Thank you for partnering with Infuze, LLC and our subsidiaries (DesignFixx, GoPrezo, Fork & Flight, Loop Workshops, Pix + Post, and SAMI Social) for your marketing needs! (Note: in the rest of this document, “Infuze”, “we”, “us” represents Infuze and all its subsidiaries)
We’ve learned that success in any project starts with setting clear expectations for both parties beforehand so we have pulled together the following agreement as an opportunity to ensure that we are on the same page. You will find the Scope of Work (SOW) for the agreed upon services to be performed at the beginning of this document.
As legal documents tend to be, these terms and conditions may tend to read austere and impersonal. Be assured that we’ve not attempted to hide any zingers in the fine print. We recognize the importance of such documents and ask that you read this carefully before signing the agreement. If you have any questions, or if for some reason these terms and conditions would prevent you from working with Infuze, please contact me directly: Stacey Divine: 916.662.8282
A copy of our full terms and conditions can be found at www.infuzemarketing.com
Payment Terms for each service vary slightly, so here is a breakdown of each services payment process:
Infuze requires 50% of the project cost up front before work will be started. Remainder of payments due will be divided by timeline allocated for the project(s) and billed on the first of each month. All payments are due within 30 days of receipt of an invoice. Retainer clients payments are due on the first of each month. We understand that unforeseen issues come up, so we simply ask that you pay fees relative to work completed should you cancel or place this project on hold (whether by request or 30 days of inaction). We ask that any cancellations be made in writing 30 days in advance (effective the first day of the month following cancellation). Retainer clients are asked to pay 30% of total remaining fees if contract is canceled in advance. Should cancellation be requested a transition plan will be provided to client within 48 hours of written notice. If a payment is going to be late, simply let us know by sending an email. Otherwise, our accounting system automatically charges a 1.5% late fee.
The client signing this agreement makes a personal guarantee that payment will be made as outlined. Note: We sincerely hope this never happens to your company, however, if your organization files for bankruptcy or for any reason is unable to pay for our contracted services, Infuze will take legal action to collect all remaining debt.
Payment for individual pieces under the categories “Easy Fixx” & “Little More Muscle” on Site must be paid in-full before the design process begins. If you are unhappy with your design after all revisions and you have not downloaded the files, we will offer you a full return.
For our “Monthly Unlimited” option, clients will be automatically charged in-full at the beginning of the month. You are free to cancel your subscription at anytime by emailing email@example.com, and charging of your account will cease. If you decide to opt-out mid month, you will still have access to services for the rest of the month that has already been paid for.
Each project through GoPrezo requires a $250 deposit upfront. We will apply the deposit towards your final payment, where the remainder must be paid in full before download of final project. If you are unhappy with your design after all revisions and you have not downloaded the files, we will offer you a full return.
Any additions you would like to add to your presentation after your final round of revisions or after the download of your final presentation will be charged $25 per slide.
Fork & Flight and Loop Workshops
All event ticket payments will be processed through Ticketspice. We will issue a full refund for tickets if requested before the day of the event.
Pix + Post
Payment for photos must be processed before download of photos. Refunds for Photos will only be issued if there is a technical problem preventing the successful download of the Photos. This may include a corrupt file, unexpected removal of file, or site technical difficulties. Refunds cannot be issued for your technical problems, including browser, compatibility, or connectivity issues.
Payment for a month's worth of services must be paid in-full before services begin. Each month, you account will be automatically charged at the beginning of the month. If you wish to cancel services, please send an email at firstname.lastname@example.org and charging of your account will cease. If you decide to opt-out mid month, you will still have receive services for the rest of the month that has already been paid for.
If you purchase a 12 month contract and wish to cancel at any time within the contracted year, you are responsible for paying the remainder of the contract.
For advertisement, we charge a 25% of your ad budget fee, which must be paid in-full before the service begins. For clients looking to spend $10,000/month or over, we offer a lower percentage fee, please contact email@example.com for more information.
Interested in utilizing influencers for your marketing needs? Our $250 fee must be paid in-full before we negotiate with an influencer. Please note that this $250 does not apply towards the cost of hiring the influencer, and that it only pays for us finding and negotiating the best service for you with said influencer.
Contracts can be terminated at any time by either party. Once this Agreement is terminated, we will refund any unused portion of the advertising budget to Client.
Once the initial question form is filled out, all appropriate materials are uploaded (existing presentation, content, etc.), and payment has been processed, you will receive your first draft of design or presentation within 2-3 business days.
