GENERAL WORKING AGREEMENT - This document defines the terms and
conditions of our working relationship. All projects or services that The Brand
Advisory may be contracted to produce or provide for you, the CLIENT, will be
subject to the following:
COMMENCEMENT OF WORK - The Brand Advisory will begin work upon approval of the written estimate, quote or proposal AND only once the deposit payment has been received. Your approval (written or oral) will constitute an agreement between us.
PAYMENT - You, the CLIENT, agree to pay The Brand Advisory in accordance with the terms specified in each estimate, quote or proposal. Where specified, a deposit will be required before any work can begin. All amounts are payable as outlined unless otherwise specified. Any agreed additional costs are payable upon completion of work and before any files are handed to the CLIENT or sent to print on behalf of the CLIENT. The Brand Advisory reserves the right to refuse completion or delivery of work until all due balances are paid.
REVISIONS AND ALTERATIONS - New work requested by the CLIENT and performed by The Brand Advisory after an estimate or quote has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate or quote, The Brand Advisory will submit to you a revised proposal, upon which a revised estimate or quote must be agreed to by both parties before further work proceeds. Third party alterations, including author or copy changes, requested after layouts are completed will be billed at standard hourly rates charged by The Brand Advisory.
NATURE OF COPY - You, the CLIENT, agree to exercise due diligence in your direction to The Brand Advisory regarding preparation of materials and you must be able to substantiate all claims and representations. You are responsible for all trademark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials prepared by The Brand Advisory.
ERRORS AND OMISSIONS - It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The Brand Advisory is not liable for errors or omissions. Your signature or that of your authorised representative, or otherwise your written approval, is required on or alongside all artwork proofs prior to release for printing or other implementation.
FONTS - Fonts are not included as part of our deliverables, nor does The Brand Advisory purchase fonts “on behalf” of our clients. Clients will need to purchase fonts for their own use if they require them.
PRODUCTION SCHEDULES - Production schedules will be established and adhered to by both the CLIENT and The Brand Advisory, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, natural disaster, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority or other causes beyond the control of the CLIENT or The Brand Advisory. Where production schedules are not adhered to by the CLIENT, any final delivery date(s) will be adjusted accordingly.
PROPERTY AND SUPPLIER’S PERFORMANCE - The Brand Advisory will take all reasonable precautions to safeguard the property you entrust to us. However, in the absence of negligence on the part of The Brand Advisory, we are not responsible for loss, damage or unauthorised use by others of such property. The Brand Advisory will use our best efforts to ensure quality and timely delivery of all printed (or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media or others to perform in accordance with their commitments, The Brand Advisory is not responsible for failure on their part. If you select your own vendors, other than those recommended by The Brand Advisory, you may request that we coordinate their work. Although we will attempt to do so where possible, The Brand Advisory cannot in any way be held responsible for quality, price, performance or delivery.
RIGHTS OF OWNERSHIP - Once a project has been fully paid for by the CLIENT, and delivered to the CLIENT by us, The Brand Advisory will assign the re production rights of all design and artwork for the use(s) described in the estimate, quote or proposal. Unless a purchase of all rights (outright purchase) is negotiated with The Brand Advisory, you may not use or reproduce any design or artwork for a purpose other than the one(s) originally stipulated. Any wish to use our design or artwork for another purpose or project requires contact with The Brand Advisory to arrange the transfer of rights and any additional fees before proceeding. The Brand Advisory reserves the right to photograph and / or distribute or publish any work created for the CLIENT, for purposes of promotional and marketing needs including, but not limited to, portfolio presentation, newsletters, brochures, online advertising and social media.
TERM AND TERMINATION - The term of this agreement will continue for work in progress until terminated by either party upon thirty (30) days written notice. If you should direct The Brand Advisory at any time to cancel, terminate or temporarily hold any project, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, The Brand Advisory will transfer to the CLIENT all property and materials held by us and for which you have paid. The CLIENT will indemnify and hold The Brand Advisory harmless for any loss or expense and agree to defend The Brand Advisory in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to, assertions made against the CLIENT and any of its products or services arising from the publication of materials that we prepare and you approve before publication.
The CLIENT will be provided a copy of this set of Terms and Conditions as a supporting document to all quotations for proposed projects and services, and will be subject to the terms and conditions identified. The CLIENT will be requested to read the terms and conditions carefully, sign and date the quotation and return to The Brand Advisory before work can commence. Alternatively, the CLIENT'S approval (written or oral) of the accompanying quote will constitute an agreement between the CLIENT and The Brand Advisory.
These Terms and Conditions are effective as of Jan 2019 and are subject to change at any time without prior notice.
© Copyright The Brand Advisory.
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