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The Client agrees to provide written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between The Client and Fynch Creative concerning the work outlined in this submission.
The Client agrees to pay the invoiced amount within 14 days of receipt of an invoice. It is agreed that the fee for service shall be the cost estimates provided. If outlined in the initial estimate, a deposit of 50% of the estimated total project cost will be invoiced at the commencement of the project, and will require payment in full before any work begins. The final 50% will be invoiced upon presentation of final work and will be required to be paid in full before any artwork files are supplied.
Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. Total required hours for Alterations will be quoted in the estimate, should the total number of hours required for changes fall short of the quoted amount Fynch Creative will only charge the client for the hours used, reflected in the final invoice.
If work undertaken exceeds the work outlined in the estimate or additional Alterations or deliverable's have been requested outside of the agreement The Client agrees to pay appropriate fees for what is deemed ‘Excess Work’. Fynch Creative will always give The Client prior notice should work exceed that which is outlined in an agreement.
Excess work is defined as any work involving additions to the list of items and/ or any work undertaken that exceeds the work outlined in the quote/proposal. Excess work is defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and Excess Work will be charged at the current rate of 1.5x the agreed upon hourly rate.
It is agreed that all work and materials provided for The Client by Fynch Creative will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. Fynch Creative will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.
It is agreed that the project may be cancelled by The Client by written notification. Should The Client breach this agreement or our standard 14 day payment terms, Fynch Creative also reserves the right to cancel the agreement by written notification. Fynch Creative retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Fynch Creative to be a competitor of Fynch Creative. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.
Unless otherwise stated in the quote/proposal, it is agreed that Fynch Creative will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote/proposal. If Fynch Creative offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, Fynch Creative will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.
Fynch Creative always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.
Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by The Client. Agreed amendments will be rewritten into a new quote/proposal by Fynch Creative, and the document re-submitted to The Client for signed approval.