Ricardo McRae.com
110 Cumberland Suite 242
Toronto, Ontario. M5R-3V5
Phone (647) 341.4112
E-mail ricardo@RicardoMcRae.com
TERMS AND CONDITIONS
Last updated on August 2007
PRICING
and PAYMENT:
Projects
are billed hourly or by the project, depending on
the scope of the work. Specific fees and payment
terms will be detailed in your project proposal.
Final payment is due within 15 days of invoice
date, unless otherwise noted. A 5% monthly service
charge is payable on all invoices over 30 days.
Fees, and retainers are non-refundable. Finished
work not yet approved by client beyond 15 days
shall be billed. Any modifications (i.e. Move ,Add
or Changes MAC) that exceed the three round limit
will be billed accordingly, unless specified in
writing. There will be a $35 fee on all returned
checks, plus any additional bank fees. Client
assumes responsibility for all collection of legal
fees necessitated by default in payment. Ricardo
McRae.com may request a progressive payment option
at the company discretion which will be expressed
in the estimate (for example: invoicing 1/2 of the
estimated project fees before work begins and 1/2
due at project completion).
ESTIMATES:
At
Ricardo McRae.com make every effort to be as
accurate and complete as possible on estimates. To
receive a project estimate, you must submit the
exact specifications of your job. In some cases, a
range estimate will be given, based on knowledge of
project at time of estimate. If, upon receipt of
all project elements, Ricardo McRae.com determines
that the scope of the project has been changed from
the originally agreed-upon concept, the project may
be re-estimated.
Minor revisions are anticipated, but major
design/content changes may go beyond the scope of
the estimate. The client’s approval will be
obtained for any increases in fees or expenses that
exceed the original estimate by 10%. Final fees and
expenses will be shown when invoice is rendered.
Estimate is valid for 15 days from date of
estimate. All outsourced fees will be estimated
separately.
EXPENSES:
Out-of-pocket
expenses will be subject to an industry-standard
markup to cover time and costs involved. Unless
projected to be costly, they will not be included
in estimate. Any expenses expected to be above $100
will be discussed with the client. The client shall
reimburse Ricardo McRae.com for expenses arising
from this project, including but not limited to:
photography, fonts, hi-res scanning, digital
proofs, production expenses, long distance,
postage, travel, sales tax (when applicable),
messenger services, shipping, hiring of contract
writers/designers, software, web hosting, and
printing fees. Items generated in-house, such as
color/black & white output and DVDs/CDs, or
royalty-free images from my collection, will be
billed at a flat rate fee per item, established by
Ricardo McRae.com. Travel may be billed at rate of
0.50¢/Km.
APPROVALS:
The
client will be ultimately responsible for final
approval of all comps. It is important to make all
final corrections before the project goes live to
avoid delays and additional fees. Ricardo McRae.com
am not liable for any work that has been final
approved by the client and made live.
ORAL
AUTHORIZATION:
Invoices
will include (and the client shall be obligated to
pay) fees or expenses that were orally authorized.
COMPLETION/DELIVERY
DATES:
Any
delay in the completion of a project due to
external forces beyond my control (such as unusual
transportation delays, unforeseen problems at a
vendor site, computer/Internet related issues,
holidays, bad road conditions, etc.), or actions
and negligence of the client (i.e., content
delivery delays), shall entitle me to extend the
completion/delivery date, upon notifying the
client, by the time equivalent of such a delay.
CANCELLATION
FEES:
In
the event of cancellation of a project, the
ownership of all copyrights and original artwork,
including sketches, PDF files of layouts, and any
other mockups, shall be retained by me. Any usage
by the client of any of the project elements will
result in appropriate legal action.
A cancellation fee for work completed shall be paid
by the client. The cancellation fee is as follows:
50% of total project fee for preliminary work,
concepts, or comps, 75% of total project fee after
preliminary work but before completion, 100% of
total project fee for completed work regardless of
final approval.
ADDITIONAL
USAGE:
If
the client wishes to make additional uses of the
work, client shall seek permission from me and pay
an additional fee to be agreed upon.
COPYRIGHT
RESPONSIBILITY:
It
is the sole responsibility of the client to ensure
that any intellectual property (artwork, code,
etc.) that they provide is owned by them in
accordance with copyright laws. Ricardo McRae.com
cannot be held responsible for any copyright
violations or resulting fees due to assets provided
by the client. Likewise, Ricardo McRae.com am
responsible for any intellectual property Ricardo
McRae.com supply.
CREATIVE/INTELLECTUAL
PROPERTY
Under
Canadian copyright law, Ricardo McRae.com retains
ownership of the original artwork pieces created
for the client, although the client shall be owner
of the final product/implementation (i.e. Website,
Printed material, design, etc.). The original
artwork may not be reproduced without consent from
me.
All code parts produced during the work
relationship shall be owned by myself and may be
reused in future projects, although the actual
implementation (website, web app, etc.) of that
code is solely the client’s, and Ricardo McRae.com
shall not reproduce that same final implementation
elsewhere. The client reserves the right to reuse,
modify, transfer, or sell their implementation
although the code itself cannot be resold without
consent from me.
MODIFICATIONS:
Modifications
of the project agreement must be written, except
the invoice may include, and the client shall pay,
fees/expenses that were verbally authorized.
LIMITATION
OF LIABILITY:
Ricardo
McRae.com it’s employees or agents cannot be held
liable for any consequential or special damages,
such as profit losses.
PROMOTIONAL
USE:
Ricardo
McRae.com may reproduce any design, artwork, or
layout in promotional materials such as brochures,
mailers, and websites, unless otherwise requested
by the client. Ricardo McRae.com may use the
completed project and any preliminary designs for
the purpose of design competitions, future
publications on design, educational purposes, and
the marketing of myself. Where applicable, the
client will be given any necessary credit for usage
of the project elements.
CLIENT
RESPONSIBILITIES:
See
your quote or estimate to determine the client
specific responsibilities you have to contribute to
the success of this project. In addition, you may
be asked to complete other responsibilities in the
Project Scope document that may be created once the
project begins. It is important that these are
executed and your signature binds you to fulfilling
these objectives in a timely fashion.
AUTHORIZATION:
Written
approval or a signature on this document from you,
the client, or payment of a retainer or invoice
issued as a result of a quote or estimate,
indicates authorization from your company to
proceed with the project or work described within
this document. You are stating that you are a
legally authorized representative and are
committing to pay for all fees incurred in the
production of this project and that you agree to
all the Terms and Conditions laid out here.
LEGAL
FEES:
Client
shall bear all costs, expenses, and attorney’s fees
in any action brought to recover payment under this
contract or in which Ricardo McRae.com may become a
party by reason of this contract.
Last updated on August 2007