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 in writing 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: LOGO: Once a logo package has been
fully paid for by the CLIENT, and delivered to the CLIENT by us,
The Brand Advisory, we will assign the reproduction rights of the
logo design and artwork deliverables for the use(s) described in
the estimate, quote or proposal. ALL OTHER DESIGN WORK: The
Brand Advisory owns the copyright of any concepts, non-final
artwork, and ALL working files. We also hold the license to all
fonts, stock imagery and elements (unless otherwise stated or
pre-arranged with us).
Unless a purchase of all rights (outright purchase) is negotiated
with The Brand Advisory prior to commencement of a design
project, the client 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.
All new clients are provided with a copy of our Terms and Conditions which must be cited and approved by client at the initial design proposal stage prior to engagement of our services.
© Copyright The Brand Advisory. Subject to change without notification.
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The Brand Advisory
0408 536 936
Suite 2, 94 High Street
Berwick VIC 3806 Australia
Meetings by
appointment only