Terms of Service
The performance of the design and production services and delivery of tangible property (collectively the “Design and Production Services”) described in the contract or invoice of which these terms and conditions are a part (or are on the face hereof) by Crown Content to the client identified in the attached contract or invoice (“Client”) is governed by the following terms and conditions. Unlike otherwise agreed in writing, Crown Content expressly rejects any additional or different terms or conditions proposed by Client.
Description of Work
The Agreement (the “Agreement”) for the project described in the Scope of Work to which these terms and conditions are attached (the “Project”) shall consist of the final Scope of Work and timeline, these terms and conditions, and any change orders set forth in writing and executed by Crown Content and the Client after the acceptance of the original Scope of Work. Changes to the Scope of Work may result in adjustments to the charges for the Project.
Payment for Design and Production Services will be made as follows. 50% of the Estimated Design and Production Fees are due upon acceptance of the proposal. The remaining balance (including any and all expenses for vendors, service providers, specialists or subcontractors engaged in accordance with the proposal (“Outside Expenses”) not paid in advance by Client) will be due upon delivery of the finished Project or agreed-upon completion date (whichever comes first). Except for the portions of invoices that are disputed in good faith by the Client for not being in accordance with the terms and conditions of this Agreement, any amounts not paid when due shall accrue interest at the rate of 10% per month from the date due until paid. Crown Content reserves the right to withhold delivery of all electronic and/or printed materials until the undisputed portion(s) of overdue invoices are paid. The final payment is due within 30 days of receipt. All design, maintenance, and development is charged at a rate of $95/hr.
Changes to Scope
Revisions or author’s alterations to the Scope of Work shall obligate the Client to additional fees and costs. These may include but are not limited to: changes made to copy after the final copy has been submitted; changes made to the design once layouts, website design, or site map have been approved; extensive alterations; a change in marketing objectives on the part of the Client and new work requested by the Client after the execution of the Agreement. Deadlines are to be met as agreed upon at the start of the project. If milestone deadlines are missed due to client delays Crown Content will grant no more than 14 days as a buffer before moving on to the next stages at which point additional fees may incur. If multiple delays push the agreed-upon completion date beyond 14 days, payment will be due at the end of the 14 day grace period. Interest may be charged if further delays occur. All production costs are based on the assumption that copy will be provided electronically. Change orders will be prepared by Crown Content and provided to the Client outlining the changes to the Scope of Work, and any additional costs for those changes. The Client agrees to pay Crown Content additional fees and costs for said revisions or alterations at a rate to be determined by a project to project basis. Hourly rates quoted in proposals will remain in effect until further written notice is given. If Crown Content is unable to meet the delivery schedule set forth in the Agreement due to delays by Client or changes requested by Client in the Scope of Work, Crown Content may, in its discretion, revise the production schedule as necessary and provide for adjustments in the costs for the Project.
Overtime / Rush Charges
Estimates are based on normal and reasonable time schedules and may have to be revised to take into consideration any “rush” requests requiring overtime or weekends. Knowledge of the Client’s deadline is essential to provide an accurate estimate of costs. Crown Content overtime/rush fee incurred at the Client’s request will be billed at a rate of 25% of the proposed project. The Client will also be responsible for additional charges imposed by outside suppliers, such as pre-press or printers, to meet Client’s “rush” requests. To the extent possible, Crown Content will advise Client of all situations that require overtime and/or rush charges, and the amount of additional compensation that will be charged to meet such overtime requirements or rush requests. Rush or overtime fees may be incurred if the Client does not meet approval or content deadlines which have been established to meet the Client’s desired schedule.
Monthly Retainer Subscriptions
We offer monthly subscription packages for maintenance and other small requests at discounted hourly rates. If you are not on a maintenance package we have a 3-hour minimum at $95/hr for updates, consultation, review, etc. Contact us for subscription pricing.
Terms of Monthly Retainer Subscription:
- Unused hours cannot be transferred to the next month.
