TERMS
LEGAL CLAIM NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW.
ELIGIBILITY
Our white-label partners are accepted after application and interview. Partner companies must be full-time businesses, have been in business for 3-consecutive years and have a client roster of at least 5 clients.
PAYMENT
As a partner company you agree that all orders placed on behalf of your clients are payable entirely by you. It is your responsibility to provide payment to us, whether or not your client pays you. All billing to your end client is managed by you. Jonas Music Services will bill you; we never bill your client. You are free to mark our services up as it best works for your market, but you invoice your own clients. Most of our projects are flat-rate and include fixed resources (ie. hours of design, hours of training, etc.). We will alert you in writing when a project is at 80% of budget. Should your client cease to pay, no refunds on work completed apply. Hosting fees can be cancelled upon request. Fees for hosting services delivered to date still apply. Websites or EPKS taken offline will be backed up for future use. A fee to reinstate websites and EPKs at a future date will apply.
AVAILABILITY
After we discuss your project we will check our production calendar and indicate our availability and estimated production turn-around time. We can not always guarantee a project opening but we work diligently to meet deadlines and place partner work as our priority. We will always let you know what is feasible in terms of team availability so you can communicate to your client and set up a production plan.
AVAILABILITY
After we discuss your project we will check our production calendar and indicate our availability and estimated production turn-around time. We can not always guarantee a project opening but we work diligently to meet deadlines and place partner work as our priority. We will always let you know what is feasible in terms of team availability so you can communicate to your client and set up a production plan.
TRANSPARENCY & COMMUNICATION
We can communicate directly with your client and resolve issues using a branded email address with your company name, ie.: yourcompany@promarketing.team. We do NOT offer a direct phone line for partner company end clients to call us directly. Phone calls for partner company end clients are managed by appointment only. We use an unbranded online meeting application with conference call functionality to speak with your clients. Please do NOT give out our main phone number to your clients or the white-label relationship will be breached.
As we work with your clients, we will be as transparent as possible. We will cc you on relevant emails so you can see how your pro marketing team is handling your client's needs -- in a polite, timely and efficient manner. We will also reach out to you as needed to address any client issues that may arise. As a partner company communication between us is critical to your client's projects success. We will always reach out as needed and appreciate a partner company who works with us to resolve any client issues that may arise.
We can communicate directly with your client and resolve issues using a branded email address with your company name, ie.: yourcompany@promarketing.team. We do NOT offer a direct phone line for partner company end clients to call us directly. Phone calls for partner company end clients are managed by appointment only. We use an unbranded online meeting application with conference call functionality to speak with your clients. Please do NOT give out our main phone number to your clients or the white-label relationship will be breached.
As we work with your clients, we will be as transparent as possible. We will cc you on relevant emails so you can see how your pro marketing team is handling your client's needs -- in a polite, timely and efficient manner. We will also reach out to you as needed to address any client issues that may arise. As a partner company communication between us is critical to your client's projects success. We will always reach out as needed and appreciate a partner company who works with us to resolve any client issues that may arise.
We reserve the right to refuse projects if clients are threatening or disrespectful to our pro marketing team.
PROOF APPROVAL
After every design or copy alteration a partner company will receive a proof for approval. Revision requests must be submitted via writing in the online proofing webpage. Proof revisions will not be accepted by phone or e-mail. It is the partner company's responsibility to share these proofs with your client, collect revisions, and enter revisions via our website. Thank you!
After final proof approval, we are NOT LIABLE for errors in a final product caused by any of the following: Misspelling, Graphics, Grammar, Punctuation, Incorrect Dates, Copy Information Omissions or Errors, Graphic design style, font size, color selections or any other visual or copy content.
By approving the final project proof you verify that spelling and content are correct and that you are satisfied with the project. You understand that your document will print, be visible on the web or be reproduced in print EXACTLY as it appears in your proof, that you cannot make any changes to an order once placed, and that you assume all responsibility for typographical, content and layout errors. If your project is printed elsewhere we are not responsible for print quality.
If you do request that changes be made to your proof after approval and before publication, print or upload, additional fees and production time will apply. Please contact our main office for details.
CLIENT CONTENT
Partner company agrees to provide the materials requested by our marketing team including high resolution (1500 x 2100 pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials our marketing team requests in order to complete project(s). If partner company is unable or unwilling to provide work materials to our team we have the right to refuse project(s).
You agree that you have obtained the requisite copyright permission from the photographer(s)/artist(s) /designer(s)/writer(s) to reproduce materials that you supply to us. Our company shall not be liable for any copyright infringement for graphics or copy you provide to us.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that our company has the right (but not the responsibility) to remove any content that violates the terms of service or may otherwise be objectionable, indecent, threatening, treasonous, resistant to any law of the United States, defamatory, or that infringes the intellectual property rights of another. You also agree that we may disclose content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary in order to comply with legal process.
