Terms & Conditions

Power Packs, Booster Packs and Subscriptions

All "Power Packs" (e.g. "Starter Pack", "Advanced Pack", "Premium Pack", etc.) and "Booster Packs" (e.g. "Revision Packs", "Print Packs", "Ad Packs", "Social Packs", "Web Packs", "Bonus Packs", etc.) and their respective contents listed in the past, present or future are sold as-is. When a customer purchases a Power Pack, they understand there will be a single version provided in its completed form. Products in any category will not be delivered nor presented individually, unless products are purchased individually. Products in any category may not be altered by any entity without the purchase of a "Revision Pack". All products are indefinitely licensed conditioned upon completion of payment terms. Product licensing transfers and source files may be purchased for an additional fee. The cost for licensing transfers from Remixed to a customer is equal to the individual cost of a product, which may exceed the cost of the package. Source files are only available after the transfer of licensing.


Logo Suite

A logo suite is comprised of one logo. A logo is either a type treatment or design element or a combination thereof. Said logo will minimally be provided in full-color or spot color, one-color, black & white and reverse (white on transparent background) in a variety of file formats minimally including vector EPS or Adobe Illustrator, PDF, PNG and JPEG. JPEGs will not include a reverse version of the logo.


Business Card

A business card will be delivered in a print-ready file format intended for use to purchase business card printing from a third-party. Business card deliverable, outside of the "Print Packs", does not include a printed nor tangible product. Business cards will be designed based on US standards of 3.5" x 2" (independent of visual orientation). Cost of production is not included.


Letterhead

A letterhead will be delivered in a print-ready file format intended for use to purchase letterhead printing from a third-party. Letterhead deliverable, outside of the "Print Packs", does not include a printed nor tangible product. Letterheads will be designed based on US standards of 8.5" x 11" (based on a vertical visual orientation). Cost of production is not included.


Social Graphics

Social graphics will be delivered in PNG or JPEG format. Social graphics will be comprised of graphic headers for Facebook, Twitter and LinkedIn, as well as profile images for Facebook, Instagram, Twitter and LinkedIn. The dimensions will be based on current specifications at the time of production. Cost of implementation is not included.


Online Campaign

An online campaign is comprised of a series of web banners. Remixed will provide the seven (7) most common sizes [Leaderboard (728x90), Wide Skyscraper (160x600), Half Page Ad (300x600), Medium Rectangle (300x250), Mobile Leaderboard (320x50), Square (400x400), and Billboard (970x250)] in PNG or JPEG file format. Cost of distribution is not included.


Website

A "Website" is defined as a single landing page on a hosted domain. Client will provide administrative access to Remixed to a hosted domain with WordPress installed or installable. Remixed will support initial installations of WordPress and any required plugins to support the creation of said website. Website will be comprised of multiple sections on a single viewable page. The viewable page will include any pertinent information provided by the client in the questionnaire phase. A simple contact form that will generate an email to an individual will be included. Additional revisions are not included. Content creation is not included. Remixed will not be responsible for copy writing, typos, grammatical errors, photography or graphic creation beyond the user interface design. Cost does not include web hosting or other third-party costs. Administrative and/or editing access for client is available for an additional fee.


Advanced Website

An "Advanced Website" is defined as multiple web pages on a hosted domain. Client will provide administrative access to Remixed to a hosted domain with WordPress installed or installable. Remixed will support initial installations of WordPress and any required plugins to support the creation of said website. Website will be comprised of multiple pages on multiple viewable pages. A robust contact form that will generate an email to an individual will be included. The quantity of pages will not exceed six main level pages. Additional pages and sectioning is available for a fee. Each viewable page will include any pertinent information provided by the client in the questionnaire phase. Additional revisions are not included. Content creation is not included. Remixed will not be responsible for copy writing, typos, grammatical errors, photography or graphic creation beyond the user interface design. Cost does not include web hosting or other third-party costs. Administrative and/or editing access for client is available for an additional fee.


