Terms & Conditions
The client agrees to furnish BrandPolished with any materials necessary to complete the project. BrandPolished utilizes collaborative software and mobile technology for client approvals, collaboration, and meetings to save both parties time and money.
Fees associated with Web Hosting, Test Servers, Stock Photography, etc. are not included in the final price and will be billed to the client. These fees are subject to a 5% administrative fee. At no time will additional charges be billed to the client without express written agreement between both parties. Other costs, such as printing, photography, etc. are estimated to the best of our ability. They are estimated at actual cost plus a 15% handling fee.
All applicable sales tax will be paid by the client. Out of state and out of country projects are tax-exempt.
Projects placed on hold for more than 30 days will automatically be billed for work completed and are subject to termination and revised estimates thereafter.
By signing this agreement, the client gives BrandPolished permission to act on all authorizations given by phone, email, or text. BrandPolished will follow up with written confirmation. Additional work outside of the work described above is subject to additional fees at the rate of $75 per hour. Additional projects and ongoing services can be negotiated at any time. At no time will additional charges be billed to the client without express written agreement between both parties.
Corrections to Project
By signing this agreement, the client agrees that any corrections required as a result of client delay, miscommunication, or failure to provide any requested information (Examples: text or copy, approvals, files, etc.) is subject to additional fees at the rate of $75 per hour. Such work will be recorded and billed to the client at a rate of $75 per hour. Additional projects and ongoing services can be negotiated between both parties at any time. At no time will additional charges be billed to the client without express written agreement between both parties.
Intellectual Property Protection
All creative work developed by BrandPolished, including designs and trademarks, are not intended to infringe on the rights of any third parties. BrandPolished will not guarantee that other parties will protect the client from any claims. As is customary in our profession, BrandPolished does not obtain clearance or registration of such rights on behalf of the client. It is recommended that legal counsel be sought to determine the clearance and rights to all creative work not developed by BrandPolished. By signing this agreement, the client takes full responsibility for any and all permissions necessary in the use of all images and copy supplied to BrandPolished for the work described above.
Unless otherwise stated, all original (non-royalty-free) illustration and photography are purchased for one time use only and entitles the client to reproduction rights for the specific project on which the price was negotiated. Re-use, adaptation, or extended use will require additional compensation based on the market value of additional usage.
Copyright on all original designs remains the property of BrandPolished until completion of the contract (including implementation per these conditions) and full payment of all related fees are received. Client grants permission for the use of any and all work for BrandPolished’s promotion, including submission to design competitions and publications.
Both client and BrandPolished have the right to terminate the agreement in writing. In the event of termination or cancellation, BrandPolished will be paid for all expenses incurred on all fees for work done up to date of termination. All concepts and work produced up to date of termination remain the property of BrandPolished. BrandPolished exclusively maintains any and all rights to the above Description of Work until all fees are paid in full. Failure to pay in full may result in legal action by BrandPolished for Theft of Intellectual Property.
In the event of a legal action to enforce any provision of this agreement the prevailing party shall be entitled to receive reasonable attorney’s fees and costs. Prior to court proceedings however, either party may submit a dispute to binding arbitration before the American Arbitration Association in the city of Irvine and the state of California where BrandPolished’s offices are located.