Terms
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by BRK Global Marketing (hereinafter referred to as BRK).
All work is carried out by BRK on the understanding that the client has agreed to our terms and conditions.
Project Acceptance
BRK will provide client with a Statement of Work (SOW) which outlines project deliverables and budget.
Client must take one of the following actions to formally accept the proposal:
- Digitally accept the SOW via Proposify electronic signature.
- Sign and date a copy of the SOW and return it to BRK.
- Send an email acknowledging acceptance of the SOW.
Acceptance of the SOW binds the client to accept our terms and conditions.
Change Orders
Any client request not covered by the Scope of Work (SOW) will be quoted by your Account Executive and shared for approval. Acceptance of change orders should follow the procedure outlined above.
Change orders include, but are not limited to, the following:
- Additional rounds of revisions
- Additional deliverables or designs not in scope
Billing Schedule (Project Work)
Client will be provided a billing schedule in the SOW for all project work. All projects will have a deposit due upon receipt in order for the project to commence. All future billings will be Net 30 unless otherwise agreed upon. The client is responsible to notify BRK at the time of signing SOW of any billing terms that would prohibit the billing schedule to be fulfilled as proposed.
Client will be provided a link to pay via ACH or Credit Card through the BRK Payment Portal . Should the client wish to pay via credit card they will be responsible for any expressed accompanying fees. Client may also pay via check through via the postal service or contact accounting for ACH deposit information.
Applicable tax will be applied to invoice(s) as directed by NCDOR.
Billing Schedule (Media)
Client will directly cover the costs of all digital media expenses via a Credit Card Authorization form, that will be supplied by your Account Executive.
Traditional Media Costs will be passed through to the client to be paid directly to Vendor.
or,
should BRK cover media expenses for the client, with prior approval, the client will be billed as agreed upon.
Source Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including, but not restricted to: indd, PSD, AI, png, file or other source files, or raw code. If the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Buy-out Charges are as follows:
- Design Files: $950 per asset*
- Video Files: $1,500 per asset*
*Shipping and hard drive costs are not included. Fonts are not included.
Payment
Payment must be submitted within NET thirty (30) days of the invoice date. Accounts that remain outstanding for thirty (30) days after the date of invoice, will incur a late payment interest charge of 1.5% on the outstanding amount from the date due until the date of payment.
Default
An account shall be considered default if it remains unpaid for thirty (30) days from the date of invoice, or following a returned check. BRK shall be entitled to remove BRK‘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, photographers, and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all BRK’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to BRK for inclusion in the client’s website or another 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 the rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by BRK on behalf of the client, will remain the property of BRK and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the client solely for the project defined in the scope or request and not for any other purpose.
The client may request in writing from BRK the necessary permission to use materials (for which BRK holds the copyright) in forms other than for which it was originally supplied, and BRK may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not BRK.
By supplying images, text, or any other data to BRK, the client grants BRK permission to use this material freely in the pursuit of the design.
Should BRK or the client supply an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, 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 BRK to remove and/or replace the file on the site.
Copyright is retained by BRK on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all the costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of BRK unless specifically agreed in writing.
Alterations
[Client Name] agrees that changes are required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The client also agrees that BRK holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea, or code created for the client by BRK, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of BRK and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. BRK will not be held responsible for any and all damages resulting from such claims.
BRK is not responsible for any loss, consequential loss, or non-delivery of products or services, of whatever cause. The client agrees not to hold BRK responsible for any such loss or damage.
Any claim against BRK shall be limited to the relevant fee(s) paid by the client.
Data Formats
The client agrees to BRK’s definition of acceptable means of supplying data to the company.
Text is to be supplied to BRK in electronic format as standard text (.txt), MS Word (.docx), or via e-mail / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by BRK via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and BRK will not be held responsible for any image quality which the client later deems to be unacceptable.
BRK cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, data entry services, color correction, and alteration of images.
Project Completion
BRK considers the project complete upon receipt of the client’s signed Approval form or signoff email. Any changes or updates made after this point are subject to a Change Order or new Scope of Work.
Website Design Only
BRK requires that a template is approved by the client before the coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colors, structure, or content that require changes to the template will incur an additional charge.
Disclaimer
BRK makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BRK will not be held responsible for any and all damages resulting from products and/or services it supplies. BRK is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold BRK responsible for any such loss or damage. Any claim against BRK shall be limited to the relevant fee(s) paid by the client.
BRK reserves the right to use the services of sub-contractors, agents, and suppliers, and any work, content, services, and usage are bound by their Terms and Conditions. BRK will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
BRK and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. BRK recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time is made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. BRK reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by BRK, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions. An estimate validated by the client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and BRK.