Premium Website

A "Premium Website" is defined as multiple web pages with specific features on a hosted domain. Client will provide administrative access to Remixed to a hosted domain with WordPress installed or installable. Remixed will support initial installations of WordPress and any required plugins to support the creation of said website. Website will be comprised of multiple pages on multiple viewable pages. The initial quantity of pages will not exceed six main level pages and six second-level pages. Additional pages and sectioning is available for a fee. A robust contact form that will generate an email to multiple individuals or connected to a list of select CRMs will be included. A Premium Website may also included eCommerce functionality, with up to 12 individual products or UPCs. Gateway connections may require an additional fee. Each viewable page will include any pertinent information provided by the client in the questionnaire phase. Additional revisions are not included. Content creation is not included. Remixed will not be responsible for copy writing, typos, grammatical errors, photography or graphic creation beyond the user interface design. Cost does not include web hosting or other third-party costs. Administrative and/or editing access for client is available for an additional fee.


Brochure

A brochure is defined as a tri-fold sheet that is approximately 12" x 9" and folds down to approximately 4" x 9". The brochure will be delivered in a print-ready file format intended for use to purchase printing from a third-party. Brochure deliverable, outside of the "Print Packs", does not include a printed nor tangible product. Brochures will be designed based on the dimensions above (with a vertical visual orientation). Cost of production is not included.


Sales Kit

A Sales Kit is defined as an eight (8) page, self-cover booklet, three (3) sales sheets, one (1) letter and a two-pocket pocket folder. The listed deliverables will be delivered in print-ready file formats intended for use to purchase printing from a third-party. Sales Kit deliverable, outside of the "Print Packs", does not include a printed nor tangible product. Booklets will be designed based on the folded dimensions of 8.5" x 11"; Sales Sheets and Letter will all be designed with flat dimensions of 8.5" x 11"; and the Pocket folder will be designed with flat dimensions of 9" x 12". All deliverables will be designed with a vertical visual orientation. Cost of production is not included.


Messaging Platform

A Messaging Platform is a written document containing information extracted and extrapolated from a Messaging Questionnaire. The Messaging Platform will include information about goals, objectives, audiences, vision, mission, position, values, purpose, a one-liner, an elevator pitch and a long-form, targeted statement. One round of client-provided revisions will be included. Additional revisions are available for a fee. All written content specific to the vision, mission, position and the one-liner, elevator pitch and the long-form targeted statement become property of the client in PDF.


Brand Guide

A Brand Guide is a series of diagrams and explanations that describes how the various brand elements ought to be used, as well as how they should not be treated. The guide also includes color usage, type treatments, along with some examples of how the brand may be articulated in certain circumstances. When packed with other deliverables, those deliverables serve as the examples. The Brand Guide will be delivered either as a website or in PDF, whichever the agency feels is best. Cost does not include web hosting, print production, revisions or any other applicable services.


Revision Packs

Revision Packs include and are limited to the number of revisions purchased (e.g. 1, 3, 5, 7 or 9). The application of said revisions is to the discretion of the agency. Depending upon the significance of the revisions, the agency may choose to apply a single revision as a round of revisions to a single deliverable or as a single design or content modification. This will be determined on a case-by-case basis. Prior to purchasing a Revision Pack, we highly recommend contacting us to help you choose the option that best suits your needs.


Print Packs

Print Packs are exclusively for the cost of print production and delivery of designs Remixed has originated and completed, and are specific to the deliverable(s) purchased. Every deliverable is priced in sets of fifty (50). If you require additional quantities, please contact us for discount codes.


Ad Packs

Ad Packs are exclusively for the distribution of media Remixed has originated and completed. Ad Packs are broken up into a series of categories. Third-party expenses, excluding the cost of postage, are included. The distribution is based on optimizing the budget, which also includes the cost of agency services. The agency will determine how best to allocate funds for optimal results based on the pack purchased. Prior to making any Ad Pack purchases, we always recommend you contact us to help us determine the best manner in which we may assist you. Ad Packs are not necessary for everyone. Please do not purchase this product, unless you are certain this matches your needs.


Social Packs

Social Packs are only for work completed exclusively by Remixed. Social Packs are broken up into three categories: Social Graphics, Social Content, and Social Seeding. Social Graphics are single graphics for use on any social media platform. Social Content are short articles for generating awareness on social media. Social Seeding is a combination of social graphic and social content, which are used to connect social media to other web experiences. All products are created as-is. Any revisions may be done at an additional cost. Licensing and source files are available for an additional fee.


Web Packs

Web Packs are broken up into three categories: Web Hosting, Web Maintenance and Web Content. These services are only available for websites Remixed has created. Web Hosting is providing file storage for a domain name. This allows domain names to point at a website. Web Maintenance involves the agency reviewing and updating critical files to help maintain the performance and security of a website. Web Content involves the origination of content for pages or posts for the purposes as set by the client. Content is limited to approximately 2000 words per post or page. A completed questionnaire will be required for services to be delivered. Administrative or editor privileges to websites(s) are available for an additional fee.


