TERMS of Service

for IMAGEINATION Services at Imagenisis.net

Original Issue: July 25, 2003
Revision Date: Friday 07/24/2009 10:34 PM
Change Effective: Immediately

When you take your first steps on the road to success with your goals, do so with a confidence that comes from not only knowing the direction you want to take, but also by being as confident as possible that your message represents you. Confidence is not arrogance. Confidence inspires trust. The image you project must have substance-yet substance may be denied an opportunity to show itself if you cannot attract the required attention. To seize that attention we propose that you engage the service we call IMAGENISIS for Custom Image Works. These services are presented by IMAGEINATION at URLs: imagenisis.net and imageination.us.

DEFINITIONS: Please note definitions of the following as they apply to, or are used to explain products and services offered here:

-agreement: consent to terms and conditions for project development offered by invoice or contract

-contract: a formal written agreement for project development

-Customer, customer, you: individual, group, business or organization requesting project development

-Creative Collaboration: name for project development that requires varying degrees of customer input to the process

-Custom Image Works: project development that reflects the customer

-Imageination or Imageination.us: us, we: the company responsible for offerings at imagenisis.net (noted as IMAGEINATION/IMAGENISIS on occasion)

-Imagenisis, imagenisis.net: the Internet home for Imageination, name evolved from "image" - representation, message; genesis - beginning with unique individual attributes or genetics; Isis - a nurturing approach (noted as IMAGEINATION/IMAGENISIS on occasion)

-instruction: information designed to improve digital literacy on the personal computer presented in computer lab, online via webconference, and in titles called INTRODUCTIONs to computes and the Internet authored at Imageination.

-invoice: billing method containing summary of project, cost (estimates, quotes or actual), and delivery terms

-project development: the steps taken to respond to a customer request, beginning with an inquiry and ending with the finished product

-participant: customer who is the recipient of instruction in a one-to-one or group setting onsite or online

-project deliverables: finished products including authored text, images, animation, sound, page design as requested by the customer

-third-party: consultants, specialists, service providers whose contributions may require the customer to give separate consent and/or accept separate payment arrangements (e.g. license, subscription)

-URL or location on the worldwide web for IMAGEINATION: www.imagenisis.net with alternate access at www.imagenisis.com and www.customimageworks.com (2005)

IMAGEINATION

Imagination (the company is IMAGEINATION) is the power or process of forming a mental image of something not present. For example: a collection of loose photos and papers can result in the expected portfolio or, with personal attention it can be a vivid description of who you truly are. Apply that same power (we say energy) or process (we say IMAGENISIS) to your new company logo, your new resume, or those boxes of photos you plan to exhibit at the family reunion. The recipes require the same main ingredient - a study of you, of your experience, your physiology, your favorite music, even your birthdate! Add to that healthy measures of artistic talent and technical expertise (if we don't have it on staff we'll find it!) and the outcome will be unique - it will reflect you!

Offerings at imagenisis.net (also accessed at customimageworks.com) are grouped under three main headings to to help with reviewing options:

  • CUSTOM - offering approaches to project development that include varying degrees of customer involvement: FREE Estimate, Custom QUOTE, Quick ORDERS, Coach, and Webhost Referral for Do-It-Yourself
  • IMAGE - project offerings, requirements, and budget detail are presented for website, webpieces (additions to existing websites), flash animation, html newsletter, interactive installations - chatroooms, blogs, data management and more - with required webhost
  • WORKS - details of project development including artists who provide creative and technical input; security and privacy provision by third parties; technical support for programming and instruction

Project development at IMAGEINATION/IMAGENISIS is meant to guide the mental picture of you that others will form when you cannot be physically present. "You never get a second chance to make a first impression."

Instruction is designed to increase your skill and comfort with the personal computer - desktop or laptop. Instruction is presented in groups or one-to-one in settings that include: computer labs, online via webconferenc, and with written tools designed for use from the desktoop or laptop computer.