- The hourly rate will remain the same for additional hours that go over the allotted amount per month.
- The monthly subscription is prepaid at the beginning of each month to ensure time allotment.
- A minimum 3-month commitment is required for all monthly subscriptions.
- Update and maintenance requests will be made within a 24 hour window (pending size of request)
- All requests need to be submitted via email to ensure requests are recorded and scheduled accordingly.
- The monthly subscription can be used for:
- Graphic Design
- Website edits
- Content populating
- Social Media creative
- Print material design
- Photo editing
- Email marketing campaigns
- It cannot be used for:
- New project builds (new projects will be individually assessed and quoted independently)
Once the client has approved each phase of the project (Wireframes, UI, Staging site prior to launch) any additional requests or changes will be counted as additional billable hours. This includes but is not restricted to structural changes, content edits, modification of functionality, etc. Crown Content will do their best to complete the work to specifications during each of these checkpoints of the project, but it is the client’s responsibility to notify GLK inc. of any errors, changes or requests prior to providing approval at each phase of the project. In regards to web design, upon launch of the website (approval to launch provided by client) the project is complete unless otherwise outlined and final payment is due.
Storage of completed work
Crown Content holds working files of completed work for up to and not exceeding 60 days after completed work is provided to the client. It is the responsibility of the client to ensure all final products supplied by Crown Content are stored and backed up locally on the client-side. Website backups are stored for up to and not exceeding 60 days after launch (taken publicly live on client-side servers). Unless a retainer is negotiated, all future updates/maintenance will be charged on a per-project basis with a minimum of 3 hours per update. Crown Content does not offer any warranties or guarantees on supplied products that surpass the 60 days holding grace period.
Ownership & Usage Rights
The rights to be granted by Crown Content under this Agreement will be transferred to Client once full payment for services is made by Client to Crown Content Upon receipt of full payment, the Client is hereby granted exclusive and unlimited usage and reproduction rights to the final designs prepared for the Client as part of the Project. All working files are owned by Crown Content Except for the foregoing license, all right, title and interest to all designs and artwork (whether draft or final versions) remain with Crown Content or its contractors or vendors, as applicable. This includes, but is not limited to, layouts, animations and designs created by Crown Content or its contractors or vendors, computer disks containing such layouts, photography or illustration created by independent photographers or illustrators commissioned by Crown Content, and photography or other images purchased by Crown Content from a stock agency on the Client’s behalf. Crown Content reserves the right to reproduce any and all designs created by Crown Content in print and electronic media for Crown Content’s promotional purposes for an unlimited period of time. Crown Content has the right to retain, or if applicable, Client agrees to provide Crown Content with, 25 printed samples of each tangible product produced as a result of the Project. In developing any brandmarks, Crown Content will use reasonable commercial efforts, consistent with standards in the industry, to ensure that any such brand marks are original. Crown Content’s efforts shall not include a complete trademark clearance search. Should a higher level of assurance be required by Client, the services of a trademark search firm and intellectual property attorney should be retained by Client.
The Client has the responsibility to proofread and examine all work produced during the Project. Therefore, the Client is ultimately responsible for any typographical, spelling, grammatical, copy, photographic, illustrative, layout or other errors discovered after printing or reproduction, or for any work or services performed by any party selected by the Client. In the event the Client determines that there are errors in the work produced during the Project, Client shall notify Crown Content of any errors within 48 hours of Client’s determination. Failure to promptly notify Crown Content shall constitute a waiver by Client of any claim arising out of such errors.
In the event the Client cancels this Agreement prior to the completion of the Project, within five (5) business days of such cancellation, Client shall pay (a) Crown Content for all work performed by Crown Content up to the date of termination, (b) for all contracted for Outside Expenses and commitments that have been incurred and cannot be cancelled and (c) a cancellation fee equal to 20% of the remaining fees that would otherwise have been paid to Crown Content if the Agreement were to have been fully performed.