The very serious bit:
Essence Network Terms of Business for Creative Branding Projects
Here comes the serious stuff. Before reading it you should know that we have NEVER had to wave these at anyone, nor have we had them waved at us! Because we are a small, involved outfit we tend to only work on projects where there is a 'fit' on both sides.
Getting along swimmingly and understanding each other = excellent work.
The following terms and conditions apply to the working relationship between you, the client, and Essence Network, trading as Essence Branding.
Payment of your initial deposit contracts you to agree to the these terms.
Charging for our work
You will receive a written itemised quote for approval in advance.
This quote is an all inclusive fixed fee for design and all related brand consultancy services. Extra charges will only be incurred if you:
•Change creative direction
•Have signed off work and request changes
•Change technical specifications
•You request consultancy or action on something outside of what has been outlined in the quote
Delivery of work
You will be issued with a timeline with delivery dates and a final completion date, which will be agreed on by both parties.
The timeline relies on you responding to work within 48 hours of delivery. If this is not adhered to we cannot be held responsible for failure to deliver on future agreed dates.
No monetary compensation will be given if we are unable to complete the project within the final agreed date.
Work is regarded as signed off once we have received email confirmation that you are happy with the work.
Payment
You must pay our invoices in full within 30 days of the invoice date. We may charge interest on any arrears not paid after 30 days.
Intellectual property
All copyright and other intellectual property rights with regards to any creative work or original ideas belong to us alone.
Once a project is complete and the invoices relating to the project have been paid in full, you have the right, known as a licence, to use our design work, for the purpose intended.
Should you supply any work for us to use in our own, it is your responsibility to make sure that you have the legal right to do so. You must either own the copyright yourself or have permission to use the work. Our use of it must not infringe third party rights.
If you do not comply with these obligations, you accept that you will compensate us for any claims, damages, legal action or expenses we incur as a result of using this work.
If you call a halt to a project before it is finished, you have no copyright licence or similar rights in the work we have done so far. Nor can you make use of our work or exploit it in any way.
You must not alter or modify any of our designs or other work without our agreement. If you have our agreement, the changes must be made by us or under our supervision, at a rate agreed between us.
Termination of contract
Should you terminate or suspend the project for more than 28 days you will be responsible for paying for all costs incurred plus creative and consultancy work completed up to that point.
We have the right, by writing to you, to cancel any commitments we have made:
• If you break any of your obligations under this agreement,
• If you substantially change or call a halt to a project while it is still in progress.
If this is the case you will be responsible for paying for all costs incurred, creative and consultancy work completed up to that point. This includes any current work in progress at the time of termination
Our right to sub-contract
We are entitled to sub-contract any of the work to be carried out on your project.