Terms and Conditions
Client Work
FEE ESTIMATES / QUOTES
Fee Estimates are valid for a period of thirty (30) days from the date of issue. Estimates are provided according to an initial client brief. Unless an item has been explicitly listed in the estimate, it is not included in the price. Alterations to the brief, specifications or changes in scope will incur further costs. Why Then How reserves the right to alter the estimate should they believe the scope of work falls outside of what was quoted. Please contact Why Then How prior to Fee Estimate approval should items within the estimate require clarification.
PAYMENT
Unless otherwise specified, a deposit of 30% of the total estimate is required prior to commencement. The remaining 70% will be required at the end of the project or divided into progress payments. Unless otherwise stated, deposits are to be paid within fourteen (14) days of the invoice date, and final invoices within fourteen (14) days of the invoice date.
In the event of an invoice not being paid by the due date Why Then How has the right to delay work, pause production or retain deliverables. A percentage of the invoice amount as a late payment fee may also apply to overdue invoices.
Why Then How reserves the right to invoice projects when Why Then How's portion of the project has been completed, not once the project has been finalised by the client. Why Then How does not offer payback schemes or loan arrangements. Acceptance of a Fee Estimate includes full acceptance of the payment terms listed here. Once quotation approval has been provided these payment terms are not negotiable.
CONFIDENTIALITY
Why Then How and its contractors will keep confidential information arising from the project or relating to the business of the client strictly confidential and will not disclose any such information without prior consent of the client. This clause shall not apply to information which is:
published or generally available in the public domain
required by law to be disclosed
CONFLICT OF INTEREST
Why Then How confirms that at the time of the Agreement, no conflict of interest exists. If during the term of the project a conflict arises Why Then How will notify the Client immediately of that conflict.
AUTHORISATION, COPYRIGHT & LICENSING
Why Then How retains the rights to individual elements of each project developed and provided by Why Then How including but not limited to content, concepts, photography, and graphic elements. This excludes elements with previously held copyright. Why Then How reserves the right, and the Client grants permission for Why Then How to utilise projects, company name and logo for the purposes of promoting the business of Why Then How.
Why Then How grants the client a worldwide, royalty-free, exclusive license to use the final assets created for the purposes for which they were intended, for promotional purposes. The assets created cannot be passed on to a third party or used to promote another entity unless a separate licensing agreement is created.
ARTWORK
Artwork is to be fully approved from all client parties prior to the commencement of further work. Once approved and development commences, artwork alterations will incur further costs. Artwork supplied by the client needs to be high resolution. In order to ensure your needs are met, Clients must provide a detailed brief. Upon viewing the artwork, Why Then How reserves the right to alter the estimate should the artwork not be within the budget quoted.
PROJECT FINALISATION
Why Then How will ensure the project deliverables are reviewed and complete, however, we do require clients to review and approve their project prior to project finalisation.
SUPPLY OF MATERIAL
Text, graphics and photography are to be supplied in digital format unless otherwise specified in this Fee Estimate. Text is to be fully edited and proofread prior to Why Then How receiving it. All supplied materials must comply with standard copyright requirements. Failure to provide information in a timely manner will result in timelines being pushed out to accommodate. When content is overdue and the Client wishes to keep the original timelines, additional fees may apply.
IMAGERY
Unless otherwise specified in this Fee Estimate imagery required for a project that is purchased from a stock library or custom photo shoot will be sourced at an additional cost.
CORRECTION ALTERATIONS & EXPENSES
Expenses incurred throughout the project including couriers, proofs and materials are invoiced in addition to the quoted amount. The Fee Estimate includes two (2) sets of alterations (revisions), after which the hourly rate applies. Author corrections and changes to the brief over and above those quoted will be charged as incurred. The client can reduce the amount of corrections by supplying approved sourced material and detailed instructions prior to work commencing.
Author’s Corrections are changes to material or instructions (including a brief) supplied by the client at any stage of the design/creation process, or changes to creative material.
TERMINATION
Parties are free to terminate this contract by agreement. All work done and costs incurred must be paid by the client before termination.