The following provides a step-by-step of the process. Let us work with you and your budget to meet your needs and to produce the set of tools that send the message you want received. An Invoice or formal agreement will outline the specifics of the project, costs, and timeframes involved. Outlined below are the details of our services:

IMAGENISIS - PROJECT DEVELOPMENT

ADVERTISING

REQUIREMENTS for Service Delivery

PAYMENT TERMS FOR IMAGEINATION SERVICES

CUSTOMER RELEASE

RELEASE for PROMOTIONAL CONSIDERATION is a separate document presented to customers, collaborators, providers and other associates to seek formal permission for display of images, sounds or links to resources as part of activity to generate interest in products and services.

CUSTOMER eMail PREFERENCES is a separate document presented to Customers with active project accounts and inquirers who submit IDEAS on the ImageQUERY form.-NEW

IMAGENISIS - PROJECT DEVELOPMENT

Project Development at imagenisis.net is Custom in nature and includes varying degrees of Customer involvement in the process called Creative Collaboration. The degree of involvement is a Customer choice. In general, project development will go forward according to the following:

INQUIRY: Project specifications are given at completion of a written application or an interview. Customers are asked to indicate the degree to which they want to be involved at application. This may affect costs.

ESTIMATE: A general outline of project activity and costs based on Customer inquiry is presented to the Customer on an Invoice for review and approval. Estimates are presented free of charge

QUOTE: A detailed outline of project activity and costs based on interaction with the Customer is presented on an Invoice, with detailed outline attached, or by individual contract for review and approval. Costs for quotes are dependant upon the complexity of a project and the detail requested. Costs for a quote are non-refundable and are deducted from the total costs for project development.

AGREEMENT/AUTHORIZATION: Customer agreement is entered by written acceptance - signature or email - of the Invoice or by agreement to a contract. or by payment of the DEPOSIT required to begin project development. Customers will be asked at various times to approve elements of the project . Deadlines will be indicated for:

- START of Project and at various points in project development. Authorizations may be presented in writing, by email, or by vocal consent of the Customer on record

- DRAFT - Customer will be ask to approve with recommendations for minor changes.

- PROJECT COMPLETION - PAYMENT of Balance accompanies approval to FINALIZE the project. OWNERSHIP of Deliverables:

Project deliverables are the property of IMAGEINATION until final payment is received unless specified otherwise by contract. Deliverables become the property of the Customer as agreed to and indicated in Estimate or Quote invoices or by Contract.

COPYRIGHT PROTECTION and Works Made for Hire

Deliverables such as logo designs, illustrations, ecommerce websites, and computer programs completed by Imageination (independent contractors) are not considered works "made for hire."1 Rights relative to these deliverables are owned by Imageination and the completed work can reproduced or utilized outside the initial project scope. Customers seeking ownership and copyright protection for works not declared as works "made for hire" can request a written transfer of copyright ownership at Inquiry. This request will become a part of the project Estimate, Quote, or Contract.

1 A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a ''supplementary work'' is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an ''instructional text'' is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities." ("The Copyright Act of 1976," Title 17, Chapter 1, Section 101.) >

TOP Method Payment Release

ADVERTISING

Advertisers whose products and services appear in LINK or ADV Depot, as owners, are responsible for the content of their ads - here referred to as ADV. IMAGEINATION artists and web designers are responsible only for the display of the products and services. Appearance of such advertising at www.imagenisis.net - Custom Image Works - is neither an expressed nor implied endorsement of the products and services by IMAGEINATION. IMAGEINATION reserves the right to discontinue display and link to objectionable content. Allowing advertising doesnot represend endorsement of the specific services or products.

Ads - ADV - are available for display at www.lmagenisis.net, specifically www.links.imagenisis.net., in:

  1. HTML newsletter, LINK, circulated periodically, 3 to 4 times per year
  2. ADV Depot, an indexed ad directory accessed at www.imagenisis.net
  3. Other choices at customer discretion

ADVs include:

  1. Link line with email return and/or URL link.
  2. Image or business card display link with email return and/or URL link.
  3. Multimedia, including FLASH animation - .swf - and Quicktime-edited audio or video clips.

ADV content is developed by request and payment of a deposit to start projects. Display of ADV content occurs with payment of account balance. Customers become owners of the ADV at completion, which can include digital watermark references.

