Posted, updated and effective as of: 4/7/17
How We Roll:
The fees provided are an estimate only of the work to be completed based on information provided and known. A 50% non-refundable deposit is required at the start of a new project for all new clients. Balances are due upon final approval. Two rounds of changes are included in the fee unless we state otherwise. In the event of cancellation of any project, ownership of all copyrights and the original artwork shall be retained by Wilson Creative Group (aka: WCG or the Agency). A cancellation fee for work completed, based on the proposed price and expenses incurred, shall be paid by the Client (aka: you or the company you represent). After all payments received, the Client retains ownership of the final artwork unless specific otherwise. Modification of the Agreement must be written and agreed upon, except that the invoice may include, and Client shall pay, fees or expenses that were estimated or orally authorized in order to progress promptly with the work. The online acceptance of both parties shall be evidence of acceptance of these terms.
By accepting our proposal, estimate or agreement of fees, you verify the following: You have read, understood, and agreed with all the terms and conditions outlined herein. You acknowledge you have seen and agree with the price listed in the section marked “TOTAL”. Either you, or the company you represent will be responsible to pay the entire amount listed in the “Total” section per the terms outlined in the estimate. Work will commence once you have signed or digitally accepted this estimate, and your 50% deposit has been received. You understand that if any other estimate is issued for the same work outlined above, the newer estimate will take the place of this estimate and make it invalid.
The Estimate Process
Our agency has a thorough understanding of your project. The proposal or estimate outlines what we calculate the price will be to complete the work described. It is our policy to provide clients with accurate estimates, however, a variety of rare circumstances can cause our estimate to reflect a price different from the final
The number of estimated hours is greater than used or needed. In this event, your invoice will reflect a discount from the estimate, and will be so noted. In this way you will know that your invoice, despite the reduced price, represents your entire bill for the work described on it.
Excessive changes or substitutions occur on the part of the client. We will always inform you if you are reaching the estimated time limit, and it is clear your project is not finished. This estimate covers a limited number of hours and two rounds of client changes. Any time those limits are exceeded through no fault of the agency, you will incur additional hourly charges. We work hard to provide new estimates within a 10%+- amount from the original in such an event. Your assistance may be needed in determining an appropriate number of additional hours or changes forthcoming.
Unforeseen changes occur in subcontractor pricing. Estimates may include estimated prices from photographers, illustrators, freelancers, printers, stylists, chefs or any other service providers who later alter their own estimates. As soon as we are informed of any such change, you will be notified and a new estimate will be furnished for your approval.
Alteration of project parameters. Charges will be invoiced for materials and time already spent on any canceled or redefined project, and issue a new estimate for the scope of work. “Credit” for work completed on a previous design may not be applied to new scope of work. An additional deposit for the redefined project may be required. Rest assured any time or changes executed due to our internal directives and exceeding your estimate will not be charged to you. Estimates may vary from the quote by as much as 10%. You acknowledge that your actual invoice may reflect a price up to 10% higher than what is quoted on this estimate.
Billing is time-based. You will be billed for any interfacing requiring an application of the commodity of our time. Time is billed in 15 minute increments. Any time spent additional to the estimate will incur additional charges, billed in 15 minute increments at the rate of $195/hour. You will be provided a new estimate. Any rush may incur an additional 50% over normal pricing at the discretion of a WCG representative. Any same day turnaround or project deemed as RUSH based on its turnaround time will be identified and incur rush fees, and may subject you to additional rush fees from subcontractors, according to their terms and conditions.
Retainer invoices are billed at the beginning of each month for work occurring during that month. Retainer agreements are binding for a 90-day minimum and may be cancelled anytime thereafter with a 30-day notice in writing. All payments must be received before releasing files.
Your files become your property once paid in full for ALL current and outstanding jobs, unless property rights are otherwise specified. WCG may not retain unused files and reserves the right to destroy files for which has not been paid.
Service Charges and Commissions
Service charges or commissions on vendor work are legitimate entities. This covers time spent in vendor selection, supervising the work of the vendor, ongoing communications, etc. Most importantly, these costs assure full supervision and vouching for the quality of the vendor’s work. A fee of 20% is generally charged on all subcontractor work. Media placement incurs a 15% commission on the total buy.
