Estimates
The terms of Estimates shall be effective for 30 days after presentation to the Client. In the event an agreement is not executed by the Client within the time identified, the Estimate, together with any related terms and conditions and deliverables, may be subject to amendment, change, or substitution.
Work
Estimate and Contracts shall apply to creative, design, and/or strategy services and any other future creative services related to the client’s business. Work includes only the final, deliverable art and not any preliminary Work or sketches.
Changes
Unless otherwise provided in the Estimate, the Client shall pay additional charges for changes requested which are outside the scope of the services on a time and materials basis. Percolator may extend or modify any delivery schedule or deadlines in the estimate and deliverables to accommodate the changes.
Payment
One half [50%] of the total fee is required before any services will be rendered and is non-refundable. The remaining half [50%] of the total fee is due upon final delivery of work and is payable within 14 days of receipt or unless otherwise specified by Percolator.
Past Due Accounts
Past due accounts are subject to late fees, which maybe be applied multiple times to the total balance for having to reissue invoices at 30, 45, and 60 days. Percolator reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights are conditioned upon receipt of payment in full.
Cancellation
In the event of cancellation by the Client, ownership of all copyrights and the original artwork shall be retained by Percolator, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis and the project is canceled by the Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee, or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
Percolator’s Right to Authorship Credit
All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in Percolator’s name in the form, size and location as incorporated by the Percolator. Percolator retains the right to reproduce, publish and display the Deliverables in our portfolios and websites, and in galleries, design periodicals, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Intellectual Property
Upon project completion, Percolator will grant the Client a non-exclusive license to use the final deliverables for their intended purpose. However, all intellectual property rights, including copyrights and original artwork, shall remain the property of Percolator unless otherwise agreed upon in writing. The Client agrees not to modify, reproduce, or resell the work without prior written consent from Percolator.
Liability
The Client agrees to indemnify and hold Percolator harmless against any claims, damages, or liabilities arising from content, materials, or actions of the Client, including but not limited to claims of infringement of intellectual property rights or defamation.
Confidential Information
Clients may receive certain confidential or proprietary technical and business information and materials of Percolator, including without limitation Preliminary Works (“Confidential Information”). The Client shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Estimate except as may be required by a court or governmental authority.
Changes to These Terms & Conditions
This is an overview of Percolator’s Terms & Conditions. A more detailed version is sent as a contract upon project start. We may update both the overview and contract Terms & Conditions from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated Terms & Conditions on our website and it is your responsibility to review the contract Terms & Conditions before signing and returning to Percolator.
Contact
If you have any questions or concerns about these Terms & Conditions, please contact us at [email protected].