Tanker Terms and Conditions | February 2019
It’s always helpful for everyone to be heading in the right direction when we are working together, so here’s a few tips and legal bits which I hope will make future journeys together hassle free and enjoyable for everyone.
Except in unusual circumstances, Tanker allows for one free, introductory meeting with a prospective client. Subsequent meetings are charged, unless otherwise agreed.
Clients should not ask for work to be done “on speculation” – i.e., to have the assignment contingent on approval of the work.
Estimates and budgets
Tanker can work to either a budget or provide itemised estimates. When sufficient information is provided, Tanker prepares a written estimate of a projects costs. When sufficient detailed information is not provided, or if information is unavailable, the pricing will be based on an hourly rate (updates of time *expended* are welcome at any stage). All estimates for projects with text include one set of amends. Additional amendments will be charged (it is in your best interests to provide final copy where possible). Individual estimates can be also be provided, for photography, illustration, copywriting, printing, websites, domains, proprietary software, programming, coding and equipment. No project is started without acceptance of the estimate from the client, or a purchase order.
If Tanker hires professionals/services and pays them, it is standard policy to markup the fees charged by them. The client can choose to pay these contributors directly to avoid the markup, but this should be addressed at the time they’re hired.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Tanker holds no responsibility for any amendments made by a 3rd party.
Billing and payment
The client should expect that the price on an estimate, plus additional expenses including gst, will be the invoiced price unless otherwise appended, verbally or in writing, before invoicing. Tanker appreciates your payment in seven days.
An invoice shall be considered overdue if it remains unpaid for 7 days from the date of invoice. Clients whose accounts become overdue will accrue a charge of $50 per week if under $1000, and $100 per week per $1000 for accounts over $1000. Invoices which remain outstanding for 14 days from the date of invoice shall be considered unpaid and Tanker is thereby entitled to remove Tanker’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers and photographers. Removal of such materials does not relieve the client of their obligation to pay the due amount. The client also agrees to cover any reasonable legal expenses and third party collection agency fees that Tanker may accrue in the enforcement of these Terms and Conditions.
Any information or material provided will be treated confidentially, and that all reasonable efforts will be taken to safeguard it.
Conflict of interest
Creative firms engaged in advertising and public relations should not have two clients who are directly competitive. As part of Tanker’s policy, it is acceptable to work with competitive clients, but usually not simultaneously. Where there is concern about conflict of interest, it is the responsibility of Tanker to ask the first client if it is permissible to also accept the work of a competitor.
Unless otherwise stipulated, every project should be considered as comprising two equal sections: 1) product specifics, market, objectives, and budget; which are the responsibility of the client; 2) conceptual approaches, creativity, management, and production expertise; which are the responsibility of Tanker.
It should be the responsibility of Tanker to provide what, in its professional opinion, is the best solution to the client’s problem or opportunity. Similarly, it should be its responsibility to follow the objectives, input, criticisms, and comments of the client.
In accordance with accepted professional services practice, the client is financially obligated for work done, whether or not it is used. In the event of dissatisfaction, the client should request Tanker to cease working at the earliest possible date. In this instance Tanker will invoice for the time spent, not the amount of the original assignment estimate. Please also be aware that writers, photographers, and illustrators may require a Kill Fee if a project is cancelled after work has started.
Copyrights and Trademarks
By supplying text, images and other data to Tanker for inclusion in the client’s print material, website, social feed or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Tanker on behalf of the client, will remain the property of Tanker and/or it’s suppliers.
Unless otherwise discussed, you are buying one-time usage of images and that copyright laws are in force. The client may request in writing from Tanker, the necessary permission to use materials (for which Tanker holds the copyright) in forms other than for which it was originally supplied, and Tanker may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Tanker, the client grants Tanker permission to use this material freely in the pursuit of the design. Should Tanker or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, social content or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Tanker to remove and/or replace the file on the site. The client agrees to fully indemnify and hold Tanker free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Unless otherwise indicated (often the case for illustration and photography), the output of Tanker becomes, after payment, the property of the client. However, all preparatory materials (sketches, unaccepted concepts, computer disks, films, plates, etc.) remain the property of Tanker.
Tanker likes to blow its own airhorn by featuring work in it’s newsletter, social feeds, blog, website, in national and international awards and publications, and as confidential case studies for potential clients or pitches. If you are not comfortable with being included in these or other possible promotional activities, please advise in writing.
While all due care is taken by Tanker, the responsibility of proof reading, checking all details and signing off of final design rests with the client.
Tanker Creative Limited | T. 0210 788 336 | E. firstname.lastname@example.org | www.tanker.co.nz