If stock images or video is used from our collection in your project, you will be charged $75 per use. If images are researched and purchased on your behalf, any cost over $195 each will be notified prior to purchasing. All stock images are additional to the fee proposed.
Please Help by Proofing Your Work
When approving a final project so it may be delivered to the printer or other service agency, your approval is required in writing. E-mail is an acceptable format for approvals. If no such written approval is received, your file may not proceed to the next step. We will proceed discretionarily at no fault to WCG if greater risk is at stake than an actual mistake.
We take great responsibility for the work we produce, however we are in no way, responsible for the accuracy of any materials you present to us for use in your project once you have approved a final. While we run spell checks and proofread your materials for grammatical accuracy, we cannot be responsible for any such errors even when if the material originated with WCG, if you have approved the final with the mistakes within. Please always proof your final materials very carefully. Additionally, we do not offer to be, nor do we represent ourselves as any form of legal advisor. If your industry requires disclosures, disclaimers, association logos, proof of federal, state or
local regulatory compliance or any other form of legal text or imagery, it is your responsibility to inform us of this fact in writing, and provide accurate verbiage where applicable. The accuracy of the terminology or imagery we use is ultimately your responsibility, so be certain everything is correct.
A Word About Copyrights
Wilson Creative Group retains the copyright for any job for which is not paid in full. This means if our work is used without our permission or without full payment, you will be in violation of our copyright. We vigorously pursue any infringement of our copyrights through the Federal court system. Rewards for payment can include substantial percentages of you or your companies’ revenues, large statutory fines and legal fees. As you are informed in advance of this policy, any infringement on your part becomes a willful infringement, which exposes you to additional liability under U.S. Title 17. You agree that you will never use any work provided to you by us without intent to pay. If your invoice has remained unpaid after 90 days, we will assume payment is not forthcoming and will take additional steps to safeguard our intellectual property. At 120 days, we will litigate to recover any and all unpaid balances. If you have distributed or sold our work during this time, we will pursue remedies available to us via U.S. Title 17.
If We get Divorced
Should the time come when either party wishes to sever the relationship, you will be invoiced for the time and materials needed to provide you with copies of your files for use by you or another agency. Additionally, your account must be paid in full for ALL outstanding jobs, or no files will be released to you. This is a policy which cannot be overlooked.
Payment Terms, Liability, Disclaimers, blah blah blah
Final payments upon expiration or cancellation of a project or retained agreement are to be received, net 21 days. And the part we hate and never have had to confront: Unfortunately, litigation may begin after 90 days of any unpaid balances. This includes any interest accrued. You agree any litigation arising from disputes over the project or billing will be executed in the sunshine State of Florida. Furthermore, you agree any decision made in the favor of WCG will also obligate you to pay our legal expenses, as well as work time lost for us to appear before a judge.
On a Final Note
Our proposals, estimates and all agreements refer to all of these terms and conditions and are agreed upon by parties hereto with reference to the URL found with this subject matter hereof. No other agreements, oral or otherwise, shall be deemed to exist or to bind any one of the parties hereto, and all prior agreements and understandings are superceded hereby. No officer, agent or employee of Wilson Creative Group has any authority to make any representation or promise not contained in this agreement, and the client agrees it has not executed this agreement in reliance upon any such representation or promise. This agreement cannot be modified or changed except by written instrument signed by all parties hereto. Each party agrees to indemnify, defend, save and hold the other party harmless from and against all liabilities, damages, judgements, claims, costs and expenses incurred by the other. If any court of competent jurisdiction shall declare any portion of this agreement invalid or unenforceable, the remaining portion thereof shall nonetheless remain in full force and effect. The parties hereto intend and agree the laws of the State of Florida shall govern this agreement.
That being said, we are honored and proud you have selected to work with Wilson Creative Group, Inc. We thank you for this opportunity and look forward to a long, healthy and successful relationship (which means none of the above would matter).