Terms & Conditions
‘The Company’ is Civic Owl Marketing Inc. ‘The Client’ means the party, or any person acting on their behalf with whom the Company contracts.
- All prices for services carried out by the Company are subject to HST (where applicable) at the prevalent rate.
- All prices are estimates, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete the project, if requested, will be charged accordingly. Deliveries and couriers are additional.
- At the Company’s discretion, a signed purchase order, email approval or a signed estimate (preferably with a PO number) will need to be raised for the full estimated amount before work can commence on any job. A separate PO may be requested for any extras such as distribution, storage, deliveries or mailing.
- Work is billed either monthly or on completion of a project stage.
- All estimates are based on expected design time and include two sets of author’s corrections. If additional changes are required by the client, or there is a change of brief, the Company will inform the Client in advance of extra cost likely to be incurred.
- All projects are planned to an agreed schedule. Non adherence to this schedule by the client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
- Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work.
- For all new clients, payment for the full or part amount + HST may be requested in advance of commencement. For any subsequent jobs, full payment must be received by the Company not later than 30 days after the date of invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts which are not paid by this time.
- As is normal professional practice within the design industry, once a client has an established credit account with the company, Civic Owl shall invoice in project stages e.g.,: Stage 1 – Conceptual Design, Stage 2 – Detailed Design and Design Development etc. Upon stage completion unless where exceptional terms have been agreed with the client. Additionally, Civic Owl reserves the right to invoice for any part work carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the client for a period of 4 weeks or more. In good faith all materials would be held by Civic Owl for a period of 12 months during which time resumption of works on the project would be completed according to the original schedule of costs so long as the project specification remained unaltered.
- For any job for which the Company is liable to expend a large sum of money in advance, the Company reserves the right to request payment in advance from the Client.
- All work produced and devised during a project(s), i.e.,: creative, digital, software files, print files and all related correspondence remain the property – physically, intellectually and in copyright, of the Company unless an assignment of copyright ownership document is signed by both parties.
- Once final proofs have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
- It is the responsibility of the client that all materials (including, but not limited to images – photographs, diagrams or illustrations, the clients’ own and third party logos as well as intellectual property in other media) supplied to Civic Owl by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Civic Owl will not accept responsibility/liability for infringements caused by any supplied materials.
- The Company reserves the right to outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
- The Company will not be held financially responsible in any way for services not carried out/managed directly or indirectly or agreed to by the Company.
- In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non-payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline).
- Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of approximately 10 per cent overs or unders.
- Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss.
- The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, slogan, tagline, colour usage, image style, fonts and content, product or otherwise.
- It is the responsibility of the Client to seek copyright protection if desired for any creative/ intellectual property provided to the Client by the Company
- By commissioning the Company, the Client is agreeing fully to its Trading Terms and Conditions.
- If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Civic Owl judges to be proportional to the amount of work completed on the commission.
- The Company reserves the right to the addition of a credit or imprint on printed or digital projects unless instructed otherwise by the client and to the use for self-promotion any work carried out for the Client.
- The Company reserves the right to use both initial creative concepts and final approved design work for the purpose of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the client.