Terms & Conditions

This section defines the terms and conditions of our working relationships with our clients. All projects or services that Signpost Creative may be contracted to produce or provide will be subject to the following:

DATA CONTROL, PROCESSING AND SECURITY

The nature of our business means that we may process personal data about our Clients or their customers. All the data we process on a Client’s behalf is subject to our stringent in-house security measures, which include but are not limited to:

  • Regular data audits and deletion of old data from our systems.
  • Secure sharing of passwords or personal data through Lastpass, One Time Secret or other privacy-protecting systems.
  • Storage of personal data on secure systems that are either encrypted or password protected. 
  • Anti-virus and anti-malware software is installed and updated on all our computers.
  • Access to any personal data we control or process is only given to staff or contractors as required to fulfil their work, and revoked when the work is complete. 

We require all our staff, associates and contractors to adhere to our own security measures when processing personal data on a Clients’ behalf. 

WORKING/BILLING PHASES

  • When work is project-based– by prior agreement the Contractor will invoice the client on completion of the project.
  • When work is ongoing – or for projects lasting longer than one month, the Contractor will then invoice the client at the end of each month.
  • Revisions, alterations, or changes in objective may sometimes make accurate estimation of costs in advance difficult. Billing in phases allows either the contractor or the client to adjust or postpone/halt a project.
  • Proposals/Estimates – Clients will receive a proposal outlining project specifications and our proposed scope of services and working/billing phases. Proposals will also include an itemised estimated budget requirement. Signpost Creative will only begin work upon approval of this written estimate (written or oral), which will constitute an agreement between both parties.

PAYMENT/ESTIMATES 

The Client agrees to pay the Contractor in accordance with the terms specified in each proposal/estimate. Interest on past due balances is 8% per annum. The Contractors reserves the right to refuse completion or delivery of work until past due balances are paid. Estimate: Billing will reflect the actual costs incurred. Client-requested changes will be billed additionally. The Client will be notified of any price changes.

OUT-OF-POCKET EXPENSES

Fees for professional services do not include outside purchases such as, but not limited to, software licenses essential to the project, web design, hosting, membership of services for the client, or courier service. Expenses are itemised on each invoice. If the Contractor or other services are required in out-of-town locations, the Contractor will bill accommodation, meals, and travel at cost. Reimbursement for mileage is calculated at current allowable rates.

REVISIONS AND ALTERATIONS 

New work requested by the Client and performed by the Contractor after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, the Contractor will submit a proposal revision memo to the Client, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or publishing are completed are billed at standard hourly rates.

OVERTIME

Estimates are based on a reasonable time schedule, and may be revised to take into consideration “Priority Scheduling” requests requiring overtime and weekends. Knowledge of the Client’s deadlines is essential to provide an accurate estimate. 

NATURE OF COPY 

The Client agrees to exercise due diligence in their direction to the Contractor regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, servicemark, copyright and patent infringement clearances, unless otherwise specified. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

TELECOMMUNICATIONS

The Contractor shall pay for all emails, faxes, phone calls etc made from the Contractor’s home that are made on the Client’s behalf. The Contractor is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

ERRORS AND OMISSIONS 

It is the Client’s responsibility to check drafts carefully for accuracy in all respects. The Contractor is not liable for errors or omissions. The Client’s signature or that of their authorised representative is required on all drafts prior to release for printing or other implementation.

INSPECTION OF BOOKS

Upon reasonable notice, any and all invoices from the Contractor’s vendors, time sheets and other documentation relating to the Client’s account will be available to the Client. 

PROPERTY AND SUPPLIER’S PERFORMANCE 

The Contractor will take all reasonable precautions to safeguard the intellectual and physical property the Client entrusts to the Contractor. In the absence of negligence on the Contractor’s part, however, the Contractor is not responsible for loss, destruction or damage or unauthorised use by others of such property. The Contractor will use best efforts to ensure quality and timely delivery of all work and materials. Although the Contractor may use their best efforts to guard against any loss to the Client through the failure of vendors, media, or others to perform in accordance with their commitments, the Contractor is not responsible for failure on their part. If the Client selects their own vendors, other than those recommended by the Contractor, the Client may request that the Contractor coordinates their work. If at all possible, the Contractor will attempt to do so, but cannot in anyway be held responsible for quality, price, performance or delivery. 

LIEN 

All materials or property belonging to the Client, as well as work performed, may be retained as security until all just claims against the Client are satisfied.

RIGHTS OF OWNERSHIP

Once a project has been delivered by the Contractor and is fully paid for by the Client, the Contractor will assign the reproduction rights of the design for the use(s) described in the proposal. According to Copyright Law, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by the Contractor, or purchased from a stock agency on the Client’s behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with the Contractor and/or his/her authorised representative, the Client may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. The Contractor reserves the right to take a screenshot of and/or distribute or publish for promotional and marketing needs any work they create for the Client, if it currently resides in public view, and if not, with the Client’s consent, including mock-ups as samples for a portfolio or similar media.
The Contractor agrees to store any digital work done for the Client for a period of 6 months beyond the delivery of a job. Thereupon, the Contractor reserves the right to discard them. 

TERM AND TERMINATION 

The term of this agreement will continue for work in progress until terminated by either Party at any time. If the Client should direct the Contractor at any time to cancel, terminate or “put on hold” any previously authorised purchase, the Contractor will promptly do so, provided the Client holds the Contractor harmless for any cost incurred as a result. Upon termination of this agreement, the Contractor will transfer to the Client all property and materials in their control and for which the Client has paid. The Client will indemnify and hold the Contractor harmless for any loss or expense (including legal fees), and agree to defend the Contractor in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to assertions made against the Client and any of its products and services arising from the publication of materials that the Contractor prepares and the Client approves before publication.

PRODUCTION SCHEDULES

Production schedules will be established and adhered to by both the Client and the Contractor, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Contractor. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

ADDITIONAL PROVISIONS 

This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If the Contractor must retain solicitors to collect their invoices, they will be entitled to reasonable legal fees, court costs, and interest at the maximum rate permitted by law.