Verve Creative Studio Content Management System Terms of Service
Acceptance of Terms Verve Creative, LLC makes this Website (the “Site”), including all information, documents, content, materials, software and services (the “Materials”) available to you for internal and commercial use subject to the terms and conditions set forth in this legal agreement (“Terms of Use”). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Verve Creative, LLC reserves the right to modify the Terms of Use at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the current Terms of Use. If you do not agree to the Terms of Use, do not use the Site. The terms of Verve Creative, LLC Privacy Policy Statement (“Privacy Policy”) are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.
Privacy Policy Verve Creative, LLC will never disclose your personal information without your express consent. We safeguard your personal information from unauthorized access through access control procedures and physical security measures.
Terms of Service Support and Maintenance: The Client may contract Verve Creative, LLC for website maintenance services at a pre-negotiated annual rate. With CMS maintenance packages we monitor and provide updates to the website that ensure optimal functionality of the website and database (Maintenance services are explained below in the Client Administrator Guide). Should the client decide to not participate in a maintenance agreement, the client is responsible for all required maintenance and updates to the Site. Other support inquiries, maintenance requests and website changes will be responded to within 48 hours during normal business hours.
Security and Updates: Verve Creative, LLC accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party. As with any software application or website, it is very important that Content Management Systems are updated on a regular basis. Not performing updates can result in both functionality and security issues. After the 30 day grace period, the Client is responsible for database backups and updates to the CMS along with any installed plugins.
Terms of Use License Information Verve Creative Studio Content Management Systems are licensed under https://themeforest.net/licenses/terms/regular and WordPress General Public License http://wordpress.org/about/gpl/ for WordPress website development.
- You can modify or manipulate the Item.
- You are licensed to use the End Product (a “single application”), and the End Product can be distributed for Free.
- You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- If you or want to Sell the End Product, you will need the Extended License.
http://creativecommons.org/licenses/by-sa/4.0/legalcode Elements of the Site including the Administrative Dashboard are protected by trade dress and other laws and may not be copied or sold in whole or in part. For permission to use third-party materials appearing on the Site, please contact the owner of such materials.
Access to the Website The Site may experience downtime due to maintenance or malfunction of computer equipment, servers or other reasons. If you do not abide by the provisions of the Terms of Use, Verve Creative, LLC may immediately deactivate your user account and/or temporarily limit access to the Materials, and/or the Site. Verve Creative, LLC shall not be liable to you or any third party for any inactive or temporary limited access of the Site.
Account Security & User Accounts In most cases, to access your account you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Verve Creative, LLC immediately of any unauthorized use of your account or any other breach of security. Verve Creative, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Verve Creative, LLC or another party due to someone else using your account or password.
No Additional Rights You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Verve Creative, LLC, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use the Verve Creative, LLC name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Verve Creative, LLC.
Limitations on Liability Verve Creative, LLC may make changes to the database Materials at any time, without notice although it is a priority to provide substantial prior notice should maintenance require downtime. The Materials on this Site may become out of date and Verve Creative, LLC makes no commitment to update such Materials unless as specified in a separately negotiated maintenance contract. Verve Creative, LLC assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other corporations’ sites, services and products are provided “as is” without warranty of any kind, either express or implied.
Indemnification By using this Site, you agree to indemnify, defend and hold harmless Verve Creative, LLC and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site, and/or (c) your activities in connection with the Site.
Choice of Law and Jurisdiction This Site (excluding links to External Sites) is powered by Verve Creative, LLC from its offices in Cedar Rapids, IA, USA, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Verve Creative, LLC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Iowa and the federal laws of the United States of America applicable therein. You and Verve Creative, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the State of Iowa, the United States of America with respect to such matters.
General The Terms of Use and the Privacy Policy constitute the entire agreement between Verve Creative, LLC and you and govern your use of the Site. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Verve Creative, LLC, as described in “Acceptance of Terms” above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Verve Creative, LLC to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.
