Terms

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All work performed by Icann Marketing Agency, Icann Ventures, Inc. (hereafter referred to as “Icann Marketing” or “IM” or "Agency"), or subcontractors working on behalf of or for Icann Marketing is subject to the following Terms & Conditions. By accepting a Quote and/or Invoice, in writing or submitted verbally, the Client agrees to be bound by these terms and conditions.  

• Icann Marketing reserves the right to refuse business to anyone for any reason. 
• Icann Marketing reserves the right to cancel any contract at any time for any reason. 
• Due to the custom nature of the work done by Icann Marketing, all prepayments and deposits are non-refundable, and all jobs are non-cancelable. All costs for a project are due 100% in advance by certified funds only unless other terms and/or payment schedule has been specifically outlined and agreed to by all parties involved. No work will begin on the project until Icann Marketing has received full payment as outlined in the initial proposal/quote. 
• Final payments for work done on a deposit or other agreement will be due upon receipt of the first drafts or proofs. Icann Marketing reserves the right to request the final project payment at any time. 
• Final payments for approved contracts, will be due in full when the work is finished even if portions of the job remain unfinished due to a lack of the required or needed input by the client. Refusal or inability to submit the data needed to complete a project is not a viable reason to refuse to pay for a project/contract.  
• In order to qualify for any terms, to start work with a deposit on the initial Invoice less than the total amount of the invoice, or to qualify for a retainer and/or monthly contract agreement, the client must provide Icann Marketing with a valid Visa or MasterCard using the standard Credit Card payment form from Icann Marketing unless prior arrangements have been made. (see addendum 1). 
• If Client and Icann Marketing have entered into a retainer and/or monthly contract agreement, both parties agree to be bound by the terms of the contract as outlined in the signed agreement.  Any cancellations of the agreement by the client must be submitted in writing at least thirty (30) days in advance of the termination date and client will be responsible for any outstanding fees that remain.  Payment for any and all outstanding fees must be made prior to the termination date.  If payment is not made by the termination date, Icann Marketing reserves the right to charge any outstanding balances to the credit card on file. 
• If additional costs are incurred during the project, Invoices may be submitted as costs are incurred, and/or a final Invoice will be presented to the client at the end of the project or the end of each month, with the remaining amount due. If payment is not made on the Invoice(s) within 10 calendar days from the Invoice Due Date, Icann Marketing reserves the right to charge any outstanding balances to the credit card on file. 
• If, for any reason, the client does not contact Icann Marketing within 5 business days of receiving an invoice to make payment arrangements or does not pay any Invoice 10 days from the Invoice Payment Due Date (or by the date agreed upon by both parties if payment arrangements have been made), Icann Marketing reserves the right to charge the credit card on file for that Client for the entire remaining balance on all outstanding Invoices.  In addition, additional service fees and/or late fees may apply. If payment arrangements have been made for any or all outstanding Invoices and the client does not meet a payment due date within 24 hours, Icann Marketing will charge the entire remaining balance due for all outstanding Invoices to the credit card on file for that client.  Additional service fees and/or late fees may apply. 
• Once the Client agrees to the original quote and/or Invoice either verbally or in writing, the Client is responsible for all costs as reflected in the quote and/or Invoice and no cancellations submitted by the Client are valid. If a project is canceled for any reason, the Client will be responsible for the total amount due for the project in its entirety, plus, additional time, services and materials purchased and/or used up to that point, even if Icann Marketing previously waived the cost of those services as a benefit to the Client and in anticipation of completion of the entire project by Icann Marketing. The Client will also be responsible for a 25% cancellation fee. If the Client unreasonably withholds approval of any portion of a project (approval not given within 30 days or by project deadline/due date) or does not approve the start of a project within 30 days of payment, Icann Marketing reserves the right to terminate the project immediately and collect all funds still due plus any additional costs incurred including but not limited to, time, services, materials, and cancellation fees.  If for any reason, the Client refuses to pay any portion of the amount due or for any other reason Icann Marketing must obtain legal assistance, the Client agrees to pay all of the costs involved in arbitration or litigation. 
• Although Icann Marketing may provide several concept/design selections to choose from, all costs/quotes include one (1) concept/design selection unless otherwise indicated on the quote.  Additional concept/design selections may be purchased for an additional fee. 