You will receive two rounds of revisions, where you will provide clear, concise direction on the changes you would like to see to your design or presentation. Once our designer is clear, you will receive your second and final draft within 1-2 business days.
For Designfixx, all projects will be sent in PDF via email. You will receive your final files via hightail in PDF. For a logo, you will receive an .eps, jpeg and .png. Other formats (excluding native files) are available upon request.
For GoPrezo, projects will be sent as a .PDF when in drafting phases. Once project is finished, you will receive it as either a .PPT (Powerpoint) or Google Slides, along with a final .PDF version.
When providing images and content for you design or deck, if the quality of the image is too low, we will either request a higher quality version of the photo, a different photo, or there will be an additional cost for our team to enhance the photo to a usable quality.
If you wish to use stock images, there will be an additional cost for our team finding the stock images and the cost of purchasing the selected images. Infuze, LLC and our subsidiaries will adhere to the terms of service and usage requirements set by the company who owns the image(s).
Anything requested as last minute items that need a 24 hour turnaround time will incur a “Rush Fee” of $250.00 per day.
Pix + Post
Removal of Photos
Pix + Post reserves the right to demand that you cease any use of a Photo that violates this License Agreement. In addition, upon notice from Pix + Post, or upon your knowledge, that any Photos may be subject to a claim of infringement of a third party’s right for which Pix + Post may be liable, Pix + Post may require you to immediately, and at your own expense: cease using the Photos, delete or destroy any copies; and ensure that your clients, distributors and/or employer do the same. Pix + Post will provide you with replacement Photos (determined by Pix + Post in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement. Pix + Post may discontinue licensing any item of Photos at any time in its sole discretion.
Ownership and Attribution
Pix + Post owns the Photos. All rights not expressly granted in this License Agreement are reserved by Pix + Post. You do not need to include a photo credit for editorial use, but if you are using Photos for commercial purposes, you must include the following credit adjacent to the Photos: “©  Pix + Post”.
You can terminate this License Agreement at any time by ceasing use of the Photos and deleting or destroying any copies. Pix + Post may terminate this agreement at any time if you fail to comply with any of the terms, in which case, in addition to any legal remedies available to Pix + Post, you must immediately: cease using the Photos; delete or destroy any copies; and, if requested, confirm to Pix + Post in writing that you have complied with these requirements.
Restrictions on Use
- You may not use the Photos in a pornographic, defamatory, fraudulent, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights.
- You may not use the Photos in a manner promoting violence, discrimination, or illegal activity.
- You may not use photos featuring models in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or that would be unflattering or unduly controversial to a reasonable person.
- You may not use Photos in any way that allows others to download, extract, or redistribute Photos as a standalone file (meaning just the Photo file itself, separate from the end use).
- You may not use Photos as part of a trademark, design mark, tradename, business name, service mark, or logo.
- You may not falsely represent that you are the original creator of a work that is made up largely of licensed Photos.
- You may not use Photos in connection with any goods or services intended for resale or distribution where the primary value lies in the Photos itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products in which Photos are selected by a third party for customization on such product on a made-to-order basis.
- You may not use Photos in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
- If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license a Photo as part of a derivative work (for example an advertisement) to your clients.
As noted above (see SAMI Social under Payment Terms), this service is the negotiation between Infuze and an influencer. You are able to choose Influencers for us to target or we can choose them from our research of your brand. We do not guarantee partnerships between you and an influencer, but we will do our best to align the right people for your company.
For social media management, a 4 hour photoshoot during business hours every month is built into your contract. This is essential to capture original content for your brand. This day should be agreed upon and scheduled at the beginning of each month, and should take place about a week before the end of the month. If you would like to schedule your photoshoot in the early morning or after 7pm, we can accommodate this with an additional fee. You may Additional photoshoots or time can be purchased for an extra charge.
Designfixx GoPrezo Our photography and/or videography is available for purchase across all of our services.
Dates for production are agreed in advance and confirmed by you. If these dates are cancelled by you, the following charges will apply
a. Within 7 days of shoot date – $250
b. Within 48 hours of shoot date – 50% of daily shoot rate
c. Within 24 hours of shoot date – 100% of daily shoot rate (Taken from other contract)
Where the shoot shall take place at your premises or a location designated by you, you are responsible for ensuring the location is safe and that adequate insurance is in place.
If you would like to schedule your video shoot in the early morning (before 9am) or after 7pm, we can accommodate this with an additional fee.
We are open to requests, so please contact us at firstname.lastname@example.org for any ideas that are outside of our offered service for a custom quote.
By using the Site or the Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms.
