Terms & Conditions
Commencement of work
The client agrees to provide written approval of this submission before any work is commenced, as a Letter of Agreement between the client and Truly Deeply concerning the work outlined in this submission. By requesting that work start on this project the client agrees to these terms and conditions. Storm requires an up front payment of 30% for work to proceed. Any artwork provided by the client for Truly Deeply to use on this project must be free of copyright.
The client agrees to pay the invoiced amount within 14 days of receipt of an invoice, or as agreed prior, or otherwise stated on the invoice. If the work time exceeds 4 calendar weeks in duration, the client agrees to payment by calendar monthly invoices based on the work done to date. Storm requires an up front payment of 30% for work to proceed.
The client agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for the client by Truly Deeply during the course of this project (quantity to be specified by Storm). Storm reserves the right to publish, enter into design competitions, or use in any other manner, all work for the purposes of self promotion.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided on this estimate or in this proposal, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified on this estimate or in this proposal, the client agrees to pay appropriate fees for the excess work.
This is defined as any work involving additions to the list of items on this estimate or in this proposal, alterations provided to text or brief by the client after the first draft, or changes to all pieces of finished artwork after sign off by an authorised representative of the client.
Copyright for all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined on this estimate or in this proposal will be assigned to the client upon completion of the project and final receipt of all payment. At that time the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined on this estimate or in this proposal.
This granting of copyright does not extend to the use of design proposals submitted but not approved by the client for the work outlined on this estimate or in this proposal.
It is agreed that employees of Truly Deeply shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
It is agreed that Storm indemnify and hold the client harmless from and against all claims for injury to death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the client or its employees, and it is agreed that we shall notify the client in writing of full details of any such claim.
Cost of Recovery
The Customer shall pay the Supplier for all costs actually incurred by the Supplier/ in the recovery of any monies owed by the Customer to the Supplier under this Agreement including recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by the client and signed by an authorised representative of Truly Deeply prior to the commencement of work outlined in this submission.
Liability regarding work and materials provided
It is agreed that all work and materials provided for the client by Storm will be free and clear of all liens and encumbrances and may be lawfully used by the client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.