CAVALRY - RULES OF ENGAGEMENT: 2023 / 2024
BETWEEN
«Company» (the client) including any other party acting on behalf of or with the authority of the client, and Cavalry Marketing & Design Ltd (Cavalry).
STANDARD HOURLY RATES
Cavalry charges a standard hourly rate of $175.00 plus GST per hour for the time spent on a project, unless a fixed price quotation is prepared for the client prior to commencement of work. We may alter our hourly rates depending on urgency, complexity, volume or other factors. Hourly rates are reviewed periodically and we will provide notification of this.
DISBURSEMENTS
Disbursements, including all printing, photography, videography, web design, models & talent, studio materials, couriers, tolls, mileage, travel expenses, and other incidental costs, will have a standard mark-up of 20% plus GST applied to cover administrative costs. Every effort will be made to estimate disbursements accurately, however these may vary on the final invoice.
PROJECT COST ESTIMATES
Prior to commencing work on a project, a cost estimate or fixed price quotation detailing fees and disbursements will be prepared for client approval. The client will be notified of any cost revisions or additional charges or disbursements, should these occur. All cost estimates and fixed price quotations are exclusive of Goods and Services Tax (GST) unless otherwise stated.
ADDITIONAL FEES AND DISBURSEMENTS
Cavalry reserves the right to charge for additional requested work undertaken on behalf of the client that was not outlined in the original brief. A revised estimate may be supplied, depending on the extent and cost of the additional work required. Additional work is defined as any changes to the original project specifications or changes to any process of artwork, new strategy considerations, further meetings and disbursements.
ACCEPTANCE
Any instructions received by Cavalry from the client to commence or continue a project and/or the approval of any cost estimate or quotation provided by Cavalry to the client shall constitute acceptance of these Terms of Trade. Upon acceptance of these Terms of Trade by the client, they are considered definitive and binding.
PAYMENT TERMS
Ongoing projects will be invoiced on a work-in-progress basis on the last day of the month. A final invoice will be issued upon completion of a project. Payment is due as per the date stated on the invoice. Where discounted rates are applied, and in some cases where Cavalry incurs costs payable on behalf of the client to third party suppliers, payment within 7 days will be requested.
DEPOSITS
Cavalry reserves the right to invoice 50% of the total project value prior to commencement of work. The balance will be invoiced on a work-in-progress basis until completion of the project.
PENALTIES AND NON-PAYMENT
Accounts not paid in full by the due date may incur a penalty charge of 2% per month or part month on the outstanding balance. All collection costs, including legal expenses incurred in recovery of debts owed to Cavalry will be added to the client’s account. Cavalry reserves the right to discontinue any work in hand for the client in the event of non-payment of accounts by the due date and retrieve any creative and or artwork, none of which may be used by the client. Where Cavalry has commissioned a website build for the client, Cavalry also reserves the right to remove the client’s website from the marketplace until such time as any overdue debts are paid in full. In the event of default, Cavalry may refer the matter to a debt collection agency. All job related costs including fees and disbursements will be claimed, irrespective of implementation by the client.
PROJECT OR CONTRACT TERMINATION
If a project or contract is terminated, all fees and disbursements incurred up to the date of termination will be calculated and invoiced to the client. After payment of all outstanding invoices is received in full, Cavalry will provide the artwork and assets (as original open working files) for all work undertaken for the client throughout the duration of that project or contract.
PROJECT MANAGEMENT
Cavalry prefers to manage the implementation of all projects, wherever practical. This is to ensure that execution standards are in line with the client’s strategic or creative investment and to uphold the reputation of Cavalry.
PROOFING AND APPROVAL
Artwork is typically produced using client-approved copy. Although every care is taken with the handling and checking of content, errors can occasionally occur. It is the client’s responsibility to check and approve final proofs. These must be signed or otherwise evidenced as verified and the original proofs returned to Cavalry prior to production commencing. Cavalry is not liable for errors or variations in the finished work where such errors or variations were contained in the proof approved by the client.
COPYRIGHT AND INTELLECTUAL PROPERTY
Presentations and documents developed for clients by Cavalry are for strategic internal use only. They are not to be reproduced or broadcast in any way. Proprietary methodologies contained in such presentations and documents are the intellectual property of Cavalry. Some presentations and documents may contain images from the public domain used as research examples for representational purposes only, without copyright clearance. Cavalry acknowledges the talent and authorship of the images and would seek formal rights in the event of any such material being made public in any reproducible form. These responsibilities will automatically transfer to any person or organisation using this material. Once the client has fully paid all amounts owing under these terms of engagement, Cavalry will assign to the client all our rights in, and title to, the final deliverables as stated in the initial brief. All other intellectual property, including all preliminary works and initial concepts on and from which the final deliverables were based and created, shall at all times remain the exclusive property of Cavalry and will not be assigned to the client.
Upon termination of a client contract, Cavalry reserves the right to charge an Intellectual Property Fee for all Open Files and Original Documents passed on to the client.
EXCLUSION OF LIABILITY AND INDEMNITY
Cavalry shall not be liable to the Client or any third parties for any loss, damage, expenses or any other liability arising directly or indirectly from the performance of the services by Cavalry pursuant to these Terms, including, but not limited to, any loss, damages, expenses or any other liability arising from each of the following:
To the fullest extent permitted by law, Cavalry excludes all warranties or conditions implied by statute, at law, by trade, custom or otherwise. The Client acknowledges that the Client assumes sole and entire responsibility for, and indemnifies and saves harmless Cavalry from, any and all claims, liabilities, losses, expenses, responsibilities and damages by reason of any claim, proceedings, actions, liability or injury arising out of or as a result of:
CONFIDENTIALITY
All work undertaken for the client is to be treated in strict confidence until either the information enters the public domain or until the strategy work has been implemented. The client acknowledges that all information supplied by Cavalry, including details of the arrangement between both parties, estimates, quotes, proposals and all other intellectual property, is confidential.
OWNERSHIP OF ARTWORK & DESIGN COPYRIGHT
All work undertaken for the client is owned by Cavalry until the client has paid for it; and is subject to design copyright. Use of this artwork without ownership or permission will result in legal action by Cavalry including but not limited to; a Cease & Desist order and/or seeking compensation to recover costs from the user.
SELF-PROMOTION
Cavalry reserves the right to use any work undertaken in a self-promotional capacity, including reproduction and display of the work for that purpose.
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