CLIENTS DESIRING TO UTILIZE THE CREATIVE SERVICES OF BRANDETOUR, LLC (HEREAFTER REFERENCED AS BRANDETOUR) HERETO AGREE TO THE FOLLOWING:
- Work will not begin until an advanced payment and any client supplied content, such as text, photography, or other graphic files have been received.
- Brandetour will not work-for-hire.
- Brandetour will not work on speculation.
- Brandetour will not accept non-compete agreements.
- Brandetour enforces a minimum of $100 per project (excluding retainers).
- A proper estimate takes research and time. The necessity and time given to write estimates will be addressed on an individual basis.
- For non-hourly projects, a 50% non-refundable deposit and whether accompanying a signed agreement or not is required before work begins. The remaining balance will be invoiced upon completion of the project and is due on receipt. Some services or projects may require a signed agreement.
- For hourly projects, a minimum deposit of $250 or an amount equal to 50% of the total estimated cost of each project may be requested prior to execution of the project.
- Quarterly Web Hosting Fees - Invoices for web hosting are mailed approximately 30 days prior to each upcoming billing period (calendar year quarter). Payments are due by the first day of each new billing period. Invoices for web hosting will be considered outstanding by the 10th day of the first month of each billing period. If accounts for web hosting are not paid by the last day of the first month of the billing period, services will be discontinued on the next business day of the second month in the billing cycle.
- If outstanding balances are still not paid in full by the 15th day of the second month in the billing cycle, all website files, including images will be removed from the server.
- No domains will be transfered to client or any other third parties until a full payment is received and a Domain Transfer Agreement has been completed via the legal representation for Brandetour, LLC.
- Payment for tangible items must be paid in full prior to production.
- Payments for design fees and other project tasks are due on receipt (within 10 business days) unless otherwise noted on the invoice. An invoice will be considered outstanding after 10 business days.
- Invoices not paid within 30 days are considered overdue and are subject to a 5% monthly finance charge added to the total amount owed.
- After 5 day grace period for any overdue balance, Brandetour reserves the rights to cease all services and all projects will be placed “On Hold” until payment is received including applicable late fees.
- Brandetour is available during defined working hours Monday-Thursday 8:00 am to 5:00 pm Eastern. Fridays are administrative days for Brandetour.
- Preferred communication is by email, followed by scheduled phone calls or meetings. Most other times you can leave a voicemail or send a text requesting a call and Brandetour will follow up within 1 business day if not sooner.
- Quick questions can be answered by text message. If the answer is not simple, a phone call, email, or meeting may be requested.
- All task requests should be provided by email or via online request form. If a task or project is extensive a scheduled phone call or meeting should be arranged. Effort should be made by the Client to collect and deliver all required materials and information when making a task request. Brandetour reserves the right to hold off on project development until all information and materials are received.
- Project estimates are valid for 30 days from the date of the estimate. Project may be re-estimated if, upon receipt of all project elements, Brandetour determines the scope of the project as been altered dramatically from the originally agreed upon concept.
- Printing costs, if applicable, will be estimated separately and payment arrangements made based on printing needs. Fees for print and other tangible product items are to be paid in advance prior to items being scheduled for production.
- Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Brandetour is not responsible for errors or omissions.
- Client understands that Brandetour is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Client understands that Brandetour is a business with other Clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Brandetour. Client understands that Brandetour may require detailed clarification of projects in order to meet expectation and provide the best support and highest quality of work.
- Upon completion and final payment, Brandetour will place necessary web and any online deliverables of final art on a web server or other online access account solely managed by the staff of Brandetour.
- Original design, source, element files and artwork remain the property of Brandetour. If the Client requests source files or elements, additional fees may apply.
Rights of Ownership
- In Accordance with the Copyright Act of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Brandetour, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” is negotiated, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including reselling, reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding.
- Unless agreed upon in advance, Brandetour will not transfer an exsisting site to another server location. Clients may request that a duplicate website be built on a server location of their choice and will incure additional costs for billable time required to relocate and configure the web structure. Exsisting websites built with page generating software applications and other proprietary web templates may not be suitable for web transfer.
- Retainer Fees paid to Brandetour paid by Clients in NO WAY SHALL be construed as a work-for-hire agreement.
- Brandetour retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the Brandetour’s business. Where applicable the Client will be given any necessary credit for usage of the project elements.
- All artwork is maintained as owned by Brandetour and will only be distributed following a separate buy out agreement.
Web Server File Access
- Brandetour offers two types of hosting for client websites. One is cloud-based shared hosting and the other is dedicated web server hosting. As Brandetour's servers are a private secure network, only Brandetour staff has direct access to online file storage. Clients of Brandetour and/or third parties are not permitted to access shared hosting files via FTP (File Transfer Protocol) there are no exceptions to this policy, as this in place in order to protect other Brandetour clients websites/files which reside on these cloud-based servers (This would not be applicable to any client who requested in a written agreement for Brandetour to create and/or manage a web structure on a Wordpress platform).
- Client's wanting access or wanting to provide access to third-parties will be required to purchase a dedicated server and sign a written liabilty agreement for any party access to the server.
- Dedicated servers require a minimum of a two year advanced payment and are only activated once an agreement has been signed.
- Client agrees to defend, indemnify and hold harmless (including payment of reasonable attorneys’ fees) Brandetour, against any and all claims, judgments, costs, damages, losses, penalties, or liabilities which occur, arise out of or result from, in whole or in part, any activity related to this Agreement and the work provided herein. Client’s obligation to indemnify Brandetour will survive the expiration or termination of this agreement by either party for any reason.
- The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the Client observes any nonconformance with the creative brief, concepts or drafts, Brandetour must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to Brandetour. Any usage by the Client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this agreement or in which Brandetour may become a party by reason of this agreement.
Rights of Refusal
- Brandetour will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
- Brandetour also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Brandetour does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Brandetour to remove the contravention without hindrance, or penalty. Brandetour is to be held in no way responsible for any such data being included.