As between Infuze and Client, Infuze is the sole and exclusive owner of any and all Infuze Products and its Intellectual Property Rights contained therein. “Intellectual Property Rights” means any and all rights existing from time to time in any jurisdiction under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, or other similar rights existing anywhere in the world.
Client grants Infuze a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable right and license, to use and reproduce Client’s trademarks and intellectual property (the “Trademarks” or “Intellectual Property”) in any reasonable manner in connection with the advertising, promotion and marketing required to achieve the services in this Agreement. This license will be terminated immediately upon termination of this Agreement.
Client Representation Client represents and warrants to Infuze that: (1) Client is the sole owner of its Intellectual Property; (2) its Intellectual Property does not violate any patent, copyright, trademark, trade secret, or other rights of any third-party, and (3) Client has full the right to enter into this Agreement, is authorized to grant the rights set forth herein, and that the consent of no other party is necessary.
Limited Liability Should an error appear in an advertisement, Infuze disclaims any and all liability. Infuze will not be liable for any delays in delivery, and/or non-delivery, in the event of an act of God, network difficulty, electronic outage, hosting outage, feasibility or reliability of the Infuze website, and the feasibility or reliability of any third party website, server, or technology. In no event will Infuze be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or other non-performance related to the SAMI Social website.
UNDER NO CIRCUMSTANCES WILL INFUZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF INFUZE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
This Agreement constitutes the entire agreement and understanding between the parties in connection with the transaction hereby contemplated. This Agreement supersedes all previous agreements, arrangements and understandings between the parties with regard to such transaction which shall cease to have any further force or effect.
No Assumption of Liabilities
The parties agree that Infuze will not acquire, assume or otherwise become responsible or liable for any debts, liabilities, taxes or obligations of the Client to any person or entity, whether fixed or contingent, known or unknown, choate or inchoate, liquidated or unliquidated, secured or unsecured or otherwise including, without limitation, obligations and liabilities arising as a result of any legal or equitable action or judicial or administrative proceeding initiated at any time before, in respect of anything done, suffered to be done or omitted to be done.
The Client shall be responsible for all taxes, liability claims, and all other duties of service owed to their customers. Infuze bears no liability over instances relating to the business of the Client.
Client agrees to indemnify, defend, and hold Infuze harmless from and against all costs, fees (including attorneys’ fees), expenses, liabilities or claims incurred, suffered by or asserted against it arising out of or in any way connected with Client’s products or services.
BOTH PARTIES DO NOT MAKE AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE OF AD CODES OR ANY OTHER TECHNOLOGY OR SERVICES PROVIDED BY CLIENT OR INFUZE, OR ANY OUTPUT OR RESULTS THEREOF. PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This Agreement shall be treated as though it were executed and performed in California, and shall be governed by and construed in accordance with the laws of California (without regard to conflict of law principles).
THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN SACRAMENTO, CA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
If any provision of this Agreement is held unenforceable, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- All Infuze designs, whether it be website or print, consist of 3 different watermarked concepts presented to the client in jpeg formats. A final choice is made from there and 3 refinements will be provided to that design only. All final artwork will be provided in a PDF print ready format upon approval.
- Infuze understands that clients sometimes need more than the standard 3 revisions offered in the contract. We are more than happy to provide a few additional revisions at our hourly rate (see rate sheet).
- Infuze will retain all electronic source files for work we create, and because we are so proud to represent our clients in the market, we reserve the right to use project imagery for our own self-promotion purposes and portfolio, including online and print reproductions of our work.
- We are happy to provide final PDF electronic files of work provided under agreement one time at no charge on a flash drive or uploaded to your server for your future records. Additional requests of files for client work can be provided for a charge of $125.00 per flash drive. Also, we understand how artwork and files can be lost to a client looooong after we have worked with them, but we have to free up our storage and server space to make room for current clients projects, so please note that Infuze will delete all files after 3 years of inactive work with previous client.9, 2
- Photoshopping, photo editing and photography are not included in graphic design services unless otherwise noted in the scope of work.
- A picture is worth a thousand words and we ask that both be provided by our clients if outside the SOW (that would be high resolution photography and copy/content where needed). We recognize that time is not always of the essence for our clients, so should you need us to produce or provide either service, we will gladly do so for an additional fee*.
- We ask that you pay print, logo item and media companies directly. We’ll gladly manage the details on your behalf with your chosen external firms at no extra cost though! As a side note, Infuze has vendors we can recommend and negotiated pricing we are happy to pass direct to our clients upon request.
- Infuze does not provide copyrights or patents but we are happy to recommend our stellar legal counsel should you need additional advisory or consulting support at any time.