Bonus Packs

Bonus Packs are a series of design deliverables. Each deliverable will be created based on specifications set by the agency. However, the agency may choose to consult with the client, and allow client a limited period in which to respond. The price exclusively includes the cost of design, which will be delivered in the form of (a) print-ready file(s). Any revisions may require the purchase of a Revision Pack. Cost does not include third-party fees (e.g. web hosting, print-production, fabrication, media buying, etc.).


Payments

All payments are for services as described, and are final. There are absolutely no refunds. However, Remixed may choose to allow funds to be used as credits for future work with Remixed, at its discretion.


Subscriptions

Subscription AGREEMENT is made effective as of the date upon which the subscription application is submitted BY AND BETWEEN: R3M1X3D, Inc., a Florida corporation with an office at 113 NORTH HYER AVENUE, ORLANDO, FL 32801 USA (the “AGENCY”) and the “CLIENT” as noted on the subscription application engaging the AGENCY, WHEREAS the CLIENT, which shall include subsidiaries and affiliates existing now or created hereafter, desires to contract the AGENCY to provide branding, marketing, advertising, design and related services, as more particularly described below (the “Services”), and the AGENCY desires to be so contracted and to perform the Services for the CLIENT;
 
NOW THEREFORE the parties agree as follows:
 
1. Services.
 
During the term of this Agreement, the AGENCY shall provide products and services necessary to create online, interactive, print, broadcast and other marketing, advertising and design projects (hereafter “Deliverables”). Additional services may include, but are not limited to, research, usability, market planning and public relations. Services provided shall be rendered within the months contracted for the compensation set forth by the subscription application, which details the amount due on a monthly basis. Should the agreement be renewed beyond the term described within the subscription application, projects and the respective obligations from previous periods shall carry over to subsequent Renewal Term.
 
2. Term.
 
This Agreement shall commence on the date set forth by the date upon which the subscription application is submitted by the client, effective upon submission, and shall continue for the period dictated herein, unless sooner terminated in accordance with the terms of this Agreement. This Agreement shall thereafter be renewed automatically for an additional term equal to the period of time noted on the subscription application (“Initial Term”), until terminated by either party as provided herein. Additional Provisions & Considerations. The AGENCY will provide the CLIENT with all required services rendered within agreed timeframes.
 
3. Independent Contractor.
 
It is understood and agreed that the AGENCY is independent in the performance of this Agreement, that the AGENCY shall perform the Services under the control of the CLIENT as to the result of such activity only and not as to the means by which such result is accomplished and that the AGENCY is providing Services on a full-time or as-needed basis. The AGENCY is not an employee of the CLIENT, and has no authority whatsoever to bind the CLIENT by contract or agreement of any kind other than as expressly provided under the terms of this Agreement. The CLIENT shall not withhold federal or state/provincial income taxes or any other amounts from the AGENCY’s fees payable hereunder. The CLIENT acknowledges and agrees that the AGENCY shall act on behalf of the CLIENT but will not be liable for payment of media and purchases placed on behalf of CLIENT but for which the AGENCY has not been paid by CLIENT.
 
4. Compensation.
 
Upon execution of this Agreement, the CLIENT agrees to pay the AGENCY a subscription fee noted within the subscription application per one (1) month period, due on or before the beginning of each monthly period. Any late payments shall be subject to a five percent (5%) late fee, which is equal to no less than five percent (5%) of one month's payment. The CLIENT will be charged for additional products and/or services as ordered by the CLIENT which are not part of the Services covered by the terms of this Agreement, at the third-party’s rates for such additional products and/or services, which include and are not limited to services provided by the AGENCY. The CLIENT agrees to pay AGENCY all reasonable out-of-pocket miscellaneous expenses, pre-approved delivery charges and travel expenses when applicable. The CLIENT, at its option, may maintain a prepaid subscription account (“Subscription Account”) with the AGENCY, which will hold the funds in a non-interest bearing account on behalf of the CLIENT, which shall be returned upon termination of this agreement subject to offset of any exhausted monthly usages or expenses. At all times, The CLIENT shall receive the best pricing of any related subsidiaries and affiliates, which AGENCY provides to CLIENT under this Agreement. The CLIENT may solicit source files or digitally editable files at an additional fee. Fee will be based determined at the will of the AGENCY, and will be invoiced separately.
 
