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Fantasea Media Policy
Review our general policies as they apply to trademarks, intellectual property issues, cancellation of projects, client privacy, payments, refunds, and other legal issues.
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Terms of Order
Trademarks, Logos, and other Intellectual Property Issues
Independent Agents Status
Rejection / Cancellation of Project
Completion / Delivery of Project
Rush Orders
Design Copyright Notice
Ownership of Artwork and Source Files
Overdue Accounts
Charge Backs
Returned / Bounced Check Fees
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Terms of Order
A 50% deposit is required to place an order. Balance in full must be paid no later than seven (7) days prior to the date of installation. Production does not begin until completed payments are received. Once an order is placed, we will schedule delivery or installation. It is the client’s responsibility to ensure the product will fit on the intended locations. Should you need assistance ensuring correct measurements, please ask a Fantasea Media associate about taking measurements prior to production. If upon delivery or installation further services are required, additional charges will apply. These incurred additional charges must be paid no later than five (5) business days after the date of installation. Preferred payment method is ACH Transfer. Checks are accepted, and all credit cards will incur a processing fee.
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Trademarks, Logos, and other Intellectual Property Issues
Client is responsible for any copyright or trademark issues related to the creation and use of project files by customer. Client shall be solely responsible for any trademark or copyright searches pertaining to the project unless otherwise contracted for in the project specifications. Designers will not knowingly copy other rightfully trademarked or copyrighted material.
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Independent Agents Status
Designers are retained as independent contractors. Designers are fully responsible for payment of their own income taxes on all compensation earned. Clients agree that they will not withhold or pay any income, social security tax, or any other payroll taxes on designers’ behalf. Designers understand that they are not entitled to any fringe benefits that the client may provide for its employees including but without limitation worker’s compensation or unemployment insurance.
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Rejection / Cancellation of Project
In the event your project is placed on hold and reactivated in excess of two (2) times, or any delay exceeding 90 days in responding to developers request for information or review/approval of proofs, Fantasea Media Inc. will have the option of terminating this agreement, and invoicing you for the amount of any advance package payment paid to date. Any renewal of this project after termination will require a new agreement, fee schedule, and upfront payment.
If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Due to the nature of this project and the time commitments and resource allocation required cancellation during its execution will result in a forfeiture of all monies received and for all additional labor or expenses billed to date.
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Completion / Delivery of Project
We usually require for the order to be submitted 3 weeks in advance, we need client approval at LEAST 2 weeks before production. We take different client orders at once and we must allocate our time to finish each project within everyone’s deadline.
Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, failure to provide timely feedback or responses, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay and/or place the project on hold status following 14 consecutive days without communication from the client. Any alteration or deviation from the proposed quotation and design specifications involving extra costs will be executed only upon approval with the client.
Projects are automatically placed on hold status following a 14 day period without client communication or feedback. If your project is placed on hold, either at your request or by our agency, simply contact our office via email or phone and let us know. We’ll reactivate your project and schedule an anticipated re-start date for your project based on our current production schedule.
Project may be placed on hold and reactivated two (2) times, with a maximum hold period of 90 days. Projects reactivated after 90 days will be subject to a $150 project reactivation fee.
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Rush Orders
Rush orders for all design services are subject to a surcharge of an additional 50% of the total design fee. Your rush project will receive priority over our current project lineup. We DO NOT offer rush priority services for printing. If a rush design service is purchased, it must be canceled in writing via email with a time stamp from your email provider included within 60 minutes of purchase. If the Rush design services is not canceled within 60 minutes the cost of the design will be refunded, however the 50% rush surcharge will NOT BE REFUNDED.
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Design Copyright Notice
You may not alter, change, or use the graphics or products purchased as part of your design project from Fantasea Media Inc. You may not disassemble or reuse portions of our designs to create a new design. Copyright remains with the original creator of the design and you are legally bound by these terms and conditions.
Your purchase of a Fantasea Media Inc. creation signifies your agreement to these terms and conditions, whether you opted to read them or not.
Each website design created by Fantasea Media Inc. includes a credit to the designer in the footer of each page. These credits must stay intact and the link must be active (clickable) and linked to the Fantasea Media Inc. website.
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Ownership of Artwork and Source Files
Except for client’s proprietary material contained in the project, designers shall hold all right, title, and interests in all original artwork, whether in draft, mock-up, concept, or final development for the project. Specifically, but without limitation, designers shall hold all right, title, and interests in and to (1) all text, graphics, or digital components of the project (the “content”), (2) all layouts, logo, structures, or arrangements or other components of any materials presented to client that comprises the project, (3) all literal and non-literal expression of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the project or any component or characteristic thereof. Client shall not do anything that may infringe upon or in any way undermine designers’ right, title and interest in the project, as described in this paragraph.
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Overdue Accounts
Accounts not paid within terms are subject to a 1% monthly finance charge. Any account that is 5 days past due will be suspended until payment has been received.
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Charge Backs
Unfounded charge backs issued against Fantasea Media Inc and/or its designers are subject to a charge back processing fee of $50.00 (USD) for each credit/debit card charged back related to the services provided by Fantasea Media Inc. The customer understands, acknowledges, and agrees that unless payment is paid in full, by certified check or money order, including both the original invoice amount due plus charge back fee, is received within ten (10) days of invoice an additional collections processing fee in the amount of $50.00 (USD) will be added to the account balance for each credit/debit card charge back related to the services provided by Fantasea Media Inc.
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Returned / Bounced Check Fees
Persuant to Florida law, we are entitled to charge a bad check fee of $25.00 for each check or electronic check that is returned to us for non sufficient funds, if the face value does not exceed $50. If the face value exceeds $50 but does not exceed $300, we are entitled to charge a bad check fee of $40.00 for each check or electronic check that is returned to us for non sufficient funds. No product or service will be processed until checks have been cleared. If paying by check please add 2 weeks additional processing time.
Delinquent accounts will be subject to but not limited to the removal of the delinquent accounts website from our servers, refusal to supply or upload finished design files, and the immediate delay of any current project(s) in any process of creation ordered by the delinquent account holder. Fantasea Media Inc. will not be held liable for damages or consequences of any kind due to the delay of any project when the resulting delay is due to a delinquent account.
Delinquent accounts are placed with a collection agency. Once your account has been placed in collections payment arrangements can no longer be made with Fantasea Media Inc., and must be made with the collections agency. Fantasea Media Inc. adheres to Florida’s Consumer Collection Practices Act (FCCPA) and any applicable state collection laws very closely.