• Project Change Requests (PCR’s – See Addendum 2 below) should be submitted digitally via email and may be returned via e-mail only – changes need to be sent in a written format for later review. The return email will be considered a digital signature and the client agrees to be bound by the changed quote, prices, and/or payment terms. 
• Quotes are based on the information provided to Icann Marketing by the Client. If there are any changes (including, but not limited to: number of pages, number of designs selected, formatting, designs & graphics, number of colors, type of colors (Process, Spot, and/or Pantone), colors, quantity, bleeds, overall ink coverage per page, binding, number of folds, trims, type of proof, number of proofs, number of products, number of features on product pages (in WooCommerce), type of theme or website format, number of web pages, the cost of the Client’s project may be increased. If Icann Marketing discovers that the original information provided is incorrect, or if the Client contacts Icann Marketing with changes to the scope of the project, or for any of the other reasons outlined herein, all work on the Client’s project will cease until a “Project Change Requests (PCR)” is submitted, signed, and returned to Icann Marketing.  The PCR will instigate the provision of a new or revised quote to the Client and, if necessary, a new anticipated delivery time. The Client agrees not to unreasonably withhold consent to the new or any quote. If the Client does not agree to the new quote, the Client will still be responsible for time, services, and materials used up to that point, if any, even if Icann Marketing previously waived the cost of those services as a benefit to the Client and in anticipation of the completion of the entire project by Icann Marketing. The Client will also be responsible for a 25% cancellation fee, and Icann Marketing will provide the Client with an invoice, breaking down the costs and will refund the Client’s balance, if any.  If the Client unreasonably withholds consent to a new quote, the Client agrees to pay the costs involved in arbitration or litigation. 
• Any and all job changes may influence or change the delivery date of the project. If the client has a firm “drop dead” due date for the project, then it is highly recommended that the client discusses any changes in light of changing job completion dates before formally submitting a PCR.  If the client submits a PCR and the Agency is not able to meet the originally agreed-upon due date, then that will not change the amount or timing of the project fee. 
• In regards to Websites – We have been designing websites for a very long time and the following is rarely the case (perhaps 1 in 30 projects), but it does happen on occasion and when it does, the quote winds up not covering the time required to do the project.   This refers to a very extreme situation, for example, Icann Marketing delivers one or more possible starting designs for your site, which you can either approve, edit or outright reject.  With approval, we will build the entire site. We are happy to tweak the design from the start or after the submission of the initial designs or go back to the drawing board up to 3 times until you are happy with the design, the color pallet, and the overall look and feel.  We are extremely flexible in this regard. However, the process will go much more quickly and smoothly if you provide our staff with examples of websites that you like and would like to have your site emulate. At this time, please provide any colors (i.e., color codes in Hex format) and fonts that you would like us to use if any. If you are using a font that we don’t own the licenses to, please provide the font for our use on your behalf (we have thousands of font licenses in-house, so it is likely, but not guaranteed, that whatever fonts you have selected will be in our library and usable by us for no additional fee). If no color codes or fonts are submitted prior to the start of the project, these will be included in the initial designs that we submit for your input). Please submit these at the project onset, if not additional fees may be incurred. If your design preferences require extensive modification, and customization of the theme or WordPress itself must be edited using the native programming language (PHP or HTML) then additional fees will apply. However, It is essential that you like your website and the best way to ensure this is good communications about what you do and don’t like – from the onset of your project. Usually (perhaps 99% of the time), the initial design or two hit the mark for the client and we are off and running. However, if we find that we simply cannot find a design or color pallet, or images that suit you, then we can wind up spending a large amount of time on the first step. In such cases, there will need to be an additional fee charged for the extra time and we will let you know in advance (as we do with any and all additional fees) when we are approaching this point. 
• Icann Marketing requires that one person from the client company be assigned to be the client project contact person.  If this contact person needs to be changed at any point during the implementation of a project, Icann Marketing must be notified IN WRITING (by email) of this change. Any input received by anyone other than the assigned contact person should be subsequently submitted in writing by the project contact person and if not, time may be lost seeking approvals after the requests have been submitted. Whoever is assigned as the project representative will be assumed to have the authority to make decisions on the project; if that person’s decisions are later rejected by the client, then extra fees may be charged to cover any additional time required to make changes to the project. 
