Acceptance of a quotation will be taken as acceptance of the following terms and conditions. Please contact us if anything is not clear to you.
All quotations are valid for thirty days from the date of the quotation. Creative or development work will start after we receive written approval of the quotation (by hand or by email).
The costs are based on what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. We may invoice the client additionally if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
Large-scale or long-term projects will be quoted in two halves (initial 50% deposit and final 50% balance). All projects which are completed in stages as agreed with the client, will be quoted separately at the completion of each stage.
Any printing, fulfilment, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost.
Unless otherwise stated above or previously agreed in writing, all invoices are due within 30 days of invoice date.
Unless otherwise agreed in writing, work will usually commence within 10 working days after acceptance of quotation. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resources, and approval. We will do our very best to fulfil the agreed timeline, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (act of God).
Costs provided allow for presentation of two options per brief for the client to choose from, unless otherwise agreed upon in writing. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional development and presentation. If after this third round there is still no agreement on direction, the agency reserves the right to potentially bring to an end any agreement with the client and invoice the client 25% of the accepted quotation.
Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges for further time spent, although the client would be made aware of this in advance. Client is responsible for proofing the final product to ensure consistency with house style and errors in copy.
Unless otherwise specified, costs quoted exclude the following where relevant: print; commissioned illustration, photography or stock images postage, in-house colour print-outs and travel, web hosting, couriers; and other third-party costs incurred.
Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual the types of inks or make-up of colours, the type of print process, the substrate used, individual preferences and several other reasons. As a result of this Happy Folk is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors.
Until payment is received in full, all designs, artwork, marketing materials, copy, film, and written strategic recommendations and reports and copyrights (whether in digital or printed format) remain the intellectual property of Happy Folk. Upon full payment Happy Folk will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and the Happy Folk’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online, unless otherwise agreed in writing.
Happy Folk will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique. It is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with relevant national authority if required.
The agency will provide the client with end-artwork in its final form, but not with original artwork or any working or development files, rejected copy, concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Happy Folk for non-exclusive future use.
The client agrees to indemnify Happy Folk and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Happy Folk will not be liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
Happy Folk will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing.
Happy Folk reserve the right to change or modify these terms at any stage with immediate effect.
5th floor, Oude Oeverstraat 120
6811 JZ, Arnhem, The Netherlands
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