INACTIVE PROJECTS
All projects will be considered inactive until partner company provides payment, high resolution (1500 x 2100 pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials that our marketing team requires in order to complete the project(s).
Inactive projects due to proof inactivity (proof is issued but partner company does not respond) or pending materials (necessary materials requested by our team to complete project are not forwarded by partner company) will:
A – be subject to revised production schedules as determined by our marketing team when we do not hear back from the partner company within 45 days on a proof or required materials. Because our team regularly accepts new projects, delays on the part of the partner company may cause numerous project deadlines to collide. As a result, we reserve the right to revise production schedules for projects inactive for 45 days or more.
B - incur a $50 reactivation fee when inactive for three (3) months or more.
C -When projects are inactive for 3 months or more (proof is issued but partner company does not respond OR necessary materials requested by our team to complete project are not forwarded by partner company) we reserve the right to either (a) cancel the project or (b) amend pricing schedule to reflect current production costs, whichever the partner company prefers. If a project is cancelled, we would refund to the partner company any unused fees after payment for work-completed-to-date is deducted. No refunds for completed work will be issued on inactive projects.
If a website project includes data entry work and is inactive for more than 3 months days pending content for data entry, our company reserves the right to release the website control panel (content management system or ADMIN) passwords to the partner company so that THEY may complete data entry at their leisure, with no data entry refund issued. A hosting fee would then apply. At that point we would collect an additional fee for any data entry work required by the partner company. If a website project includes data entry work to be completed by the partner company, we will allow the partner company 30 days of free hosting after the date when the site is complete and control panel passwords are provided. During this time the partner company may upload their content themselves. After those 30 days hosting will apply even if the partner company uploads are inactive and even if the site has not gone live pending their uploads.
LIMITATION OF LIABILITY
In no event shall our company or its affiliates, vendors, officers, directors, employees, or free-lance agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages resulting from loss of use, data or profits, arising out of or in connection with the use or performance of the web site or of failure to provide services that you order from our team, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall we be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
PROJECT INCLUSION
The quote or invoice you receive outlines the products and services included in your project(s). Project descriptions explain the products/services our company provides. Should your project require additional services not expressly included in your package invoice additional fees WILL apply. These excluded services include but are not limited to: rush service, data entry work, additional rounds of graphic design, additional rounds of copy editing or proof reading, photo scanning, photo color correction, photo editing, photo special effects, photo re-sampling (for low resolution files), photo retouching, audio mastering, audio editing, logo creation, logo editing, and logo re-illustration, video editing, video file conversion, art releases and marketing consulting not directly related to your product or service such as brand strategy, advertising strategy, search engine optimization, general marketing advice, or technology consulting services relating to media file preparation, domain strategy, e-mail, basic computer use, etc. Additionally, changes to the initial project specifications (contained in partner company project questionnaire or invoice) or to project as discussed in your consult (if applicable to your project) will require additional production time and fees. Please note that art releases (high resolution flattened jpeg or png design files) are never included in project outlines but MAY be available at our discretion and will incur a nominal fee covering time required to prep art, export files, post on server, and provide partner company access. This fee may vary from $25 upwards depending on the nature of the file preparation and release, to be determined by our team. Our company retains all rights not expressly granted to our partner company. Fonts are not included in releases as we do NOT own copyrights on font files.
COLOR PROOFING, COLOR MATCHING, FOLDS
To make projects affordable, our team uses uses Gang-run printing. This is when different customer jobs are combined on a large print sheet, and run at the same time. This process allows us to spread the expensive initial setup cost among multiple customers. We will try our best to match the gradient density of each color, however, our company is not liable for the variations among color hues. To keep production costs low our print division uses automated folding rather than hand folding. We take extreme care to match folds, however, slight variations may occur during folding.
RETURNS AND REFUNDS
You must notify our company within 6 business days of order acceptance to report defects. In order to receive replacement Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
PROJECT SHIPPING AND DELIVERY
Our marketing department works diligently to ensure that production difficulties do not delay delivery schedules. In no case shall we be liable for any consequential or damages resulting from shipment, mailing or delivery delay.
You agree not to hold our company liable for project, mailing or delivery delays caused by inclement weather, shipping or mailing company delays, or other circumstances beyond our direct control. Our shipment, mailing and delivery dates are calculated based upon estimates provided by our suppliers.
Our marketing team will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the project process. In case of delay caused by technical difficulty, rush charges/fees (paid in addition to basic project pricing expressly for expedited service) will be refunded or waived where applicable.
SHIPPING ERRORS & LOST PACKAGES
Our company is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the returned package with corrected address and charge an additional shipping fee for the shipment.
PORTFOLIO RIGHTS:
Our company retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our pro marketing team design portfolio and website solely for the purpose of promoting or exemplifying the creative work of our team, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, we retain nonexclusive copyright in and to the preliminary works and the final design.