TERMS & AGREEMENT
THIS IS HOW WE BRAND
Below, you will find Tag It Brand It© standard terms and conditions. It is important that you (The Client) please take the time to carefully read each point listed under these standard terms and conditions. Ensure you (The Client) fully understand these standard terms and conditions and their implications before you commence any project with Tag It Brand It©. Please also note that from time to time Tag It Brand It©may need to update these terms and conditions without notice. Each visit, you must agree to standard terms and conditions prior to moving forward. Please contact us via email, if you do not understand any of the terms and conditions listed this document.
Commencement of Work
Agreement to work with, submission of a design reference and payment of a deposit to Tag It Brand It©constitutes agreement to these terms and conditions.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the remaining balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable. Tag It Brand It©is committed to providing design services that meet and exceed clients needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorated payment based upon the time spent. Tag It Brand It will keep active accounts opened for up to 90-days. If there is no activity during this time frame, project will be closed. Client agrees that after the 90-day period, they will have to resubmit a new project quote. Client also understands that work completed during the time of project will not be released.
Tag It Brand It© will send proofs of any work prior to releasing the completed project design with our watermark (proof). “The Client” will be granted two revisions prior to the release of the final project design. “The Client” understands that there will be a $10fee applied to any additional revisions made after the two granted revisions. This fee will be added to the remaining balance payable prior to delivery of the final project design. Once “The Client” agrees to the final project design and is satisfied, “The Client” will have 14 days to pay the invoice in full. Accounts, which remain outstanding for more than 14 days, will incur an additional late payment fee of 5%of the project costs for each week payment is outstanding.
If you have difficulty paying your invoice, please get in touch with us as soon as you are aware of the issue, so that we can discuss possible solutions that work for you and your business.
“The Client” also agrees to allow Tag It BrandIt©to showcase any/all work created in the course of a project as part of Tag It Brand It©portfolio. Tag It Brand It©acknowledges the confidential nature of projects and agrees to only display project work once the product/site has been publicly launched/commences.
Tag It Brand It© shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Tag It Brand It©. Including but not limited to (war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, a breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism).
Fees For Service
It is agreed that the fee for service shall be the cost estimates provided via email. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible, the client will be notified of increases in the scope of the project.
It is agreed that "The Client" is responsible to pay a software fee. A software fee is a separate fee associated with clients' design and/or product. Software includes Adobe Creative Cloud, Logic Pro X, Final Cut Pro, Envato Elements, Freepik and more.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorized representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. “The Client” will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made, they must agree in writing, and an adjusted estimate will be delivered to “The Client”. “The Client” also agrees to pay 50% deposit of the added estimate, prior to the start of the requested alterations. “The Client” agrees to pay the remaining balance upon delivery of the final design project.
Publication and/or release of work performed on behalf of “The Client” by Tag It Brand It©may not take place before cleared funds have been received.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by “Tag It Brand It©” 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 including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.
It is agreed that “Tag It Brand It©” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall Tag It Brand It©be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Tag It Brand It©including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, the award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Tag It Brand It©retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Tag It Brand It©. Tag It Brand It© may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Tag It Brand It©retains the right to display a small byline claiming design credit on works it produces.
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 Tag It Brand It©retains ownership of all artwork and website designs. Tag It Brand It©reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, and other non-exclusive items.
Tag It Brand It©reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Tag It Brand It©, all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Tag It Brand It©shall be outlined in the Project Proposal. For additional usage, the price will be assessed as needed.
Resending /Uploading Deleted Files
Tag It Brand It©is not responsible for any accidental deletion of delivered files, at the completion of the project. “The Client” would have to resubmit a request of service in order to reproduce the files that were accidentally deleted by “The Client”.
Website Design Post- Completion Alterations
Once website design is complete, Tag It Brand It©will provide the customer with the opportunity to review the resulting work. Tag It Brand It©will make 2 sets of minor changes at no extra cost. Minor changes include small textual changes and small adjustments to the 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 Tag It Brand It©by e-mail. Tag It Brand It©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. Accounts, which remain outstanding for more than 14 days, will incur an additional late payment fee of 5%of the project costs for each week payment is outstanding.
It is agreed that employees of Tag It Brand It©shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, disclose any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Late Payments & Default
Accounts, which are not paid within 14 days, will incur a late administration fee 5%of the final project cost for each week payment is outstanding.
All accounts shall be considered in default if it remains unpaid for 30 days from the date of invoice. Tag It Brand It©shall at it’s sole discretion suspend any and all services provided to “The Client” by Tag It Brand It©or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agrees to pay Tag It Brand It©reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Tag It Brand It©retains all copyright for work performed until full project costs have been paid. Tag It Brand It©reserve the right to reuse or resell work undertaken in the case of payment default.
Tag It Brand It©accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorized representative of Tag It Brand It©prior to the commencement of work outlined in this submission.
Freelance Contractors and Confidentiality
All contractors employed by Tag It Brand It©are held to a strict confidentiality and nondisclosure agreement. Contractors of Tag It Brand It©are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with Tag It Brand It©. If this was to be breached by the contractor Tag It Brand It©will take swift and reparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of Tag It Brand It©and acting independently.
Tag It Brand It©aim for complete security of our clients and if we select contractors, it is based upon previous work and references, as well as compliance with strict Tag It Brand It©guidelines of professional behavior and ethics.
Graphic design, strategy, photography, illustration, and marketing are all highly creative and subjective art forms. As such, Tag It Brand It©take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, Tag It Brand It©cannot be held responsible for variations between expectation and outcome.
All information contained on this website is intended for general information purposes only. The information on this website is provided by Tag It Brand It©. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Tag It Brand It©will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage.
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