Terms of Service
Brodie Creative is proud to keep our billing as transparent as possible and we appreciate the business of our Clients. We like to make sure our clients understand what is, and more importantly what is not, covered by our estimates and terms of service.
A non-refundable 50% project deposit will be billed to begin each service over $400 or any reoccurring monthly services. Agency will request the estimate be paid as two equal installments, one at the start of the project and the second at the end of the project when all work has been completed and approved by the client.
Monthly or recurring payments will be due in full, 15 days before the beginning of the start of each month’s recurring project to ensure payment for ongoing services are paid in full before Agency provides monthly services, as the planning and allocation to provide these services can be resource and labor intensive.
Incremental costs, such as cost per hour, cost per page, or cost per word will be calculated and billed on a bi-weekly basis. To ensure that we bill all charges appropriately, Brodie Creative shall keep detailed references to incremental costs and make same to be readily available at the Client’s request.
Throughout the process, if we ever feel the project is in danger of exceeding our original written estimate, you will be notified. We will work with you in good faith to resolve any such overages. Written approval in the form of an Addendum to this Agreement will be required to continue production of any item that exceeds our original estimate. Changes to your billings will be made upon execution of an Addendum to this Agreement.
Invoices will be emailed to the email address stated on the first page of this agreement. You will be responsible for keeping this email in working order until all balances are paid in full. If this email address becomes inactive at any time, you will be responsible for providing Brodie Creative with the most updated email address as soon as possible. Failure to provide us with the correct email address will result in an overdue balance and a 5% monthly service charge.
Payments will be paid online via Freshbooks digital accounting software. The use of Freshbooks and its integration with both WePay and PayPal allows for a safer, more convenient way to collect and send payments over the web. For this added safety and convenience, there is a surcharge depending on which payment method you chose. WePay requires an additional 2.9% transaction fee for all Visa and MasterCard payments, or a 3.5% fee for all AMEX card payments. These fees will automatically be added to the total outstanding balance, based on the payment method chosen. To avoid these fees, you must pay using a PayPal account that has a verified bank account on file, and elect to pay the invoice using an e-check or existing PayPal balance. Please note: payments using PayPal, e-check, or an existing PayPal balance will only be available for U.S. based customers.
To allow us to complete all projects promptly, you will have 13 days to respond to any needed approval. If you are unresponsive, or unable to be reached after 13 days, the balance of the project will automatically become due and owing.
To allow us to complete all projects promptly, you will have 13 days to respond to any needed approval. If you are unresponsive, or unable to be reached after 13 days, the balance of the project will automatically become overdue.
Upon receiving your initial invoice, you will have 30 days to submit the payment in full, before the payment is considered overdue. All overdue balances will be prorated at an hourly rate of $90 for all work already completed, as well as a $5 monthly service charge on all overdue balances each month, which will remain payable until the balance is paid in full.
The grant of any license of right of copyright is conditioned on receipt of full payment.
Default in Payment
You agree to assume responsibility for any legal dispute that arises, including all arbitration costs, court costs, attorney’s fees, and legal interest on any award or judgment in our favor, including attorney’s fees expended to collect any judgment.
The first month’s expenses must be received before the campaign begins, and payment for monthly services must remain current for campaigns to stay online. It is understood and agreed that the payment requirements of vendors, partners, and software we use are subject to change at any time, so it is important that you cooperate so that Agency can maintain its reputation and good credit standing.
For SEM / Paid Ad campaigns, a deposit equal to one month’s ad spend budget will be required. This deposit will be applied to the final month of your SEM / Paid Ad campaign. SEM / Paid Ad management fees and ad spend will be billed in arrears at the beginning of each month for the previous month’s actual ad spend total plus the campaign management fee equal to the greater of 15% of Client’s monthly ad spend OR $400 per month, whichever is greater. Payment is due upon receipt.
New Service Requests
In the event you require additional features or revise the scope of work, we will provide you with an updated update of your estimate and proposal. Once approved, new changes will be scheduled. The invoice will also include any requests or expenses discussed and authorized orally, to complete the projects on time.
