Firecurl Design Terms & Conditions

Firecurl Design Terms & Conditions

The following Terms & Conditions are applied to all projects undertaken by Firecurl Design Ltd. They are intented to make the development process as smooth as possible & to also ensure protection & security for all involved.

If you have any questions regarding any of the following please contact us & let us know.

General Working Agreement

This document defines the terms and conditions of our working relationship. All projects or services that Firecurl Design 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. Planning the work, cost estimating, and billing in several phases permits Firecurl Design or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Firecurl Design. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses. We will begin work upon CLIENT'S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.

Payment/Estimates

CLIENT agrees to pay Firecurl Design in accordance with the terms specified in each proposal/estimate. Before work can begin a down payment of 20% of the total agreed project cost is required. Unless otherwise specified, all subsequent balances due are payable upon project approval. 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. Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. 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, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice.

Revisions & Alterations

New work requested by CLIENT and performed by Firecurl Design 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 submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author's alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

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.

Telecommunications

Firecurl Design is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

Rights of Ownership

Once a project has been delivered by us and is fully paid for by CLIENT, Firecurl Design will assign the reproduction rights of the design for the use(s) described in the proposal. According to Copy right Law, 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 Firecurl Design, or purchased from a stock agency on your behalf, remain with Firecurl Design, artist, photographer or illustrator until full payment is received from CLIENT. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.

Term & 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. Upon termination of this agreement, Firecurl Design will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold Firecurl Design harmless for any loss or expense (including attorney's fees), and agree to defend Firecurl Design in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations 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 CLIENT and Firecurl Design, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour 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 Firecurl Design. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

Additional Provisions

The validity and enforceability of this agreement will be interpreted in accordance with UK law. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

For more information on Firecurl's solutions contact us.

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