• You will also be assigned an agency project contact person from Icann Marketing at the start of the project. You will receive an introduction to this person upon submission of the project payment or deposit, along with name, email address, office phone, and/or personal cell phone number. 
• All information regarding both the initial project and project changes must be submitted in writing by the client to Icann Marketing. This project information can be submitted by email to your account representative. 
• All information or issues regarding the project will also be submitted to the Client in writing (email) and emailed to the Client representative. 
• The Client is responsible for delivering any and all artwork (including but not limited to: photographs, illustrations, copy & logos) that the client wants to be used in the design project before the project will be started. Client artwork and/or photos should be submitted digitally in the highest resolution possible. If elements FROM that artwork are needed for use in the project an editable version of the art must be provided. If the client doesn’t have editable artwork and edits are required, additional fees may apply. Please talk to your representative at Icann Marketing for more information on how to submit your artwork. Icann Marketing is not responsible for errors, server problems or any and all transmittal problems associated with sending files over the Internet.  It is recommended that large files be transmitted via WeTransfer.com or DropBox or Google and proper invites be provided.  The Client is responsible to provide Icann Marketing with all artwork and copy on time. Icann Marketing will work closely with the Client to attempt to resolve any transmittal problems, however, if such transmittal problems begin to take a considerable amount of Icann Marketing’s time to resolve, the Client may be responsible for additional costs.  If the artwork is not received in a timely manner and/or in the recommended time in order to complete the Client’s project by the date requested by the Client, Icann Marketing cannot be held in any way responsible if the job is not completed by the requested date. However, meeting client deadlines are of the utmost importance to the Agency and to the marketing industry in general and  for this reason clear written due dates are required on all projects that have a hard “drop dead” due date.  Please discuss these due dates with your project contact person to ensure that the project can be completed within your desired time frame. 
• Layout, design and/or copywriting work cannot be started until all requested materials, including date (or text/copy), logos, photos, etc., have been received from the Client.  It is the Client’s responsibility to provide these items to Icann Marketing on a timely basis and in a form or format that is usable by Icann Marketing. Any materials provided that are not up to the required standard (i.e., the proper format or resolution, or size), a request will be made for resubmission of the materials by the client.  If requested materials are not available in the format required for the project, Icann Marketing may be able to reproduce materials digitally at an additional fee. A PCR should be requested from and must be signed & returned to your project representative at Icann Marketing by the client before any additional work will be done. If Icann Marketing is asked by the client to use any of the client’s existing materials, or any specific materials, it will be assumed by Icann Marketing that the client has the rights or and/or permission from the owner of any trademarked or copyrighted photos, text, logos, etc. and if not, the client will be responsible for any copyright, trademark and/or legal issues that may be incurred. 
• All photo or image use is dictated by the terms & conditions from the companies where the images were purchased UNLESS the images belong to the client. To determine if a photo can be rightfully and legally used be sure and check the Terms & Conditions on the website where each image was purchased.  DO NOT DOWNLOAD AND TRY TO USE ANY IMAGES FROM GOOGLE OR ANY OTHER SEARCH ENGINE – THOSE IMAGES ARE NOT RIGHTS RELEASED AND YOU CAN GET SUED FOR USING THOSE IMAGES. Generally speaking, image licenses are only good for one use – so if an image was purchased to be used on a website, then that same image cannot be used in a brochure UNLESS a second license is purchased, or the original license indicates this specifically. To guard yourself against legal issues be sure to consult with the stock photo company where the images were purchased.  This information can be requested from your Icann Marketing rep at the time images are purchased for your job. 
• Stock photos are generally included in the quotes we provide (please refer to your quote to confirm this) but that includes the standard Adobe Stock license only, generally good for one use only and if the desired image is needed for more than one project, additional fees may apply. 
• If the project has a media deadline/materials due date, Icann Marketing reserves the right to give the final approval of the project when the final approval cannot be obtained by the Client. Once final approval is given on any project, Icann Marketing cannot be held responsible for any omissions or errors (including, but not limited to: textual changes, typos, misspellings, size, colors, incorrect addresses, or contact information). 
