For the purposes of these terms and conditions attached to your quotation, “Client” refers to the legal entity to whom the quotation is addressed, and who authorises commencement and acceptance of responsibility for the cost of all works included in the quotation. “Products” refers the any copywriting and graphic design created on behalf of the Client by Chilli Frog Marketing following acceptance of this quotation.
Please read the below terms carefully. By engaging Chilli Frog Marketing, you agree to our Terms and Conditions and Terms of Service as outlined below. The Terms of Service herein will be valid and binding as of the date of signing and will continue to be valid and binding until both the Client and Chilli Frog Marketing agree in writing, that services of Chilli Frog Marketing are no longer required. The below conditions will apply to all individuals, businesses or companies (“Client”) who engage the services of Chilli Frog Marketing, its contractors or subcontractors unless otherwise agreed in writing by both parties.
Hourly rate: $125 + GST.
Quotations are valid for 30 days from the date of issue and any acceptance by the Client after this time can be subject to price review. Revisions and additional work which comprises work requested by the Client above and beyond that which has been specifically agreed upon in writing in this quotation will be subject to an hourly rate charge. In its sole discretion, Chilli Frog Marketing may agree to issue a fixed price quotation for any additional work requested by the Client.
AUTHORITY TO COMMENCE WORK
Work will commence once a formal quotation has been accepted (with it the acceptance of these ‘Copywriting & Graphic Design Terms of Service’ and our ‘Terms & Conditions‘ along with confirmation of receipt by Chilli Frog Marketing of the Stage One upfront payment of 50% of the total quotation amount.
All copywriting and graphic design projects are to be completed within a maximum of 30 days from when the initial deposit is paid. If the client delays the project completion for longer than the allocated 30 days, Chilli Frog Marketing reserves the right to on-charge additional work performed after the 30 day period at an hourly rate charge for the remaining works on top of the original invoice.
The timeframe for all other projects will be subject to negotiation between the Client and Chilli Frog Marketing and will be specified in the quotation. The Client agrees and accepts that while Chilli Frog Marketing will make every effort to complete each project within the specified timeframe, circumstances may change, as may the scope of the project, and therefore the specified timeframe shall not be binding. Further details of Chilli Frog Marketing’s timeframe expectations are detailed below in the section headed ’Project Delays’.
Any time frames or estimates that Chilli Frog Marketing gives are reliant upon the Client’s full cooperation. It is required that a single point of contact be appointed by the Client and that the contact be made available by the Client to Chilli Frog Marketing on a regular basis. Chilli Frog Marketing allows 2-3 working days for Client feedback per stage at the most to ensure the continual flow of the job. Any delays beyond that will incur a time delay on the final project and will be discussed with the client.
Payment in respect of an invoice is required within 7 days of invoice date. All copywriting and graphic design projects must be paid by the client in a two (2) stage process as outlined below.
STAGE ONE: Upfront payment of 50% of the total quotation amount prior to commencement. (A maximum of two (2) rounds of copy and design amendments are included as standard in each quotation. Any additional amendments requested by a client will be subject to an additional fee. At an hourly rate charge.
STAGE TWO: Payment of 50% of the total quotation amount upon completion of project prior to delivery of final files.
Any additional work outside the initial scope of the project agreed with the Client will be charged at an hourly rate charge, including changes beyond the included two (2) rounds of changes per project.
MEETINGS AND PROJECT MANAGEMENT
Call out fees for meetings held off-site as well as on-site will be charged at an hourly rate charge. This includes in-person meetings and meetings over the phone or via skype. Initial meetings and prospect phone calls are excluded. Pre-scheduled meetings that were quoted for or included in a project quote are excluded.
SUPPLY OF MATERIALS
Unless otherwise stated, all quotations assume that the Client shall supply all content and graphic files in a suitable electronic format. If the Client fails to supply materials or to do so in a timely manner, and that failure prevents the progress of the work, Chilli Frog Marketing has the right to invoice the Client for any part or parts of the work already completed.
APPROVAL OF WORKS
On completion of the undertaken project, the Client will be notified and have the opportunity to review it. The Client should notify Chilli Frog Marketing in writing, of any unsatisfactory points within 14 days of receipt of such notification. Any of the Work which has not been reported in writing as unsatisfactory within the 14 day review period will be deemed approved. Approved work, or deemed approved work, cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment will become due.
If the Client rejects the Work performed by Chilli Frog Marketing within the 14 day review period or will not approve works to remedy the project and Chilli Frog Marketing considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have expired. Paid deposits are forfeited, and the Intellectual Copyright of final files will remain with Chilli Frog Marketing as per ‘Copyright Law and Intellectual Property’ terms below.
The Client may terminate the contract at any point but in doing so will forfeit the 50% deposit paid. All uncompleted designs remain the intellectual copyright of Chilli Frog Marketing as per the ‘Copyright Law and Intellectual Property’ terms.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
Any additional work outside the initial scope of the project agreed with the Client will be charged at an hourly rate, including changes beyond the included two (2) rounds of changes per project.
COPYRIGHT LAW & INTELLECTUAL PROPERTY
At any time when the Client supplies content to Chilli Frog Marketing for use in the work described in the quotation, the Client warrants that the owners of the content have provided all necessary approvals for use of the content in the work so described. The Client must obtain all necessary permissions and authorities in respect of the use of all content, copy, registered company logos, names and trademarks, photographs, artwork or any other material that the Client supplies to Chilli Frog Marketing. You must indemnify us and hold us harmless from any and all claims, legal actions, suits, liabilities, losses, damages, costs and expenses, including any special, indirect, incidental, consequential or punitive damages or losses related to your content or designs, including claims of breach of warranty, product liability claims, or claims that any of the Client’s content infringes the copyright or other intellectual property rights of any third party.
The intellectual property rights in respect of all concepts and designs created under this agreement are transferred to the client upon full payment of services provided. If the Client uses any concept, design or product created by Chilli Frog Marketing whilst an amount is overdue, Chilli Frog Marketing reserves the right to initiate action to stop client use of the product without notice.
We shall not be liable for any liabilities, losses, damages, costs and expenses, including any special, indirect, incidental, consequential or punitive damages or losses which the Client may suffer which is in any way attributable to any delay in performance or completion of this contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Chilli Frog Marketing provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Chilli Frog Marketing under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at Chilli Frog Marketing’s option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Chilli Frog Marketing was contracted to perform. All works undertaken by Chilli Frog Marketing comply with Australian consumer law.