Creativity is a wild mind and a disciplined eye.
Creativity is intelligence having fun.
You can’t use up creativity. The more you use, the more you have.
– Maya Angelou
THE “earth” WITHOUT “art” IS JUST “eh”.
Great things are done by a series of small things brought together.
-Vincent Van Gogh
is the process of having original ideas which have value.
Terms & Conditions For All Design Work
The Ad Company does not hand over Indesign, Photoshop, Illustrator or any source files or fonts or originals of illustrations. We will supply final flattened, printable or distributable files for the client to use. The intellectual property that we have developed in setting up files is not part of the sale, hence we do not hand over source files. The Ad Company retains intellectual property rights over all files except the *final artwork.
Until full payment has been made, The Ad Company retains ownership of all original artwork or parts contained therein (other than material supplied by the client), whether preliminary or final. Once a final concept is delivered to a client and full payment is received the final artwork files* will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice only for the purposes in which it was created. Any other usage not discussed will need to be negotiated.
*Final artwork indicates the final artwork as a whole. Client does not have rights to use, modify or distribute any individual elements, ie; photos, illustrations etc. or to modify and resell this artwork.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment The Ad Company retains ownership of all artwork and website architecture. The Ad Company reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non exclusive items.
Stock photos purchased by The Ad Company are licensed to us only. They may be used in projects that are created by us only. We cannot transfer any license of images and you do not have any rights to use, distribute or sell them.
The Ad Company will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.
The Client also agrees to allow The Ad Company to showcase any/all work created in the course of a project as part of our portfolio.
The first consultation with the client is free. Additional one-on-one consultations of any duration, including travel time, and any phone consultations over 30 minutes are billable at our hourly rate of $165.
All invoices are strictly “payable upon receipt of invoice”.
Upon acceptance of any quote, you must pay a 50% deposit.
The Client agrees to our payment structure of:
50% non-refundable deposit of the quoted amount to commence the design project.
25% is due after 3 rounds of changes/revisions have been complete / or approval to proceed to next stage of the design / development process and
25% is due on the day of Delivery, Sign Off or Live Date.
The project deposit is non-refundable, and if a project is cancelled by the Client, for whatever reason, the deposit will serve as a cancellation fee. Along with a prorata payment based upon the time spent if it exceeds 50% of the quoted work. If a deposit was not paid, in the event of cancellation by the Client, the Client will be obligated to pay all fees and expenses associated with the work performed up to the date of cancellation calculated at our hourly rate for time spent on the project.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, The Ad Company will deem the project complete. At such time, The Ad Company shall have no further obligation to the client, and the client shall pay The Ad Company all fees and expenses associated with the work performed.
Invoices are considered delinquent thirty (30) days from the date of the invoice. After the thirtieth day, a late charge of $50.00, together with interest currently set at 18% apr (calculated daily), and shall be added to the total debt owed.
You shall be liable for all costs related to collection of delinquent invoices, at the agreed rate of up to 75%, plus any third party fees, court costs and attorney’s fees, which shall be added to and form part of the total debt owed.
To provide you with efficient and accurate service, any changes, amendment or feedback on a project is only acceptable in writing via email correspondence. We do not in any circumstances accept changes over the phone.
If we are providing printing or production of artwork in any form, you must also read and agree to our printing / production terms and conditions.
If we are engaging in a website project, you must also read and agree to our website terms and conditions located in your contract documents.
Any other contract you enter into with The Ad Company shall be read in conjunction with and add to these terms and conditions.
Updated April 2016