Terms and conditions
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Quote Upon receiving a request for a quote, and based on the information provided by the client, we will prepare a proposal and reserve the right to amend this fee if the job takes longer than anticipated, or if the scope of the project changes. The client will be informed promptly and without prejudice if this in the case. Confirmation of a project Before starting a project, we require the client’s written confirmation that they are commissioning us to work on a project for their business, and of acceptance of the proposal. It will be assumed that this confirmation also binds the client to these Terms and Conditions. Payment The client agrees to pay a non-refundable deposit of 25% of the project cost before any work begins. The balance of the project cost is due within seven days after completion of the project. Creative brief It is in the client’s interest to provide us all the necessary information to complete the project to requirements. We require each client to submit a creative brief before any work can begin and will provide a self-explanatory template for this purpose. Contract A contract will exist only between Brown Owl Marketing and the client, not between Brown Owl Marketing and any third party. The client agrees to indemnify Brown Owl Marketing against any claim for compensation or damages brought about as a direct or indirect consequence of any work I do for the client or the client’s organisation. Copyright Throughout the term of the project, all material is the property of Brown Owl Marketing, transferring to the client when final payment is made. Until such time, the client is banned from reproducing, altering or redistributing any material produced by Brown Owl Marketing. Once copyright transfers to the client, and unless expressly agreed otherwise, Brown Owl Marketing retains the right to use all or a portion of the material for promotional purposes. If a project is cancelled at any stage before it is finished, Brown Owl Marketing retains copyright, regardless of any previous payments. Payment terms Should the scope of the project change, we reserve the right to increase our costs to take into account any extra time needed. Confidentiality We agree to keep all material supplied by the client for the purposes of the project/s confidential and will be happy to sign a non-disclosure agreement. However, upon us doing so, you agree to indemnify us for any claim for compensation or damages as a result of accidental disclosure or loss of information. Promotion We reserve the right to refer to this project and your business name, and to use your logo and content for promotional purposes, unless a non-disclosure agreement precluding this has been signed. We may approach the client for a testimonial after the project is completed to their satisfaction, although provision of a testimonial is not obligatory. Communication You are asked to nominate one primary contact for all contact and revisions throughout the project. Additional face-to-face meetings can be added to the project at your request. These will be charged at our hourly rate of $70 and will include any necessary travel time. Meetings must be cancelled at least 24 hours before or the full charge of the meeting will be added to your final invoice. If you do not communicate with us for 30 days, the project will be deemed closed and any final amount owing will be billed. Copywriting timeframes We will produce a first draft within the agreed timeframe and will expect client amendments returned within five business days. Upon submission of the first, second or final draft, if we have not received any comments within five working days, we will assume that you have accepted the work and will send the final invoice. While a longer timeframe may be negotiated, if the project has not reached the final draft 60 days from the delivery of the first draft, we reserve the right to charge the client 100% of the total cost of the job, less any amount already paid. Changes to timeframes We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control, including major illness or family emergencies, may prevent us from getting work to you on time. We will inform you within two business days if there are any timeframe issues. If we are unable to complete work because we have not received information from you, we will continue the project at our next opportunity. This may affect your overall timeline. Cancellation and rejection fees If you cancel the project for whatever reason, after we have commenced work, we reserve the right to charge 25% of the fee proposal. Normal payment terms will apply in these circumstances. If for any reason, we need to cancel the job before it begins, we will refund the deposit. Ongoing or retainer work Any work which requires a monthly retainer (for instance, regular newsletters) requires monthly payment up-front. If the client wishes to cancel the work at any time before the agreed contract is completed, they will be liable for the next month’s payment. |