The following Terms and Conditions of Service apply to all products and services provided by Brody Creative LLC (hereinafter referred to as Brody Creative) and in the event of any dispute are governed by the laws of the United States of America and state of Washington.
All work is carried out by Brody Creative on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Brody Creative on all creative work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs, words or ideas is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Brody Creative, unless specifically agreed in writing.
At the time of proposal, Brody Creative will provide the customer with a written estimate or quotation by email. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Brody Creative.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Brody Creative Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Creative Service Charges
Charges for creative services to be provided by Brody Creative will be set out in the written estimate or quotation that is provided to the customer. Unless agreed otherwise with the Client in writing, all creative services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other files as detailed in the job scope or request.
Unless agreed otherwise with the Client in writing, charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they may be subject to a separate quotation, file preparation cost or ‘buy-out’ charge, at the discretion of Brody Creative.
Charges for Other Services
Unless agreed otherwise with the Client in writing, charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will be required to signify approval by email to Brody Creative.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the rate of 1% compounded monthly on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer or check.
Unless agreed otherwise with the Client in writing, publication and/or release of work done by Brody Creative on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $100 per returned check. Brody Creative reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice or following a returned check. Brody Creative shall be entitled to remove Brody Creative ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Brody Creative ‘s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Brody Creative for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Brody Creative on behalf of the customer, will remain the property of Brody Creative and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Brody Creative, the necessary permission to use materials (for which Brody Creative holds the copyright) in forms other than for which it was originally supplied, and Brody Creative may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Brody Creative.
By supplying images, text, or any other data to Brody Creative, the customer grants Brody Creative permission to use this material freely in the pursuit of the design.
Should Brody Creative, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Brody Creative to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Brody Creative free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft compostion, will be liable to a separate charge.
The customer also agrees that Brody Creative holds no responsibility for any amendments made by any third party, before or after a project is published.
Unless agreed otherwise with the Client in writing, any design, copywriting, drawing, idea or code created for the customer by Brody Creative, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Brody Creative and any of its relevant sub-contractors.
All creative work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Brody Creative will not be held responsible for any and all damages resulting from such claims.
Brody Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Brody Creative responsible for any such loss or damage.
Any claim against Brody Creative shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Brody Creative’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Brody Creative in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Brody Creative via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Brody Creative will not be held responsible for any image quality which the client later deems to be unacceptable.
Brody Creative cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Creative Project Duration
Any indication given by Brody Creative of a creative project’s duration is to be considered by the customer to be an estimation. Brody Creative cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Brody Creative for the initial payment or by date confirmed in writing by Brody Creative.
Rights of Access for Website Construction
The client agrees to allow Brody Creative all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Brody Creative access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Brody Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Creative Project Completion
Brody Creative considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Brody Creative require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Brody Creative will provide the customer with the opportunity to review the resulting work. Brody Creative will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Brody Creative by e-mail.
BRODY CREATIVE will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Fees due to third party hosting organizations are the responsibility of the client and Brody Creative are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Brody Creative cannot guarantee the availability of any domain name. Where Brody Creative is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Brody Creative cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Brody Creative recommend that customers use a professional SEO company but accept no responsibility for their services.
The customer agrees to allow Brody Creative to place websites and other designs, along with a link to the client’s site on Brody Creative’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Brody Creative will not include in its creative work, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Brody Creative also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Brody Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Brody Creative to remove the contravention without hindrance, or penalty. Brody Creative is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Brody Creative will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Brody Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Brody Creative shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to Brody Creative elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees 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 Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
Brody Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Brody Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Brody Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Brody Creative responsible for any such loss or damage. Any claim against Brody Creative shall be limited to the relevant fee(s) paid by the customer.
Brody Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Brody Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Brody Creative and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Brody Creative recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Brody Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Brody Creative, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.brodycreative.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Brody Creative.