Do you have questions about our terms and conditions? Here are the answers.
Unless otherwise agreed, Agency [3rdPlus] terms are as follows:
Payment terms: 50% upon acceptance and 50% upon completion. This applies unless a project spans more than three months, in which case a progress billing may be submitted. Clients are responsible for paying applicable sales tax and shipping. Direct expenses are invoiced as estimated and agreed upon.
Agency agrees to sell a product with a stated and agreed use — a “product” for an agreed sum. Products can include [but not exclusive to] advertisements, logos, brochures, web copy.
Clients have access and ownership to the following: logos, color standards, and brand standards specifications. In addition, clients maintain ownership of stock photography [non-exclusive ownership of royalty free or royalty which can be used for stated product], exclusive ownership of custom photography, and native files of the product to be used for reprints of the product or re-runs of the product in media.
Excluded in Ownership: Because the agency sells creative intelligence, in addition to time and materials, using products to create any product or communication for entities other than the intended organization is not allowed (for example, a brand brochure design created for Company A, can not be copied for Company B.). However, terms can be re-negotiated for future purchase if so desired.
Archive access to six months prior native files are maintained within access on servers. After that time, files are archived and can be provided for $150 per zipped file which includes agency for time to de-archive, review, collect, download to a memory device and deliver. Agency retains ownership of its own proprietary process information that is relative to their business process, such as strategy approaches, brand guidelines and other business documents including estimates, invoices and communications. The agency maintains the option of using work samples for portfolio use. Clients maintain responsibility for maintaining their own business records.
