Terms and Conditions

Purpose

These terms and conditions exist to protect the rights and obligations of both parties for a successful project outcome. Every project I work on is subject to these terms and conditions. By agreeing to the quote and commissioning the project you are agreeing to these terms and conditions.

The Brief

You agree to supply me with a clear brief of your project. The more relevant information that is included, the better I can fulfil the objectives of the brief. I agree to follow the project brief and liaise with you if I require further information. You agree to supply such information, as soon as possible, to assist me to deliver the project on time.

The Quote

I agree to supply a quote once I have received the brief. The quote will specify a fixed fee (unless agreed otherwise), an expected delivery date, and a contract between you and me.

Inclusions

  • all email, phone and skype consultations regarding the brief
  • one draft document that meets the brief
  • reasonable revisions¹

Exclusions

  • additional work outside the scope of the original brief
  • revisions requested outside the timescale of the quote
  • significant revisions²
  • out of pocket expenses³
  1.  Reasonable revisions are defined as changes consistent with the original brief and timeframe of the project.
  2.  Significant revisions change the scope of the original project and will be charged at a renegotiated fee.
  3.  Out of pocket expenses include items such as travel and accommodation — should they be requested by the client.

Authority to commission project

I agree to accept authorisation via a signed returned contract, or receipt of an email or letter clearly stating that you accept the quote provided. By agreeing to accept the quote you also agree that that you are authorised to commission the project for yourself or on behalf of your organisation and you are subject to the terms of the contract.

Payment

All projects are invoiced for a minimum 50% deposit before work will begin — unless otherwise negotiated.

I will invoice the remaining balance on delivery of the completed project. Payment terms are seven days or earlier.

Delivery

I agree to deliver the draft by the deadlines set out in the quote. If I cannot, due to reasons beyond my control, I will not be held liable for any loss, compensation or damages that may arise.

The project is deemed complete by your approval of the draft via email, or letter.

Reasonable revisions must be requested within 14 days of draft submission.

The project will be deemed complete if no reasonable revisions are requested within 14 days after the draft has been submitted. I will assume that you are happy with the submitted draft and invoice for the balance on your account.

Legal

If any part of our agreement shall be unlawful, void, or unenforceable, then that part can be removed from this agreement without nullifying the legal authority, and hence obligation for compliance, of any other part of the agreement.

Copyright

Copyright of all project materials I produce for you will transfer to you, once I receive full payment for the project. I retain the rights to use the materials for the promotion of my work, unless via prior agreement I have submitted to a non-disclosure agreement with you.

You agree that you own or are authorised to supply all copyrighted materials for use in the project as either reference material or for direct inclusion in the project.

Indemnity

You agree to indemnify me against any direct or indirect action for loss, compensation or damages that may arise from the production and or the distribution of the project or any part of the project.

Errors

I agree to proof read and quality check all work I submit. You agree to proof read and quality check the work I submit before signing off. Whilst I cannot guarantee that the work will be free of spelling, grammatical or factual errors; I will do my utmost to remedy any error through the process of reasonable revisions. You agree to indemnify me against any problems or costs that may arise from any errors in the project.

Cancelation

If the project is canceled I will retain the 50% deposit already paid. If I have completed more than 50% of the project, you will be invoiced for the remaining percentage of work I have completed. If I have completed 100% of the project upon cancellation, deemed as submitting the first draft, you will be invoiced for the full amount due.

Satisfaction

The creative process is subject to interpretative difference. You agree to allow me to make reasonable revisions to fulfil the objectives of the original brief. If you remain unsatisfied, the contract will be cancelled and no extra kill fee will be charged. You will only be invoiced for the percentage of the project completed. I will retain all copyright for the drafts produced. You or any other third party will not be permitted to use this work.

I agree to deliver your project on time and on brief. I want you to be happy with the project. You agree to provide as much detail as possible in your original brief to avoid misinterpretation. You also agree to check the drafts I submit and let me know as soon as you can with any reasonable revisions required.

I look forward to all constructive collaboration with my clients.

 

Feel free to request a PDF of the above.

 

 

 

 

 

Images Credits: Umbrella Detail courtesy of Liz West via Flicka

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