Verve Creative Studio CMS Client Administrator Guide
When you are delegated the role of Website Administrator for a Content Management System (CMS), there are several things you must be aware of. As with any software application or website, it is very important that Content Management Systems are updated on a regular basis. Not performing updates can result in both functionality and security issues. After the 30-day grace period, the Client is responsible for database backups and updates to the CMS along with any installed plugins and themes. We can make recommendations on the frequency and depth of updates and maintenance. However, to ensure the performance of the CMS we strongly recommend a maintenance service contract. As a website administrator here are several items you are responsible for:
Updates and Releases: Ensuring the CMS is updated and running the latest release is your responsibility as the application administrator. In absence of a maintenance contract, we also recommend subscribing to the relevant CMS updates to be sure you are notified of new releases (WordPress, Joomla or Drupal).
Malware and Viruses: Content management websites are very complicated and your web hosting service, email setup, other web pages, hackers, scammers, etc., can generate a wide variety of problems that we have no control over. Verve Creative Studio can assist by investigating any problems that may occur with your website and providing recommendations.
Cross-Browser Compatibility: In order to ensure consistency of design across the growing number of browsers, a site needs regular testing. Content management systems need regular monitoring and updating to ensure optimal performance across all major browsers.
Security: Hacking is a growing concern for both websites and on-line businesses. As attacks adapt and become more sophisticated, it is more important than ever to take measures to protect websites against hidden viruses and malicious software. It is important to have defenses utilizing the latest security software to prevent hackers from gaining access to your site.
Backups: It is extremely important to ensure that your information is backed up in order to avoid losing work, information and/or software. Content Management Systems should undergo regular and thorough backups so that they may be fully restored in case of loss.
Plugins: Today’s rich Internet experience is made possible because of functionality plugins. Some plugins work independently of your website’s content and files, just adding a little something special to the page. Others require modification of content and files, including changes to your database. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.
Website Hosting: Hosting is necessary in order to view the website on world wide web. However, hosting servers are also prone to ‘crashes’ resulting in sites going offline from time to time. The reasons for this downtime are numerous and the fault does not always lie with the hosting company itself. There are many problems with connectivity beyond their control. Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help and restore your website. Contacting the hosting company directly in the event of problems can lead to lengthy and complicated email conversations as many are now unreachable by telephone. With a maintenance contract, Verve Creative Studio can assist you by liaising with the hosting company to sort out the situation as quickly as possible. It is also important to recognize that the speed of your website is determined by many factors such as website growth (an increase in page and content) and increased traffic. If you experience decrease in website speed it might be time to consider upgrading your hosting plan and/or utilizing CDN services.
Website Maintenance Agreements
The Client may contract Verve Creative, LLC for web site maintenance services at a monthly rate. Maintenance plans take the headache out of managing most of the items explained in the Client Administrator Guide because we take care of it for you.
Verve Creative Studio CMS Maintenance Package includes: Updates Backup Core Files Backup Stored Archives Backup Media Files SPAM, Revisions and Database Cleanup Database Optimization Security Scan Plugin & Theme Installs and Updates Performance Scans Email Support
Additional Services: Any revisions, additions or redesigns the Client requests a representative of Verve Creative Studio to perform that are not specified in this document shall be considered “additional” and will require a separate agreement and payment. Verve Creative Studio shall advise the Client on any requested work that falls within these bounds. Services not considered standard website maintenance are subject to be charged at the regular hourly rate. Should the client choose not to participate in a maintenance agreement, the minimum charge for as-needed maintenance is $50/hour.
Online Bookings
Booking An Appointment: Session prices and dates are locked in upon receiving your 25% deposit billed upon our approval of your booking, of which, $25.00 is non-refundable for fees greater than $100 (Any session fees under $100 require only a $25 non-refundable deposit). If you do not submit your deposit immediately, we cannot guarantee your session date will be available the next time you contact us.
Cancellations: All sessions require a non-refundable $25 deposit when booking. If the session is canceled by the client for any reason, the non-refundable deposit is forfeited. We have a limited number of sessions available therefore, a canceled session isn’t something we can fill last-minute. Each booking has a cancellation deadline. If you cancel before the cancellation deadline, your deposit minus the $25 non-refundable portion will be refunded. If for any reason Verve Creative Studio or its representatives have to cancel a session due to an emergency, we will always offer to either refund your deposit or schedule you on the next available date that works with your schedule. If the session is for a particular event, we will do our best to find a replacement photographer/videographer.
