Studio Gavari is pleased to set out their Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Studio Gavari’s services.
1.1. The Services: Studio Gavari will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Studio Gavari will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary. If the scope of a brief does not change, the Quote/Production Estimate covers 1 (one) round of what would be deemed as reasonable creative changes (unless otherwise detailed in the production estimate) following the presentation of an initial concept, this does not extend to functional changes that were approved in a scoping document. Revisions briefed thereafter will be charged according to Studio Gavari ’s standard hourly rate card.
1.2 Information: To maximize Studio Gavari ’s effectiveness we must work with you as a team. Often Studio Gavari ’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification Studio Gavari will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Termination: Should you wish to terminate the contract prior to commencement of work, Studio Gavari will be entitled to a penalty of 15% of any quotations mentioned in the Quote/ Production Estimate. Should the project be terminated after work has commenced, you will be invoiced the 15%, or for work already completed, whichever is greater.
1.4. Force Majeure: Studio Gavari shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Studio Gavari ’s reasonable control.
2.1 Payment Terms: Invoices shall be settled by direct bank transfer into Studio Gavari’s nominated bank account within 8 workdays of the date on the invoice unless agreed otherwise, without deduction. Studio Gavari reserves the right to charge interest on invoices that are not paid within that time at the rate of 18% per annum.
2.2 Other Specialist Services: Studio Gavari’s estimate is exclusive of third-party costs such as photography, illustration, video production, sound recording, etc. unless otherwise included in the estimate. Studio Gavari may, unless you instruct us otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be passed on to and will be quoted accordingly.
3.1 In most cases Studio Gavari will provide a scoping document that details the functionality in the work we do for our clients, this includes but is not limited to a website, application, or other services requested. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4.1 It is your responsibility to provide us with the required information about your business and marketing objectives. Studio Gavari takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tiff, png, or psd format. The text should be supplied as a Microsoft Word, Pages or an ASCII text file. Failure to supply material in an easily accessible format may result in additional costs being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copywriting is required, a further charge may be made. You grant Studio Gavari permission to utilize logos and any other company identity for the purposes of creating the project. You agree to indemnify Studio Gavari from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5.1 Confidentiality: Save as required by law, Studio Gavari will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Studio Gavari may, however, disclose your documents and affairs to:
(i) such of your other service providers as you inform Studio Gavari is involved in any assignment on which Studio Gavari is instructed;
(ii) Studio Gavari’s affiliates or related parties; and
(iii) any other service provider to whom Studio Gavari may properly delegate aspects of any assignment in order to provide a full range of services to you.
6.1. Freedom to use Ideas and IP: Studio Gavari may develop or use for other clients any ideas, concepts, source code, information or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Studio Gavari, shall, upon you paying to Studio Gavari in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Studio Gavari or third parties engaged or employed by Studio Gavari.
Studio Gavari is entitled, at its own discretion, to carry out the service itself, to use the services of competent third parties as vicarious agents for the provision of contractual services and/or to substitute such services ("external service"). The commissioning of third parties within the scope of an external service is carried out either in the Studio Gavari's own name or in the name of the Client. Studio Gavari will carefully select this third party and ensure that it has the necessary professional qualifications.
7.1 All services may be used for lawful purposes only. You agree to indemnify and hold Studio Gavari harmless from any claims resulting from your use of our service that damages you or any other party.
8.1 Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill, or anticipated savings or for any other indirect or consequential loss.
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.
Last update: 02/2021
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