Terms and Conditions:
By remitting payment for product(s)/service(s) listed on any invoice (“the product”) from Strong Estate, LLC (“Strong Estate”), you acknowledge that you (“the Customer”) have read, understood, and agree to abide by the following terms and conditions:
1. Payment. Payment in full is required before work begins.
2. Alterations. Changes or alterations requested after the invoice has been paid may incur additional charges. Not all client creative requests/requirements are guaranteed and should be thoroughly discussed ahead of the order to avoid any delays. Finished files and projects will vary based on resources and locations available to Strong Estate locally.
3. Completion. Projects are considered complete 72 hours after delivery. Clients should submit any and all revision/modification requests within that 72-hour period. It is the responsibility of the client to download files and back them up to his or her local servers within 30 days of delivery.
a. Any physical client materials will be discarded 14 days after project completion unless adequate return postage has been supplied by the client.
b. All excess unfinished files and footage will be discarded immediately after project completion.
c. Finished deliverables will be backed up by Strong Estate via the cloud for 30 days after completion.
4. Refunds and Revisions. Strong Estate will provide a refund, less costs incurred, only if it fails to deliver the product as promised. Omitted information, including but not limited to; sources, products, material facts or any other component necessary to complete the project does not generate a refund. Making a revision/modification request is not a guarantee of additional work on the project. Product photography and product video revisions are not free.
5. Subcontractors. Strong Estate is authorized to subcontract any part of the Customer’s order.
6. Customer’s Right to Use. Upon delivery of the finished (raw files and drafts remain the property of Strong Estate) product, the Customer has the right to use the product consistent with its business purpose, provided that the Customer gives Strong Estate credit when possible. The Customer is solely responsible for any third party costs relating to the use of the product, such as paid online advertising services.
7. Strong Estate’s Right to Use. The Customer hereby authorizes Strong Estate to use the product in Strong Estate’s portfolio, which may be displayed on Strong Estate’s website, social media, or other forms of marketing/promotional materials.
8. No Guarantee of Rank. While Strong Estate strives to provide the best possible product for each customer, Strong Estate makes no guarantees about the Customer’s Google rank, amount of traffic, other optimization, or overall success as a result of using the product created by Strong Estate.
9. Limitation of Liability. Strong Estate’s total aggregate liability to the Customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the product shall be limited to the charges paid by the Customer for the product that is the subject of any such claim. In no event shall Strong Estate be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. This limitation of liability shall be enforced to the full extent allowable by law and shall survive the termination of this Agreement.
10. Indemnity. The Customer agrees to protect, defend, indemnify and hold harmless Strong Estate and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, but not limited to, attorneys’ fees and costs) imposed upon or incurred by Strong Estate directly or indirectly arising from the Customer’s violation of these Terms and Conditions, the Customer’s use of the product, and/or the Customer’s violation of any third-party right (including without limitation any intellectual property or other proprietary right). The indemnification obligations set out here shall survive any termination or expiration of this Agreement or the Customer’s use of the product delivered by Strong Estate.
11. Choice of Law/Venue. The parties intend that the laws of the State of Iowa shall govern the validity and construction of this agreement. The parties agree to the sole and exclusive jurisdiction of the District Court of the State of Iowa in and for Black Hawk County for any claims or disputes relating to this agreement.
12. Severability. Should any of these terms and conditions be held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be deemed limited and restricted to the extent that such court shall deem it to be reasonable, and as so limited or restricted shall remain in full force and effect. The remaining provisions of this agreement shall remain in full force and effect.
13. Entire Agreement. These terms and conditions constitute the entire agreement between Strong Estate and the Customer and supersede all prior agreements, understandings and representations whether oral or written.