Terms and Conditions

 

Definitions:

‘The Company’ is Well Fed LLC. ‘The Client’ means the party, or any person acting on their behalf with whom the Company enters into an agreement.

 

PRICING & PAYMENTS

All prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly.

An estimate will be furnished for the full quoted and agreed upon amount before work can commence on any project. A separate invoice will be issued prior to the first payment. Invoices will reflect stipulations made in Consulting Agreements and any amendments to these agreements as agreed upon by both parties.

All project-based work is billed at either 100% up front or at 50% of the project rate upon commencement, with the remainder to be paid upon project completion. All retainer-based agreements will be billed depending on estimates as outlined in The Client’s proposal package and/or agreed upon retainer fee. 

Retainer agreements can be terminated at any time with a 15 day courtesy notice. The remainder of any payments will be prorated at a day rate, which is equal to the amount of the monthly retainer fee, divided by 30 days. Any unfinished work will be packaged and delivered according to the calculated day rate.

For Web Development and projects requiring coding, additional coding not initially budgeted for in the Statement of Work will be billed at $75 per hour. For Web Maintenance, the fee is $100 per month.

All estimates for creative projects with deliverables are based on expected or agreed design hours, and deliverables include a minimum of two sets of authors corrections where alterations are called for by the Client, within reason. Should subsequent revisions exceed a reasonable amount of time, become unreasonable or frivolous in nature, or ultimately change the scope of the project, The Company will either furnish a revised project proposal for which the Client will incur additional fees or reserve the right to terminate an agreement at any time for any reason and any fees that have already been invoiced and/or paid are non-refundable.

Where there is a change of scope, the Company will inform the Client in advance of any extra costs likely to be incurred and furnish amendments to the Consulting Agreement.

 

LATE PAYMENTS

For any invoiced work, the Company must receive full payment not later than 45 days after the date of Invoice. The Company reserves the right to make a Surcharge on overdue payments at an Interest Rate of 0.06% per day. The Surcharge will be calculated by dividing the number of days past due by 365 and multiplying by both the Interest Rate and the Invoice amount.


TIMELINES

All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery for creative projects. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs to the Client.

Whilst every effort will be made to achieve agreed upon delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.

The Company reserves the right to invoice for any disbursements for part works carried out should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks.

In good faith, The Company would hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project would be completed according to the original schedule of costs so long as the project specification has remained unaltered.
 

INTELLECTUAL PROPERTY

All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of the Company until full payment has been made on the Client’s account and all project costs have been cleared.

Once final proofs/materials have been signed off by The Client, the Company will not accept liability or be held responsible financially for any errors relating to print, programming or any end product.

It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to The Company by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. The Company will not accept responsibility/liability for infringements caused by any wrongly supplied materials.

The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design, contacts, or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, color usage, image style and content, product or otherwise.

It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.

Upon completion of the project, the Client will own the creative and assets as outlined in any agreements made between The Client and the Company. 

 

PERSONNEL

The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out ‘indirectly’ by the Company.

As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.

 

LIABILITY

Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss. Advice of any quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. 

In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any legitimate issue that may lead to a dispute (including but not limited to quality, service, cost, deadline). Without such information, no disputes will be entered into. For disputes regarding non-payment of Charges, The Company reserves the right to file a legal claim and pursue rightful payment.

 

TERMINATION

Retainer agreements can be terminated at any time with a 15 day courtesy notice. The remainder of any payments will be prorated at a day rate, which is equal to the amount of the monthly retainer fee, divided by 30 days. Any unfinished work will be packaged and delivered according to the calculated day rate.

If at any point during the design or development cycle a client wishes to cancel on projects that do not fall under a retainer structure, The Client will be invoiced an amount that The Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for any expenses incurred as a result.

 

CREDIT & PRESS

The Company requests that the Client credit, in the form of providing the name of the Company, on any press or coverage regarding the design or creative aspects of the Client’s project.

The Company reserves the right to showcase any completed work carried out for the Client on portfolios, portfolio websites, digital and print publications, and social media. The Company will use their discretion regarding the distribution of any work made for the Client in digital and print publications owned or operated by third parties. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client. The Company owns the creative assets for concepts and mockups not used in the final product by the Client.

 

AGREEMENT

The Client agrees to comply with the Company’s Terms and Conditions upon entering into an agreement with the Company, along with the subsequent Statement of Work. The Company will provide access to these Terms and Conditions to the Client in a clear manner and provide them readily for reference.

Terms and Conditions may be changed at any time without prior notice to the Clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.