Terms & Conditions Policy
Working From The Same Page
This Terms & Conditions Statement sets forth our current practices with regard to how we work with you "our client". We are flexible with regard to the conditions below so do not be put off. These terms are for both our benefits and so we can both work from the same page in order to make sure your project is successful and done in a timely fashion.
PRICING and PAYMENT:
Projects are billed hourly or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal. Final payment is due within 30 days of invoice date. Late payment will be subject to a fee of 5% of total invoice costs.
A 50% deposit is required in advance and will be expressed in the estimate (for example: invoicing 1/2 of the estimated project fees before work begins and 1/2 due at project completion). We are flexible on this and can facilitate payments at milestones defined in the project, however, a minimum 30% deposit will still be required.
We make every effort to be as accurate and complete as possible on estimates. To receive a project estimate, you must submit the exact specifications of your job. In some cases, a range estimate will be given, based on knowledge of project at the time of estimate. If, upon receipt of all project elements, we determine the scope of the project has changed from the originally agreed-upon concept, the project may be re-estimated or additions may be billed by the hour.
Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate. The client's approval will be obtained for any increases in fees or expenses that exceed the original estimate. Final fees and expenses will be shown when the invoice is issued. Estimates are valid for 30 days from date of issue. All outsourced fees will be estimated separately.
Out-of-pocket expenses will be subject to an industry-standard markup to cover time and costs involved. Unless projected to be costly, they will not be included in the estimate. Any expenses expected to be above £100 will be discussed with the client. The client shall reimburse myself for expenses arising from this project, including but not limited to: photography, fonts, hi-res scanning, digital proofs, production expenses, long distance, postage, travel, sales tax (when applicable), messenger services, shipping, hiring of contract writers/designers, software, web hosting, and printing fees.
Items generated in-house, such as color/black & white output and DVDs/CDs, or royalty-free images from my collection, will be billed at a flat rate fee per item, established by myself. Mileage will be billed at the current mileage rate.
The client will be ultimately responsible for final approval of all work. It is important to make all final corrections before the project goes live to avoid delays and additional fees. We are not liable for any work required after final approval by the client.
Invoices will include (and the client shall be obliged to pay) fees or expenses that were orally authorised.
Any delay in the completion of a project due to external forces beyond our control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, etc.), or actions and negligence of the client (i.e., content delivery delays), shall entitle me to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay.
In the event of cancellation of a project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mockups, shall be retained by us. Any usage by the client of any of the project elements will result in appropriate legal action.
A cancellation fee for work completed shall be paid by the client. The cancellation fee is as follows: 50% of total project fee for preliminary work, concepts or mock-ups. 75% of total project fee after preliminary work but before completion. 100% of total project fee for completed work regardless of final approval.
If the client wishes to make additional uses of the work, client shall seek permission from me and pay an additional fee to be agreed upon.
It is the sole responsibility of the client to ensure that any intellectual property (artwork, code, etc.) that they provide is owned by them in accordance with copyright laws. We cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client. Likewise, we are responsible for any intellectual property we supply.
Under copyright law, we retain ownership of the original artwork pieces (including but not limited to design concepts, sketches, mock-ups, etc...) created for the client, although the client shall be owner of the final product/implementation (i.e. website). The original artwork may not be reproduced without consent from us.
All code parts produced during the work relationship shall be owned by ourselves and may be reused in future projects, although the actual implementation (website, web app, etc.) of that code is solely the clients. We shall not reproduce that same final implementation elsewhere unless this is a free theme or works of this nature. The client reserves the right to reuse, modify, or transfer their implementation although the code itself cannot be resold without consent from us.
Modifications of the project agreement must be written. The only exception to this may be where the invoice may include, fees/expenses that were verbally authorised.
LIMITATION OF LIABILITY:
We cannot be held liable for any consequential or special damages, such as profit losses.
We may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers and websites, unless otherwise requested by the client. We may use the completed project and any preliminary/unused designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of ourselves or on behalf of any client. Where applicable, the client will be given any necessary credit for usage of the project elements.
See your quote or estimate to determine the client specific responsibilities you have to contribute to the success of this project. In addition, you may be asked to complete other responsibilities in the Project Scope document that may be created once the project begins. It is important that these are executed in a timely fashion and your signature binds you to fulfilling these objectives.
Written approval or a signature on this document from you, the client, or payment of an invoice issued as a result of a quote or estimate, indicate authorization from your company to proceed with the project described within this document. You are stating that you are a legally authorized representative and are committing to pay for all fees incurred in the production of this project and that you agree to the Terms laid out here.
Client shall bear all costs, expenses, and reasonable legal fees in any action brought to recover payment under this contract or in which we may become a party by reason of this contract.
We will sign a document of this nature if required by the client. However, you may be assured that any client information provided to us will remain confidential. If the client requires a project or a new product to be developed we can sign a non-disclosure agreement but payment terms would be required in case of any potential losses to us.
Signed agreements will be required before work commences.
Where to next?
Date: 16th February 2009
This Terms & Conditions Policy is updated on the above date, this can change if and when the need arises to keep information up to date in this policy.
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