Terms and Conditions
Acceptance of a quote from Earthtent Management Services, Ltd. implies that you have read, understood agreed to the following terms and conditions.
Payments
1. All work to be completed by Earthtent Management Services, Ltd., and/or associated independent contractor on behalf of Earthtent Management Services, Ltd.1
2. Projects within the Scope of Project requiring time beyond the maximum allowed hours are subject to the billing of additional hours above and beyond estimated/agreed hours and will be billed at the appropriate retainer rate.2
3. Projects outside the Scope of Project completed by Earthtent Management Services, Ltd. are subject to additional hours billed at the base hourly rate.3
4. Client is guaranteed access to a maximum of the estimated/agreed hours.4
5. Client may request that hours be applied towards projects outside the Scope of Project at the discretion of Earthtent Management Services, Ltd.
6. Payment will be made in advance of service no later than the last Friday of the previous month.
7. The Retainer Rate is subject to client contracting a minimum of six months worth of service after which the client may choose to continue the contract on 6 - 12 month basis.
8. The Client shall pay all invoices within 30 days of their receipt.
Interest at a rate of 15% per month is payable on any balance unpaid
after 30 days of the date of invoice.
9. Any expenses incurred including supplies or travel, are reimbursable
at client's expense.4
Cancellation
10. Earthtent Management Services, Ltd. requests a minimum of 30 days notice prior to cancellation of retainer of web management services contract.
11. If a commission is cancelled by the Client, the Client shall pay a
cancellation fee as follows:
(i) 25%of the agreed fee if the commission is cancelled before delivery
of roughs;
(ii) 50% of the agreed fee if the commission is cancelled at the rough
stage:
(iii) 100% of the agreed fee if the commission is cancelled on the
delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
12. In the event of cancellation, ownership of all rights granted
under this Agreement shall revert to Earthtent Management Services, Ltd.
unless the artwork is based on the Client's visual or otherwise agreed.
NonProfit Retainer Rate for Web Management Services
5 hrs and Under billed at $65.00
6 - 10 hrs billed at $60 per hour
11 - 15 hrs billed at $55 per hour
16 - 20 hrs billed at $50 per hour
*It is understood, unless otherwise stated that there will be one designated point person to which Earthtent Management Services, Ltd. will receive project priority. The point person will prioritize tasks, schedule and manage available hours and track progress toward completion each month so that the client receives optimal benefit from the service provider.
1Projects requiring the hiring of independent contractors are subject to the billing of additional hours above and beyond estimated/agreed hours and above and beyond appropriate Retainer Rate.
2See Retainer Rate chart above.
3It is understood that any and all "above and beyond" hours and expense, including reimbursement of associated independent contractors, supplies and travel, must have the advance input and authorization of the point person. This expectation is true for any activity that might require additional tasks and/or hours that might lead to request for payment beyond the agreed upon standard monthly retainer fee. Base hourly rate is $65 per hour.
4Additional hours are subject to availability. Not all estimated/agreed hours are required to be utilized in a given month. The client is responsible to utilize the estimated/agreed hours. Contracted monthly retainer fee still applies.
Ownership of Copyright/Copyright license
13. The copyright in artwork commissioned by the Client shall be retained by Earthtent Management Services, Ltd..
14. The Client or the Client's customer (where the Client is acting as an intermediary) is granted a license to reproduce the artwork solely for the purposes set out on the face of the acceptance of commission. If the acceptance of commission is silent, the Client or the Client's customer is granted an exclusive license for one time use in the United States only.
15. During the currency of the license Earthtent Management Services, Ltd. shall notify the Client of any proposed exploitation of the artwork for purposes other than self-promotion and the Client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to the business of the Client or the Client's customer.
16. Where use of the artwork is restricted, Earthtent Management Services, Ltd. will nominally grant the Client or the Client's customer a license for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between Earthtent Management Services, Ltd. and Client.
17. The license hereby granted to use the artwork is contingent upon Earthtent Management Services, Ltd. having received payment in full of all monies due and no reproduction or publication rights are granted unless and until all sums due under this Agreement have been paid.
18. The license hereby granted is personal to the Client or the Client's customer (where the Client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without Earthtent Management Services, Ltd.'s consent.
Delivery
19. Earthtent Management Services, Ltd. shall use their best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of Earthtent Management Services, Ltd. falling to meet the agreed date.
20. Earthtent Management Services, Ltd. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
21. The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by Earthtent Management Services, Ltd. within 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
Approval/Rejection
22. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
(i) 25% of the agreed fee if the artwork is rejected at the rough stage.
(ii) 50% of the agreed fee if the artwork is rejected on delivery.
23. In the event of rejection, ownership of all rights granted under this Agreement shall revert to Earthtent Management Services, Ltd. unless the artwork is based on the Client's visual or otherwise agreed.
Changes
24. If the Client changes the brief and requires subsequent changes, additions or variations, Earthtent Management Services, Ltd. may require additional consideration for such work. Earthtent Management Services, Ltd. may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
Warranties
25. Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, Earthtent Management Services, Ltd. warrants that the artwork is original and does not infringe any existing copyright.
26. The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify Earthtent Management Services, Ltd. against any and all claims and expenses including reasonable legal fees arising from the Illustrator's use of any materials provided by the Client or its customer.
Ownership of Artwork
27. Earthtent Management Services, Ltd. shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
28. Earthtent Management Services, Ltd. original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of Earthtent Management Services, Ltd..
29. THE CLIENT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE ARTWORK.
Samples
30. Unless otherwise agreed, Earthtent Management Services, Ltd. shall be entitled to receive not less than four proofs or printed copies of the work.
31. Earthtent Management Services, Ltd. reserves the right to utilize all client artwork as portfolio samples and/or self-promotional items both in print and displayed on his website and/or weblog.