Bad Weather: Iowa has serious weather extremes, and each month comes with its own challenges. If your session is scheduled outdoors, and it rains that day, we will certainly work with you to reschedule or move your session indoors! We don’t move sessions more than 24 hours ahead of time because Iowa weather isn’t always accurate more than 24 hours ahead (and even sometimes 2 hours ahead). Some seemingly bad weather makes for great photos (such as cloudy overcast skies are an awesome time for photos, and snow makes for gorgeous backdrops). So, don’t be disappointed if the sun isn’t shining, your photos will still be awesome! In the winter, there is always a chance of extreme cold or snow. We photograph outside year round, so we prepare for inclement weather! The same goes for the heat in the summer, as Iowa can be very hot. In the summer, we will mostly photograph in the shade. Should weather such as wind or rain prevent the safe flying of our drones for aerial motion and still photography, we will try to reschedule your session for the next available date. All weather-related cancellations are up to our discretion.
Arriving Late To Your Session: Many of our sessions are booked back-to-back, with only enough time to travel (or in the case of a studio session, clean up and reset) in between sessions. Therefore, the session time you booked is the time when your session will start, whether you arrive late or not. Please provide notice if you will be late. If late more than 10 minutes we will assume you are not coming to your session and your deposit will be forfeited.
Payment: Any remaining money due is to be paid in full prior to delivery of project files. We are paperless and accept only credit card and ACH payments via QuickBooks Online.
Completion & Delivery: We typically get photos out to clients within 5-7 business days but ask that you plan on a range of 1-2 weeks in case we have other back-to-back obligations. If the photos will take longer than 2 weeks, we will always let you know ahead of time. This is a very rare situation.
Artistic Expertise: We capture many images during your session, and the edited images that you will receive will be selected by Verve Creative Studio. We carefully edit and review each image to ensure each photo is up to our standards. If you would like to review all images from your session, this can be done by purchasing the “Raw Images” CD. Additional edits can also be requested from the Client for an additional fee.
Digital Retouching: We want you to book with us because you love us and our work! For business portraits, we love to keep things very natural, which means we also keep things very simple in our photo editing process. If you are asking for major alterations (background removal, replacement of entire persons, body parts, or objects, etc.) and we are capable of accommodating the request, you will be quoted separately for this.
Raw Images: If you purchased unedited images, these cannot be used in any form on social media. The intent of these images are for posterity as well as your ability to review all images and request additional editing. Please understand this is not our final product, which is why we do not want it advertised as such.
Health & Safety: We reserve the right to cancel any session that poses a health or safety risk to the client or Verve Creative Studio and its representatives. Likewise, should weather prevent safe flying of our drones for aerial motion and still photography, we will try to reschedule your session for the next available date.
Backup and Storage: The client is responsible for ensuring that digital photographs are adequately backed up after delivery. The Client is also responsible for checking that all photos are present on any form of delivery (digital, email, CD, etc.) within 1 week of receipt. If loss occurs and we are able to recover photos, there will be a recovery fee for the time and cost involved in retrieving and editing photos should the Client lose photographs.
Communication: Communication is key when scheduling sessions! We do our best to respond within a few hours to any emails or messages. Voicemails can take longer to respond, simply because of our schedule constraints. We expect all clients to be reachable the day of the session by whichever contact method was provided during booking, in case of emergency. If there are any concerns with the images or video received from your session, please contact us within 30 days as we do not guarantee storage of photos after that time.
Company Headshots: For Headshot photography services, it is important to prepare for your shoot date. Here is our Headshot Guide to help you prepare for your session. The photographer requires that only individuals scheduled for headshots on the shoot date are present during the shoot. This is required in order to ensure the session is as smooth as possible, without interruption, and stays on schedule.
Brand Photography: For Brand photography and videography services, it is important to ready your business location and/or products prior to the shoot date. The photographer/videographer requires that no individuals other than those necessary for the production are present during the shoot.
Real Estate Services: For Real Estate photography and videography services, it is important to ready your property listing prior to the shoot date. The photographer/videographer requires that no individuals are present inside the property during the shoot.
