Terms + Conditions
You must read each section of the terms and conditions below:
Work Schedule
Working Hours
This agreement assumes work will be completed within the standard working week (Monday to Friday, 9am – 5pm). JM Creates is closed on all major holidays, an entire week of Christmas and New Year.Schedule
All work will be completed within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of your project(s). Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Project(s) schedules require timely review and response by your company of all deliverables.Client Responsibilities
Representative
Your company’s representative, has full authority to provide and obtain all necessary information and approvals throughout any project. JM Creates and your company represent that they have full power and authority to enter into this agreement and that it is binding upon JM Creates and your company and enforceable in accordance with its terms.Responsibilities
Your company and/or company’s subcontractors will provide accurate, complete and timely information and materials to JM Creates. Your company guarantees that they have all the necessary rights and ownership in such materials to permit JM Creates to use them in their respective project(s).Approvals
Your company will approve and proofread all final designs, type and printers proofs. JM Creates will make all efforts to ensure that no information is misrepresented. However, your company assumes all responsibility for content. Your company’s approval of all tangible materials and artwork will be assumed after the work has been submitted to your company for review, unless your company indicates otherwise in writing.Communication
If possible, email should be the main form of communication during all project(s). Your company accepts responsibility that the project(s) deadline may require adjustment if responses to any emails from JM Creates to your company are not received in a timely manner.Confidentiality
Your company shall inform JM Creates in writing before work commences if any portion of any material or information provided by your company is confidential.Amends
In order to avoid errors, text changes and corrections will NOT be taken over the telephone and must be provided electronically. Any text with extensive changes must also be provided as marked up hard copy, indicating all revisions.Indemnity
Your company agrees to indemnify and hold harmless JM Creates from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, but only to the extent caused by, arising out of, the work supplied by JM Creates.Promotion
Samples + Credit
JM Creates can use samples or photographs of the work created under this agreement and the Name of the Client for publications, exhibition, competition and other promotional purposes. This can be during the project(s), and also upon completion. Unless stated otherwise by your company before the project(s) starts.Payment Parameters
Payment Terms
All prices quoted are valid for 14 days from the date stated on the estimate. 50% Deposit is required before work can begin. The remainder is due when all parts of the project(s) are complete before final artwork/digital files can be released.Delayed Payment
If, after a project(s) has been completed invoices are NOT paid within 14 days, a 5% ‘delayed payment’ fee will be charged. This initial 5% figure will be added upon each recurring 14 day period until the full amount has been received by JM Creates.Cancellation
If the commission is cancelled by your company, your company will pay for any work completed based on the stage of the project(s) on the date it is cancelled. This will NOT exceed 100% of the total project(s) cost. Once payment has been received any artwork/digital files completed to date will be released and become the property of your company.Rate Increases
JM Creates reviews prices and rates for design services annually. Any increases to rates will be implemented at the start of each tax year. The rates will not increase more than once per year or more than 15% in any given year. Notice will be given if any rate increases will impact your project(s) quote or retainer.Ownership + Copyright
All preparation materials, sketches, visuals, including the electronic files used to create a project remain the property of JM Creates. The final artwork/digital files will become the property of your company ONLY upon final payment of the project.
If final payment is NOT received as agreed, and set out in an initial proposal, all designs and concepts will remain the property of JM Creates until payment is received.
If there are issues with final payment, JM Creates reserves the right to reuse or amend any of these ideas for other clients, or to be used freely for promotional purposes.
Should your company attempt to use, modify, alter or replicate any ideas without making agreed final payment, JM Creates will take immediate legal counsel.
Agreement
It is crucial that all parties are completely clear about the objectives, aims and deliverables of any project(s) before commencing. Please do not hesitate to raise any doubts and/or concerns that you may have by getting in touch.
By giving consent below, the representative of your company accepts and understands that they are bound by all of the Terms and Conditions contained in this Form of Agreement for one year. (‘Your Company’, ‘your company’s representative,’ and ‘the representative’ shown in bold throughout the terms and conditions refers to the ‘Company name’ and ‘Your name’ given in the consent form below.)
I thoroughly look forward to working with you and very much appreciate you inviting me to help you with your creative needs.
Thank you, Jackie Maddocks | JM Creates