Fever’s Terms and Conditions
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that FEVER COMMUNICATIONS INC. (hereafter know as FEVER) may be contracted to produce or provide for CLIENT will be subject to the following:
WORKING/BILLING PHASES – Based on our experience with long-term design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases. Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. If specifications, deliverables, objectives or timelines change enough, estimates will adjust to reflect the changes. Any canceled project is billed only through phases and/or portions of phases that were actually completed by FEVER. For each project, the CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services. We will begin work upon the CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES – CLIENT agrees to pay FEVER in accordance with the terms specified in each proposal/estimate. Should specific terms not be outlined, FEVER’s standard payment terms are 50%deposit upon approval, interim billing on projects with timelines longer than 60 days, balance on completion of project to the CLIENT’s satisfaction. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid. Estimates are valid for 30 days from date on estimate. The client will be notified of any price changes.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, purchase of stock photography, shipping and handling or courier services. Unless the project estimate states otherwise, all out-of-pocket expenses will be billed for separately. Expenses will be itemized upon request. Expenses are subject to GST. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
REVISIONS AND ALTERATIONS – New work requested by the CLIENT and performed by FEVER after a proposal/estimate 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, we will notify you, and out of scope work will be billed additionally. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at FEVER’s standard hourly rates. Unless otherwise noted, estimates and project scopes include two sets of client alterations on design projects. Additional sets of alterations may be billed additionally if required.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “ Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. “Priority Scheduling” will result in overtime charges.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. FEVER does not assume responsibility from copyright infringements resulting from the project.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. FEVER is not liable for errors or omissions. Your approval or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
PLACEMENT OF ADVERTISING – At your request, we will purchase media space on your behalf. Space will be billed to you at current rates plus the standard agency commission.
LIENS – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
PROPERTY AND SUPPLIER’S PERFORMANCE – FEVER will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. 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, FEVER is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery. Coordination charges may apply.
RIGHTS OF OWNERSHIP – Once a project has been delivered by FEVER and is fully paid for by the CLIENT, FEVER will assign the reproduction rights of the approved design for the use(s) described in the proposal. While FEVER may present more than one direction/design concept, usage rights are granted on the selected direction/design concept only. Should the CLIENT require usage of the alternate directions/design concepts, additional usage and/or design charges may apply at the discretion of FEVER. 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 FEVER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with FEVER and/or his/her authorized representative, 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 and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by FEVER, or purchased from a stock agency on your behalf, for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. We agree to store digital files for a period of 2 years beyond the delivery of a job. Thereupon, we reserve the right to discard them. All working files (digital or otherwise), remain the property of FEVER.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. CLIENT will indemnify and hold FEVER harmless for any loss or expense (including attorney ’s fees), and agree to defend FEVER 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 CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both the CLIENT and FEVER, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or FEVER. WHERE PRODUCTION SCHEDULES ARE NOT ADHERED TO BY THE CLIENT, FINAL DELIVERY DATE OR DATES WILL BE ADJUSTED ACCORDINGLY.
RIGHT OF ARTISTIC INTERPRETATION – The CLIENT will be given an opportunity to sit-in or assist in the direction of outside services such as photography, videography, sound recording, printing. Should the CLIENT reject the opportunity, the CLIENT loses the right of direction and leaves all creative control of the service to FEVER without holding FEVER liable for creative decisions made on behalf of the CLIENT.
DESIGN PROCESS AND APPROVALS – Each project has a process and checkpoints where CLIENT approvals are required before moving to the next step. Should the CLIENT wish to alter direction on a previously approved direction, the additional work involved to satisfy the altered direction is viewed as an out of scope requirement that may be billed additionally. Unless otherwise noted, all design projects include two (2) initial designs.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the Province of Alberta applicable to agreements entered into and performed in the Province of Alberta. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.