REQUIREMENTS for Service Delivery

IMAGEINATION/IMAGENISIS Services are developed with the consent of and for use at the discretion of the Customer. Customers entering into agreements acknowledge that personal qualities and preferences submitted on forms and/or in consultation are the basis for the contention that IMAGEINATION/IMAGENISIS products specifically represent the unique qualities of the Customer. There are responsibilities that accompany this approach. They are outlined in "Requirements for Service Delivery" and are presented here for Customer acknowledgement. Customer signatures) - checkmark indicating agreement to the Customer Release signifies review of and agreement to these requirements and must precede delivery of any service following the initial consultation, in person or by electronic submission of the FLAVOR Application. Information transmission and storage requirements are outlined in the PRIVACY STATEMENT.

REQUIREMENT: IMAGEINATION/IMAGENISIS makes no guarantee for commercial or other success and accepts no liability for outcomes from the use of materials developed for the Customer. Signature to the Customer Release acknowledges this condition with agreement to hold harmless. Acceptance of products under these conditions is further acknowledgement this requirement by the Customer.

REQUIREMENT: IMAGEINATION/IMAGENISIS makes no guarantee or warrantee for participant use of instruction or coaching provided in one-on-one or group settings, onsite or online. Agreement is signaled by acceptance of details, terms and privacy statement on the quote invoice or by VeriSign secured online payment. Introduction to computer use or other topics (specific software or project) presented in lab settings are based on available computers though meant to be adaptable for general use by participants. Security and privacy are the responsibilities of the site and equipment owners. As instructor, IMAGEINATION/IMAGENISIS is held harmless for the consequences of lapsed security and/or inappropriate use of computers and Internet access.

REQUIREMENT: IMAGEINATION/IMAGENISIS Services require Customer Release and Hold Harmless agreements appropriate to the services rendered. Copyright of original materials is assigned to IMAGEINATION/IMAGENISIS as the artist/developer, by appropriate registration. Materials produced remain the property of IMAGEINATION/IMAGENISIS until receipt of Final Payment and delivery to the Customer. Written release by the customer is required for use of materials for IMAGEINATION/IMAGENISIS promotional purposes and cannot be reassigned.

REQUIREMENT: Approval Signature executed by the Customer requires the individual to be eighteen (18) years of age or older, verified by statement or identification. Responsibility belongs to the Customer for use, display, duplication and/or distribution of the materials developed on the behalf of the Customer and paid for as agreed to.

REQUIREMENT: IMAGEINATION/IMAGENISIS accepts no requests to produce materials for restricted adult and/or pornographic use. Photographs/images of minor children (age 18 and under) must be accompanied by specific release and hold harmless from the parent/caretaker. Any submissions of such photographs or other media without release require notification of child protection authorities for appropriate action.

REQUIREMENT: Development of materials of a sensitive, political, religious, or controversial nature are produced at the request of the Customer. The production and display of these materials for professional, promotional or entertainment purposes does not constitute endorsement of the Customers orientation by IMAGEINATION.

REQUIREMENT: Customer information submitted via secure internet connection (SSL) in the course of project development is Confidential. Any analytical notes used for product development are considered private and considered unusable for diagnostic purposes. These materials are given a "for entertainment purposes only" designation. Such information will remain in IMAGEINATION/IMAGENISIS files unless release is specifically requested and/or authorized by the Customer. Customers may elect to authorize display/discussion of products/projects with submission of a Release for Promotional Consideration

TOP Method Requirements Release

PAYMENT TERMS FOR IMAGEINATION SERVICE

PAYMENT to IMAGEINATION is based upon the ORDER submission or the ORDER Invoice that includes CUSTOMER selections and costs. Payments are made by credit card or PayPal account online and check by USMail at time of order or billing. Credit Card and PayPal accounts are maintained securely by IMAGEINATION with PayPal. Paper transaction information is maintained in secure and waterproof storage. Payment types that apply based on types of projects:

