Terms and Conditions
Quotations are based on Specialized Marketing Services, Inc.
(SMS), performing all services and providing all products detailed in the quotation unless otherwise stated.
If the client agrees to proceed with only part of these services and/or products SMS reserves
the right to revise quotations. All pricing is within +/- 10%. If for any reason during production
of this job the costs appear to be over 10%, a new quotation will be submitted. A cancellation
fee will be assessed and applied to programs/projects that for any reason are cancelled prior
to completion. All quotations are valid for thirty (30) days. Any taxes, shipping and
handling, delivery and/or rush charges will be additional.
We reserve the right to revise quotations based upon client-directed changes,
additions and/or deletions. Any client-directed changes to the project specifications
as designated herein may also result in increased creative and production charges,
and/or programming, account management or administration charges. Design and copy
costs may be re-evaluated upon receipt of final client directives. Design costs include
one major revision, and two minor revisions during the development phase. Comps will
only be submitted upon agreement that we are awarded the complete project. Comps that
are submitted for projects that we are not awarded, will be billed for labor and concept
at the appropriate rate, and will remain the exclusive property of SMS. Any stock photography
not outlined in the quotation, along with any set ups, clean ups, and/or positioning scans or
prints, if needed, will be additional.
Charges will be applied for any electronic or data storage media in order to
transport and/or archive art files. All art files will be archived for a period
of eighteen months, unless otherwise stated or specified, at which time files will be deleted.
All quotations are valid for thirty days from the date of quotation unless otherwise
specified, after which time we reserve the right to re submit our quotation.
Projects will commence upon receipt of your signed agreement and, if applicable, a 50% job deposit.
Any taxes, shipping and handling, shipping materials, delivery and/or rush charges will be additional unless otherwise stated.
All estimated postage and media placement costs are due 100% in advance.
SMS reserves the right to review the client's credit record periodically based on the management's discretion.
Normal credit terms are net ten days. Past due accounts are subject to a late payment finance charge
of 1.5% per month on the total past due amount. The client will pay for any charges
incurred in the collection of outstanding amounts, including court costs and attorney fees.
In the event of any dispute, all parties agree that they will voluntarily submit to
binding arbitration in the State of California by the American Arbitration Association,
or any other mutually agreed upon arbitration board, upon which judgment may be obtained
and enforced under the laws of any state in the United States. Such arbitration shall be
the sole exclusive and final remedy available for any dispute. The prevailing party is also
to be awarded all reasonable legal and related costs required to assure the enforcement of this agreement.
By signing quotations you indicate that the execution, delivery and performance
of the quotation has been duly authorized by you and your company or organization,
making this agreement valid and binding in accordance with its terms. If the specifications on the
quotation accurately represent your understanding of the project, and you accept these Terms & Conditions,
please sign the quotation to indicate your agreement and return to us as soon as possible.