Terms of service

Emergency Creative Department

1.The Role:

1.1. The Services: Emergency Creative Department (ECD) will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, ECD will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate, that may be necessary.

Authors Corrections. Unless specified in the Quote/Proposal, we include 2 rounds of changes on all items following the presentation of an initial concept. Revisions briefed thereafter will be charged according to ECD’s standard hourly rate card.

1.2. Information: To maximize ECD’s effectiveness we must work with you as a team. ECD’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, ECD will assume all information you provide is complete and accurate unless you tell us otherwise.

1.3. Incidentals: Couriers, printed proofs, and costs from external printers if required, will be charged to you, the client.

1.4. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.

1.5. Force Majeure: ECD shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside ECD’s reasonable control.

2. Payment Terms:

2.1. Payment Terms: Invoices shall be settled by bank transfer into ECD’s nominated bank account within 14 days of the date on the invoice unless agreed otherwise. ECD retains ownership of all work until full payment has been made.

2.2. Other Specialist Services: ECD’s estimate does not cover third-party costs such as photography, illustration, video production, sound recording, etc., unless otherwise included in the estimate. ECD may, unless you instruct us otherwise, seek such specialist services in areas outside our expertise. The costs of such services will be passed on to you for payment and will be quoted according to requirements. ECD will not mark up any work done by other suppliers of services or work needed. ECD will quote for the time it takes to manage this.

3. Scoping:

3.1. When requested ECD will provide a scoping document which details the functionality in the work we do for our clients. This includes but is not limited to website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and quoted accordingly.

4. Content:

4.1. Content and Images:  It is your (client) responsibility to provide us with the required information about your business and marketing objectives. ECD takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work that ECD is not producing as part of the assignment. This may include logos, product imagery, graphs, taglines, legal texts, etc. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png, vector, or PSD format. Text should be supplied as a Pages or Microsoft Word document. Failure to supply material in an easily accessible format may result in additional costs being incurred for retyping text.

4.2. Information for charts, graphs, and infographics to be supplied in Numbers or Excel. If we are required to retype large amounts of content, then additional costs may be incurred.

4.3. Client-supplied images should always be high-res images at 300PPI for print purposes. If they are solely for use on the web, then lower-resolution images are acceptable provided the dimension of the image is at large enough. ECD will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use.  We cannot use images taken from Google or other sources that don’t provide proof of licensing.

4.4. If you are using images of children that you have taken, then we will assume that you have been given permission to use these images. The same goes for all models and products in the images that do not belong to you.

4.5. You grant ECD permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify ECD from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

5. Confidentiality:

5.1. Confidentiality: Save as required by law, ECD will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. ECD may, however, disclose your documents and affairs to:

(i)  such of your other service providers as you inform ECD are involved in any assignment on which ECD is instructed;

(ii) ECDs affiliates or related parties; and

(iii)  any other service provider to whom ECD may properly delegate aspects of any assignment in order to provide a full range of services to you.

6. Intellectual Property:

6.1. Freedom to use Ideas and IP: ECD may develop or use for other clients any ideas, concepts, source code, information, or know how reflected in any of the materials provided to you by ECD (in whatever form) or otherwise developed by ECD during the course of providing services to you.

6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by ECD, shall, upon you paying ECD in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by ECD or third parties engaged or employed by ECD.

6.3. Portfolio Rights. ECD retains the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work. Provided no other agreement has been made to the contrary.

6.4. Working Files and Copyright. ECD owns the legal copyright of our working files. Working files are our intellectual property and this can be and is not limited to design concepts, design elements, infographics, fonts, and imagery. Working files are not released as part of our projects. If you wish to be supplied with working files, then this needs to be requested and we will supply a quote for this release.

7.0. Indemnity:

7.1. All services may be used for lawful purposes only. You agree to indemnify and hold ECD harmless from any claims resulting from your use of our service that damages you or any other party.

8.0. Liability:

8.1. ECDs’ total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill, or anticipated savings or for any other indirect or consequential loss.

9. Variation:

9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.