Canceling a Project
In the event your project is canceled, Agency shall retain ownership of all copyrights and work until the balance of services performed are paid in full. All payments are non-refundable. A cancellation of a monthly service requires 30 days written notice. If you decide to continue with the project after cancellation, a new deposit will be required, and it will be scheduled into our queue.
Details & Assumptions
Timing of Deliverables: To ensure we have enough time to plan effectively, manage, and deliver results for our clients, all deliverables must be electronically delivered to Brodie Creative at least 15 business days before the beginning of the respective project (3-7 days on rush orders). These deliverables may include project brief & scopes, approvals, feedback, assets, or payment. If these requested deliverables are not received by the date specified, your project will be delayed or put on hold. If any deliverables are received after the date requested by Agency, your project will be re-activated and rescheduled based on our current workload and availability.
Rush Orders: Because all projects are unique and vary in the amount of time needed to prepare for and deliver each project, rush orders will be determined on a case-by-case basis, after the Project Brief & Scope of Work is agreed upon.
Access to Original Files: It is assumed that you, and ultimately Agency, will have access to any original design and development files. In the event these assets are not available, the project will be re-estimated.
Back-ups: After a project is completed, we will provide you with all file versions specified in the proposal. We will not be responsible for keeping back-ups of any work after the project is completed. It is your responsibility to save original files and other assets on your own computer or drive.
Scope of Work: Estimates are based on discovery sessions and information provided to us by Client. Any new requests or alterations to the scope of work may impact the estimated timeline, delivery date, and project fees.
Hardware and Software Training: Because you will be using software or hardware to manage your content, marketing efforts, or any aspect of your business, you will have the ability to opt-in to one-on-one training sessions at your request. The cost of training sessions is not included in this proposal. You can request training at any time, however training costs will be determined at the time of the request and billed separately on a bi-weekly basis.
Hosting and Site Migration: To be up-front, we are not a hosting provider. We are able to provide you with recommendations for a third-party hosting provider, based on the needs of your project. If you are migrating to a new server for launch, we must know the details in order to provide as accurate an estimate as possible.
Email, and Server Maintenance: If you have any specific hosting requirements or email needs, we will need to know any special needs during our estimation process. Otherwise, significant costs may be overlooked.
Mark-Up on Outside Costs: You must reimburse us for all reasonable expenses arising from your project. All outside expenses encountered during the completion of your project will be marked up with a 15% commission. This includes, but is not limited to, licenses for fonts, pictures, artwork, and software, needed for the development of your project. We will notify you of all outside costs before they happen, so you can better plan for any upcoming expenses.
Advertising Terms: By performing advertising services with us, you agree to the current terms of service of Amazon, Google Analytics, Google AdWords, Microsoft AdCenter, and the Facebook Advertising Platform.
Changes and Updates to Third-Party Tools: Third-party tools which may be required for Client’s project, including but not limited to a Content Management System (CMS) or Application Programming Interfaces (APIs), may change without notice for reasons beyond our control. Such changes may cause related features of Client’s project to work diﬀerently or stop functioning. Should such a change occur, we would be happy to provide a supplemental estimate to investigate the change and provide a mutually-agreed update to your project.
Client Feedback: A single Client contact will collect and provide all feedback, revisions, and comments.
Marketing: Once your projects are live and public, we reserve the right to feature any work in our portfolio and other marketing materials. We, retain the right to use any and all work created as self-promotion. We retain full ownership of all work until balance is paid in full.
Code of Fair Practice: By agreeing to this proposal, we both agree to comply with all previsions of the Code of Fair Practice.
Warranty of Originality: We warrant and represent that, to the best of our knowledge, that all work we produce is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that the consent to use has been obtained on an unlimited basis; that Brodie Creative has full authority to make this agreement. This warranty does not extend to any uses that the Client or others may make of the Agency’s products that may infringe on the rights of others. By signing this agreement or explicitly agreeing to the terms and conditions, you agree to hold Agency harmless for all liability caused by the Client’s use of our product, even if the use of these products infringes on the rights of others.
Limitation of Liability: By signing this, you agree not to hold us, our agents, or employees responsible for any incidental damages that result, greater than the amount of Agency’s fee, if the agency fails to perform any aspect of the project.
Whew! You made it. We appreciate the opportunity to improve the online experience for your team and users, and we look forward to partnering with you on your digital strategy!
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