Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by BRK Global Marketing, Inc. (hereinafter referred to as BRK).
All work is carried out by BRK on the understanding that the client, Devon Creek / Lawn Elements, Inc. has agreed to our terms and conditions.
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.
Devon Creek / Lawn Elements, Inc. must take one of the following actions to formally accept this proposal:
* All the above binds Devon Creek / Lawn Elements, Inc. to accept our terms and conditions.
Billing Schedule (Project & Monthly Retainer Work)
Per the SOW terms of each project.
Should the client wish to pay via credit card or any fee-based platform they will be responsible for any accompanying fees.
Applicable tax will be applied to invoice(s) as directed by NCDOR.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
All initial design charges include 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 not be subject to any separate quotations or ‘buy-out’ charges.
*Shipping and hard drive costs are not included. Fonts are not included.
Any Client request not covered by this Scope of Work will be quoted by your Account Executive and shared for approval via Proposify. This includes, but is not limited to, the following:
Lawn Elements 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.
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.
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 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.
Ownership of Copyright: The client shall retain all copyrights and intellectual property rights associated with the assets produced by BRK Global Marketing, including but not limited to text, images, videos, designs, and any other creative works developed within the scope of the project when paid in full. BRK Global Marketing acknowledges that it does not claim any ownership or rights to the client’s copyrighted materials.
Usage for Self-Promotion: However, the client grants BRK Global Marketing a non-exclusive, royalty-free, worldwide license to use the client’s marks, brands, and assets produced by BRK Global Marketing for the sole purpose of self-promotion. This includes, but is not limited to, displaying the client’s logos, designs, or samples of the work created for the client on BRK Global Marketing’s website, social media accounts, portfolios, case studies, award submissions, and other promotional materials.
BRK Global Marketing agrees that it will not modify, alter, or use the client’s marks, brands, and assets in a way that may be misleading or detrimental to the client’s reputation or business interests. BRK Global Marketing will exercise reasonable efforts to ensure that any use of the client’s marks, brands, and assets for self-promotion accurately represents the client’s original intent and the quality of the work produced.
Both the client (Devon Creek Landscaping) and BRK Global Marketing acknowledge and agree that this arrangement allows BRK Global Marketing to showcase its expertise and demonstrate its capabilities while respecting the client’s ownership rights.
Lawn Elements (Devon Creek Landscaping) 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.
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.
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.
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.
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.
Agency of Record
Agency of Record (AOR) Representation: BRK Global Marketing, hereinafter referred to as the “Agency of Record,” is designated as the authorized representative of Devon Creek Landscaping (Lawn Elements) . As the Agency of Record, BRK Global Marketing is entrusted with the responsibility to act on behalf of the client in all matters pertaining to marketing, advertising, and related activities with Devon Creek Landscaping’s expressed permission. This representation includes, but is not limited to, negotiating, and executing agreements, making decisions regarding marketing strategies, managing campaigns, and liaising with third-party vendors or media outlets. The client acknowledges and agrees that the Agency of Record has the authority to act in its best interests, always maintaining a fiduciary duty to the client. The Agency of Record shall exercise reasonable care, skill, and diligence to fulfill its obligations in accordance with industry standards and in line with the client’s objectives and guidelines.