5. General Conditions.
 
A. Each party agrees to indemnify and hold harmless the other from and against any and all claims relating to this Agreement arising out of acts of conduct of the other’s gross negligence or material breach of representation including, but not limited to, any financial obligations incurred by AGENCY on behalf of CLIENT and attorney fees required to defend the AGENCY. CLIENT is responsible to review all creative, marketing and advertisements to ensure compliance with all local and/or federal regulations.
 
B. In the event the CLIENT cancels or terminates this Agreement, and/or work has been done prior to the termination, CLIENT agrees to pay all costs incurred, including any future non-cancellable commitments after the termination becomes effective. Cancellation of this Agreement may be made by either CLIENT or AGENCY by delivering written notice to the other party one (1) day prior to the date of termination. In the event the CLIENT cancels the Agreement, CLIENT agrees to pay for all fees and hours up until the date of termination, as noted on the subscription application, including but not limited to a termination fee equal to no less than one (1) month of the subscription and no more than the total to complete the subscription, unless otherwise dictated or mandated. CLIENT is entitled to, and AGENCY must support and continue projects through the date of termination dictated in the written cancellation. Cancellation does not preclude the indefinite use of all materials created by AGENCY for CLIENT. Source files are never included deliverables as part of the terms and conditions.
 
C. In the event that it should be necessary or proper for either party to bring any action arising under or in connection with this Agreement, should the AGECNY be the prevailing party, they shall be entitled to recoup all costs and reasonable attorney fees incurred in connection therewith, including reasonable attorney fees through and including post-judgment and appellate proceedings. The CLIENT waives the right to recoup all costs and reasonable attorney fees through and including post-judgment and appellate proceedings. This Agreement shall be enforced and governed by the laws of the State of Florida. The jurisdiction and venue for any such litigation shall solely and exclusively be in Orange County, FL.
 
D. CLIENT agrees and understands that AGENCY shall act on behalf of CLIENT but will not be liable for payment of media and purchases placed on behalf of CLIENT that have not been paid to AGENCY by CLIENT. CLIENT agrees and understands AGENCY shall not be liable for any third-party expenses arising from vendors including but not limited to printing, web hosting, media buying, postage and fulfillment.
 
E. Until payment is made in full, or while CLIENT is actively engaged in a payment plan to AGENCY, CLIENT shall not own any rights to any deliverable, products/services or work and materials created by the AGENCY except as provided for in this agreement; however, that CLIENT shall maintain the right to display work it has paid for up until termination or expiration of the Agreement. During an active payment process, CLIENT licenses use of deliverable, products/services or work and materials created by the AGENCY. CLIENT is purchasing the indefinite use of the products / services pertaining to intellectual property brought forth by the AGENCY. AGENCY and CLIENT processes and methodologies shall remain strictly confidential between CLIENT and AGENCY and the property of the respective parties. All work and material is provided by the AGENCY for CLIENT’S non-exclusive use for advertising and marketing in any and all global markets and media listed in this agreement for the duration and under the terms of this agreement. CLIENT may transfer rights of products / services purchased from AGENCY in the event of liquidation or sale of assets at the discretion of the CLIENT. AGENCY maintains ownership of all source files, unless said source files are purchased by the CLIENT.
 
F. Any and all intellectual property derived from creative produced on behalf of CLIENT, in the form of usability, user interface or other surface design is considered property of AGENCY licensed to CLIENT indefinitely. Strategies and existing intellectual property developed by AGENCY are considered intellectual property of AGENCY and are not subject to patent nor trademark by CLIENT. Any and all patents or trademarks registered by CLIENT are not and shall not assume any possession by AGENCY nor its agents or representatives.
 
The CLIENT hereby represents and warrants that the CLIENT has full legal right and authority to execute, deliver, and perform under this Agreement, and that the officer’s execution of this Agreement on behalf of the CLIENT is with the full knowledge of the CLIENT and with the power and authority to do so. This Agreement is not assignable by the parties without the prior written consent of the other. This Agreement constitutes the entire Agreement between the parties hereto relating to the subject matter hereof, and supersedes all prior written or oral agreements, commitments, representations, or understandings with respect to the matters provided for herein, and no modification shall be binding unless set forth in writing and duly executed by each party hereto.

Please make all checks payable to

REMIXED
113 N. HYER AVENUE
ORLANDO, FL 32801