• All project completion times are approximate. The vast majority of project delays are due to a lack of response or materials or information from the client. Icann Marketing strives to complete all projects in a timely manner, and it is our absolute top priority to meet any hard “drop dead” deadlines when those deadlines are provided prior to the quoting of the job.  The Agency will offer Rush Service if requested. Rush Service is available at an additional cost for any job with a turnaround time that is two (2) weeks or less. Icann Marketing will include the Rush Service fee in the Client’s original quote if the Client has requested Rush Service. If the Client requests Rush Service after Icann Marketing has begun work on the Client’s project, a PCR will need to be completed, as discussed above.  The Client is responsible for all shipping charges that may apply, including any additional charges for Rush delivery (for example, overnight service) and those charges must be paid in advance of shipment.  If Icann Marketing has discussed an approximate completion time with the Client, Icann Marketing is not responsible for late completion and/or any additional shipping fees incurred if the Client does not send Icann Marketing all artwork and copy as originally agreed (if the artwork is submitted using an FTP site, a disk with the artwork is still required, please see the paragraph outlining use of the FTP site for more information), or for any other delays due to circumstances beyond Icann Marketing’s control (including, but not limited to, delays by the shipper {either coming or going}, problems in transmitting files, delays by the Client, delays in receiving the “Artwork Approval Form” from the Client, changes to any artwork or copy necessary).
• Every job is proofed by Icann Marketing, and we will make every effort to ensure that the Client’s project is accurate and free of typographical errors.  However, the Client is responsible for the final approval of the job and any errors including but not limited to typographical errors, incorrect contact information and/or layout & design issues are ultimately the responsibility of the end Client.  Approval of the proof by the Client, must be submitted in writing and certifies that the Client has reviewed the proof sent to them and confirmed that the artwork is final and that there are no additional changes or corrections (including but not limited to text changes, typos, misspellings, design changes, color changes, size changes and/or layout changes) and that the Client does not want Icann Marketing to make any further changes, additions or deletions to the artwork.  The Client is also approving that the artwork is ready to be delivered to the final recipient (printer, magazine or other party assigned by the Client) AS it currently IS.  Once approved, Icann Marketing is released from any liability for any omissions or errors.  
• Rush Jobs – Rush Fees may apply for any job with a turnaround time that is two (2) weeks or less. We highly recommend that all print jobs be given at least 48 hours between the time the design and typesetting are finished and submitted to you (the client) and the time the item is returned to us (the agent) and we send to the press.  This is because it takes that much time to “digest” the information and to ensure that no typos or content errors exist. Proofing a job takes time and can be very difficult, because of the way people read things and how easy it is to not see an error – and that’s why we warn that you take extra time to ensure your piece is exactly the way you want it. Please take an extra day or two to proof and reproof your job, because the final proofing is the responsibility of the client. Rush fees may vary according to the job type and artwork deadline. Once final approval is given on any project, Icann Marketing cannot be held responsible for any omissions or errors (including, but not limited to textual changes, typos, misspellings, size and colors). 
• Icann Marketing is not responsible for keeping any digital files of artwork for any Client.  Icann Marketing project quotes include the delivery of finished artwork to one (1) recipient with any project (i.e., to a printer, to a hosting company for upload to the client’s hosting account, to a magazine to be published, to a blog to be uploaded, ec).. Clients can request additional digital files to be delivered to an additional recipient(s) for an additional fee. For more information, please contact your agency project contact person for fee information and details. 
• All work performed on an hourly basis will be billed in 1-hour increments and have a 1-hour minimum.  The Client may receive a quote with a flat fee for their projects from Icann Marketing, however, any work done above and beyond the scope of the flat rate may be billed at an hourly rate.  The Client will be responsible for any additional fees that may be incurred on their project. Hourly rates vary depending on the type of work to be performed (i.e., design, copywriting, programming, etc.), ask your account representative for the hourly rate for your project if needed. 
• All online pricing is subject to change at any time without notice. 
• Icann Marketing reserves the right to modify these Terms and Conditions at any time, and without prior notice, by posting amended terms on this website. The Client’s continued use of Icann Marketing’s services indicates Client acceptance of the amended Terms & Conditions.  
• Addendum 1:    Credit Card Authorization Form   and 
• Addendum 2: Project Change Form (both can be found below).  

Please complete all fields. If canceling this authorization please contact us by email at eandros@icannmarketing.com no less than 30 days prior to the cancellation date. This authorization will remain in effect until canceled.