- We know that timelines sometimes need to be altered for one reason or another, so we are always happy to be flexible, however our initial timeline for any project is outlined with the assumption that our client will provide us with the required information and resources as outlined in the SOW. We have found that the best way to meet these timelines is to have you assign one person from your team to act as “project manager” for the outlined responsibility, known as a Single Point Of Contact (SPOC). It will be that person’s responsibility to inform the rest of their organization of project updates and other pertinent information and work directly with their chosen third party vendors.
- All concepts/ideas referenced in this agreement are proprietary and confidential specific to Infuze’s intellectual property.
- We understand that project parameters change and we are flexible when this takes place. Infuze reserves the right to adjust any cost or charges for this project should the client alter the project parameters. This includes, but is not limited to: labor, image purchase, photography, travel, illustrations, printing, mailing, postage, online services, fonts, software, equipment requested and freight. Not to worry though, any additional costs will be agreed upon prior to work being done. We don’t like surprises either...unless it’s our birthday.
- Travel within 30 miles of our Downtown Sacramento office is included. Travel outside of that radius will be billed to the client at the per diem rate (travel, lodging, food).
By accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Infuze, LLC and our subsidiaries and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
This Site is controlled and operated by Infuze, LLC. from its offices within the United States. Infuze, LLC and our subsidiaries makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
Infuze, LLC and our subsidiaries gathers information from you through the Site to allow us to provide the services that you have requested. If you choose to use and/or purchase our services we may require you to provide contact and identity information, billing information, and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which are optional. You always have the option to not provide information by choosing not to use a particular service. Under some circumstances we may require some additional financial information. We use your financial information, including credit or debit card information, or information about other forms of payment, to verify the accuracy of your name, address and other information, as well as to conduct financial transactions related to your use of our services.
1b. How We Use Information
Infuze, LLC and our subsidiaries collects and uses Personal Information in accordance with the following guidelines:
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information only when fulfilling the purposes specified by you, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- As you browse Infuze, LLC and our subsidiaries and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. We may track certain information based upon your behavior on the Site. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand our customers. This information may include, but may not be limited to, the URL that you just came from, which URL you go to next, your computer browser information, and your IP address.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
We use your Personal Information, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience on the Site; detect and protect us against error, fraud and other criminal activity; enforce our Terms and Conditions of Use; and as otherwise described to you at the time of collection. We may compare and review your Personal Information for errors, omissions, and accuracy.
You agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, to analyze Site usage, to improve the Services, and to customize the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe, and customized experience while using the Site and/or the services available under the Site.
We may occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each such communication or by contacting us. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if access to our products is temporarily suspended for maintenance, we might send you an email or text message. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, please do not submit your personal information through the Site.
3b. Information Sharing and Disclosure
The following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services and products to customers:
- Legal Requests: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you, other users, and Infuze, LLC and our subsidiaries. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your Personal Information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or report suspected illegal activity.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. We track trends in users’ usage and volume statistics to create a more efficient and usable site and product offerings, and to determine areas of the site or our services that could be improved to enhance the user and customer experience.
D. Cookies and Related Technologies
When you use the Site and available services, we collect certain information by automated or electronic means, using technologies such as cookies, browser analysis tools, and web server logs. As you use the Site and available services, your browser and other electronic devices communicate with servers operated by us and our services providers to coordinate and record the interactivity and fill your requests for services and information. The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computer's or mobile devices, which are then transmitted back to Infuze, LLC and our subsidiaries by your computer's or mobile devices. These servers are operated and the cookies managed by us or our service providers. For example, when you visit the Site, Infuze, LLC and our subsidiaries and our service providers may place cookies on your computer's or mobile devices. Cookies allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information that a web server sends to your browser that stores information about your account and preferences. Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computer's or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided, and storing your preferences.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.
You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
If you wish to opt out of receiving offers directly from Infuze, LLC and our subsidiaries service providers, you can follow the opt-out instructions in the emails that they send you.
F. Children’s Online Privacy Protection Act Notification
The Infuze, LLC and our subsidiaries services are not designed or intended for use by children under 13. If you are under 18, you should use the Infuze, LLC and our subsidiaries services only with involvement of a parent or guardian. Pursuant to 47 U.S.C. Section 230(d) as amended, Infuze, LLC and our subsidiaries hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
G. Secure Credit Card Transactions
You can use your credit card or debit card securely on the Site. We have partnered with Stripe to offer safe and secure credit card, debit card, and electronic check transactions to you. Your use of Stripe is subject to the terms and conditions and privacy policies applicable to the Stripe services.