as a change in marketing objectives or project goals, shall be considered new work and will require that this agreement be amended with a change order to reflect the revised scope of work.

Project Pricing

Project pricing will be based on the agreed-upon services between CLIENT and CONTRACTOR. Based on the scope of the project (deemed by CONTRACTOR) a deposit may be due at the time of agreement. Any remaining balance will be due on the date of delivery. This only applies to fixed-priced projects.

Managed services will be based on the agreed-upon pricing in which the first month’s payment is due upon agreement before the initiation of service.

Fee adjustments may be made due to rush delivery requests or prompt payment, as follows:

  • Urgent delivery requires a price increase of 30% of the total fixed fee

CLIENT understands if travel is needed, CLIENT will pay for additional travel expenses. Travel expenses include: Air, lodging, ground transportation, and food. These expenses are billed separately.

Confidential Information and Trade Secrets

CLIENT understands and agrees that during the term of this agreement, you will be entrusted with valuable confidential business and proprietary information. Unless authorized in writing, you agree not to directly or indirectly disclose any confidential business and/or proprietary information pertinent to Red Clay Creative LLC to any person or entity. In addition, you agree not to directly or indirectly use this information, except for your direct benefit.

Ownership & Usage Rights

Upon receipt of full payment, all Work Product shall be the sole and exclusive property of CLIENT and CONTRACTOR does hereby assign and transfer all of its right title and interest in such Work Product to CLIENT. All Work Product which constitutes original works of authorship arising in any manner from the performance of Services shall be the sole and exclusive property of CLIENT as “works made for hire”. CONTRACTOR reserves the right to reproduce any and all content created in print and electronic media for CONTRACTOR’s promotional purposes.

Errors

CLIENT has the responsibility to proofread and review all work produced during and after the project. As a result, the CLIENT is fully responsible for any errors in spelling, typography, illustrative layout, photography, video, or other errors discovered after printing or production or for any work performed by third-parties selected by the CLIENT. If such errors arise before completion, corrections will be made to fit CLIENT expectations.

Cancellation

All project agreements can be canceled by either party at any time by giving at least thirty (30) days written notice. This notice can be sent to info@redclaycreative.com. Cancellation will be deemed effective upon the CONTRACTOR’s receipt of notice. Upon cancellation, the CLIENT will be billed one final payment. This payment amount is equal to the regularly scheduled monthly payment. CLIENT will then have 30 days to acquire control of any accounts that have been setup on its behalf. CLIENT will be solely responsible for any costs in transferring domains. All applications, features, functionality, and support will be available during the 30-day transition period. At the end of the 30 days, all data files, or other information that is stored in the CLIENT’s account will be permanently deleted.

Hold Harmless

CLIENT agrees to defend, indemnify, and hold harmless our company and its affiliates from and against any and all claims, actions, losses, damages, liabilities costs, and expenses (including reasonable attorney’s fees) that results from or arises out of directly or indirectly any injury or damage that occurs in connection with this agreement.