It is understood that Ritz Momentum (a branch of IBRR Company, LLC) is the exclusive official Graphic, Copywrite, and Brand Development Designer retained to perform design services requested on this contract. These terms are between the Ritz Momentum service (hereon referred to as “Designer”) and any paying customers of said business services (hereon referred to as “Client”).
It is understood that the Designer will not make use of every image submitted. The Client agrees to complete and submit a service request questionnaire found through the Designer’s website for the purpose of expressing in writing to the Designer their desires and expectations for the service being requested. The Client will have feedback opportunities throughout the development process of the requested service, and the Client agrees to abide in part by the Designer’s editing decisions. The Client holds final approval authority for any and all products developed by the Designer.
The Client will receive enhanced images and/or copy via digital download gallery and will inherently also receive usage rights associated with the received images and/or copy. The Designer will only use images that it has purchased through official image distributor websites, or through the subcontracting of image development services, at the Designer’s sole discretion.
The Client is permitted to use images for the purposes of promoting their product, whether it’s on Amazon or any other form of sales or media platform. The Client is not permitted to sell the enhanced images or enhanced copy for any promotional purposes to any other party outside the Client, or make monetary gain from the sale, in whole or in part, of received enhanced images or copy. If there is a refund or dispute of payment, the Client forfeits usage rights and will not be allowed to use any enhancements or enhancement ideas for promotion of their product on Amazon or any other website or platform.
The Client is responsible for submitting the aforementioned informational questionnaire as their initial service request. All information therein shall be accurate and true to the best of the Client’s knowledge at the time of submission. The Client is responsible for making a backup of all images from the digital download. The Designer will make every attempt to keep archival copies of images and copy but does not guarantee that they will be retained indefinitely.
The Client shall assist and cooperate with the Designer in obtaining desired images needed, as well as any information required by the Designer for the proper execution of the service requested. The Designer shall not be responsible for images not taken as a result of Client’s failure to provide reasonable assistance, cooperation, or product information.
Designer will provide any and all business services requested by the Client according to the Client’s specifications. It is up to the Client to decide if they want their product to comply with Amazon’s Terms of Service, or any other platform on which the Client intends to use the product developed by the Designer. By default, the Designer will only provide images that comply with Amazon’s Terms of Service, Conditions of Use, Business Solutions Agreement, Code of Business Conduct and Ethics and all other Amazon documents which dictate regulations for selling and operating an Amazon seller account unless otherwise specified in writing by the Client. The Designer is not responsible for any changes in Amazon’s governing documentation, or any possible negative consequences of enhanced images. The Designer does not guarantee that enhancing images will result in increased sales or profit. All efforts will be made on the part of the Designer to fulfill the desires of the Client with respect to their desired outcome. All efforts will be made on the part of the Designer to match enhanced content to the Client’s specifications and needs. All efforts will be made on the part of the Designer to fulfill the desires of the Client with respect to enhanced lifestyle photos. All efforts will be made on the part of the Designer to match listing copy to the Client’s specifications and needs.
The Designer is understood to be the authority with respect to providing the business services that it offers. The Designer is not responsible for redesigning product photos or copy past 2 revision rounds, nor is the Designer to be held accountable to fulfill revision requests for images or copy 2 weeks after delivery.
The Client must communicate in writing their expressed desire for any and all changes that contradict the professional advice given by the Designer, and the Client must acknowledge in the aforementioned written communique that they are making such request being fully aware that the Designer does not concur with the Client’s desired specifications. In such cases where the Client knowingly and willfully deviates from the professional advice of the Designer, the Client hereby waives their right to any refund at any point after the Designer makes the Client’s specified contradictory revisions. The Designer has complete discretion regarding the reinstitution of the Client’s right to receive a refund thereon so forth.
Payment and Fees
The charges for services are based on the Designer’s assessment of the work required to fulfill the Client’s service request needs.
All efforts will be made by the Designer to fulfill the requested service within 10 business days from the Client’s selected start date, though the date of completed and returned images and copy are subject to be anywhere from 3-7 business days ahead of or behind schedule based on the Designer’s work load. The Designer is not responsible for redesigning product photos or copy past 2 revision rounds after initial delivery, nor is the Designer to be held accountable to fulfill revisions for images or copy 2 weeks after delivery. Any additional revision rounds, or additional pictures for product variations, requested by the Client will be at an additional charge subject to the Designer’s discretion given the Client’s desired revision. The Client has 14 days to request revisions upon delivery by the Designer. Different background images are considered an entire new set subject to additional pricing.
Once the Designer begins work on the Client’s desired service, all payments are final. Save in the cases of Force Majeure, any refunds shall be fulfilled at the Designer’s sole discretion. Should a refund be issued by the Designer, the payment processing fees remain the sole responsibility of the Client. For the purpose of these Terms of Service, Force Majeure shall be defined as the following:
Force Majeure. A party will not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
The Designer aims to offer the very best prices in the industry in order to alleviate many of the large production costs associated with a large firm. While the Designer’s results compete with that of a large graphic design firm and publishing house, the Designer wants all clients to understand that they’re deferring to the Designer’s expertise on Amazon graphic and listing design.
By filling out and submitting the service request form, the Client hereby agrees to these Terms of Service, and fully acknowledges that Ritz Momentum is an authority on Amazon product image and listing enhancement and can be trusted to provide pristine images and listing copy for any product.