  • ALTERNATE PAYMENT ARRANGEMENT is an option if a request indicated on the Estimate or Quote invoice and the alternative is specifically described as an addition to the ORDER Invoice (for example: Instruction).
  • COACH (INSTRUCTION) fees are based on individual agreements on invoices that include a general description of content, location and participation requirements in addition to related costs.
  • CONSULTATION fees are based on anticipated time spent in research, time spent on composition of materials, review of drafts, mileage and long distance phone calls.
  • PER PAGE fees represent costs for layout, paper, presentation (covers, specialized supplies, engraving).
  • MATERIALS fees represent costs for extraordinary, special order, or one-of-a-kind supplies and/or production techniques.
  • DEPOSIT (or FIRST PAYMEN) is made as quoted on project Order Forms by credit card or PayPal account from imagenisis.net or check according to invoice by USMail. DEPOSITS are non-refundable as they represent the START of project development that cannot be reversed.
  • Payment of Balance on Account is due at FINAL approval for paper documents or images, prior to transmission of final documents or images to the Customer.
  • PAYMENT of Balance on Account will be made at the time of DRAFT approval for web-based projects. This payment is necessary to move project to completion - including upload and/or printing activity.
  • Services of a photographer, printer, webhosting, or other third-party specialists are either billed direct to the CUSTOMER or included in billing from IMAGEINATION. NOTE: Release of products to IMAGEINATION are contingent upon terms being met between the CUSTOMER and the PROVIDER. Failure to meet terms may result in project development delays. CUSTOMER is therefore advised to carefully consider the financial impact of making highly specialized, extraordinary requests of either IMAGEINATION or the third-party specialists.

CUSTOMER RELEASE


The CUSTOMER, as indicated on the completed and signed ORDER Invoice, agrees to accept FULL RESPONSIBILITY for payment of services contracted and the acceptable terms of payment as outlined. In the event that there is a default on payment, CUSTOMER releases IMAGEINATION/IMAGENISIS, consultants and providers from any responsibility to produce a finished product within prescribed deadlines. Unless specifically indicated otherwise, all originals, disks, negatives, and information used in the production of the IMAGEINATION/IMAGENISIS project remain property of IMAGEINATION/IMAGENISIS, to be held and stored as confidential unless specific written permission for release is provided by CUSTOMER.

The CUSTOMER agrees to Hold Harmless IMAGEINATION/IMAGENISIS and any consultants for or providers of specific products and services from any liability for the success or non-success resulting from the use of the contracted products or instruction. The CUSTOMER agrees to Hold Harmless IMAGEINATION/IMAGENISIS and any consultants for or providers of specific products, services, or instruction for damage to physical equipment - computers and peripherals - used for instruction. The CUSTOMER agrees to Hold Harmless IMAGEINATION/IMAGENISIS and any consultants for or providers of specific products, services, or instruction for any liabilities resulting from Internet use required for instruction.

Customers will be required to indicate eMail preferences by choosing to Opt-IN (yes) or Opt-OUT (no) of receiving eMail authored at or forwarded from imagenisis.net.1 EMail identified as FYI - memos, notices, project-related information; News - informational text attached to eMail messages; and ADV - advertisement of products, subscriptions, or other purchase opportunities appearing as links within eMail messages or attached to them.

The CUSTOMER grants IMAGEINATION/IMAGENISIS permission for use of designated projects products for promotional consideration and will provide a signed Release for Promotional Consideration, describing the specific conditions of the promotion and designation of the products/services involved on the ORDER Invoice or other relevant forms.

Agreement to this release is acknowledged by Authorized Signature or indication of Agreement on the relevant application, quote or registration form by the CUSTOMER at submission. Agreement to begin project development or instruction signals acceptance of requirements for service delivery and payment for completion of the product and/or delivery of service as described.

1offered in keeping with the enactment of "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or the CAN SPAM ACT of 2003 by the 108th Congress of the United States of America, first session January 7, 2003.

- CHANGES to TERMS of Service -

Specifics of TERMS of Service remain in effect until changes are required. Changes will appear in the text of this statement, with a Revision Date (which may represent minor text corrections) and a Change Effective date, or by hypertext link to added information. Customers with projects under development and active accounts will be notified by the email address provided at application.