OLSEN CREATIVE GENERAL TERMS & CONDITIONS (Addendum to Invoice)
1.0 Comps, Changes, and Revisions per project: This estimate represents the maximum bid amounts, barring client requested changes or delays caused by client. All changes and/or additions to the initial request, such as rewrites or additional photo or illustration work, will be billed at market rate and included on the final invoice. This estimate does not include unanticipated materials, tax or reimbursable expenses. Olsen Creative will secure approval of additional expenses over $50.00. Includes up to three comps (preliminary, unpublished layouts) at no charge, and no charge for copy changes in these comps. The Client will approve comp to initiate the production of camera-ready artwork. Changes made after the third comp are billed at normal hourly rate. If photos are required, photography is extra. Changes to photos after separations have been ordered are charged at full separation rates.
2.0 This is a service agreement only and covers Olsen Creative services. It does not include costs for outside, non-Olsen Creative services such as ad placement costs, costs to purchase mail lists, novelties, printing etc. These are billed separately, direct from vendors.
3.0 Printing and printer or outsourced vendor selection: Costs for printing or outsourced vendor services are billed separately and directly to the Client by the printer or outside vendor. Olsen Creative reserves the right to select the printer or outside vendor by competitive bid. The Client is notified of and approves costs prior to printing or receipt of services.
3.1 Photography and Illustration: In the event that outside photography or illustration services are required, the Client will be notified and will be billed separately for such services by photographer or illustrator.
4.0 Terms of Payment for outside services and expenditures: Unless otherwise agreed, the Client is responsible for payment of costs incurred for non-Olsen Creative, outside services such as printing, mailing, mail bureau, photographers fees, novelties, media ad placement costs, and any costs billed direct to client by outside vendors or any party other than Olsen Creative as they relate to this agreement, and after an estimate for those services is given to and approved by the Client. It is the responsibility of the Client to meet the terms and conditions for payment as set forth by such vendors.
5.0 Late Payments:
5.0.a. Upon approval of credit, unless other credit terms are imposed, payment for services is due, and all monies owed by the Client to Olsen Creative shall be paid by the Client in the manner set forth above. Olsen Creative will furnish the Client with an invoice for services rendered. Any remaining balance on any account not paid in full within 30 days shall be subject to a finance charge of one and one half percent (1-1/2%) per month (minimum charge $1.00)
5.0.b. When amounts become delinquent, the entire balance is immediately due and payable plus applicable late charges, and Olsen Creative may refuse to perform further services and cancel any existing agreement without prior notice. If Olsen Creative cancels an agreement because of failure to pay, the Client agrees to pay for services performed prior to cancellation based on full rates in effect during the agreement period. Rebates or credits may be applied to the Client's delinquent account at the discretion of Olsen Creative.
5.0.c. Failure to receive checking copies, comps, tear sheets or copies of press releases is not a valid reason for withholding payment.
5.0.d. Delay of a project by the Client is not a valid reason for withholding payment. Payment will be expected as set forth in the original agreement.
5.0.e. The Client is responsible for any collection costs including court and attorney fees on all delinquent charges, and all collection costs actually incurred, including attorney¹s fees in any collection suit, any appeal therefrom, or otherwise. In the case of a bankruptcy, Olsen Creative is entitled to any money owing as set forth by the court.
5.0.f. If a dispute arises, parties should meet to resolve it first. Should the client fail to meet the terms of payment said client further agrees to pay such reasonable expenses and or legal fees as are required to collect the full amount due. The law of the State of Washington will govern enforcement of the terms of the agreement, and the venue for any lawsuit will be King County, Washington.
6.0 Termination: Agreement can be terminated by written notice only, and must be sent either by certified mail with return receipt, or by electronic mail and shall be effective on the date of actual receipt. Written termination by the Client shall be sent to Olsen Creative via email. Written termination by Olsen Creative shall be sent to the Client at their mailing address, or to the specified electronic mail contact.
7.0 Project Cancellation: Should this agreement be terminated by either party, all work in progress will be billed by hour and a final invoice submitted for any outstanding amount payable immediately. Client is responsible for payment of costs incurred for non-Olsen Creative services, and outside services such as printing, mailing, mail bureau, photographers and/or illustrators fees, novelties and any costs billed direct by outside vendors. In the event the Client wishes to cancel a particular project, the parties will try in good faith to substitute a project of equal value. The idea is for the two companies to work together to complete projects and to resolve any differences that result when or if projects cannot be completed as originally intended.
8.0 Confidentiality: Olsen Creative and its representatives acknowledge that the type of work being performed for the Client is of a sensitive nature. Olsen Creative acknowledges the need for confidentiality and will treat all matters dealt with during the course of the project with the utmost and fullest confidentiality. Any work being done by Olsen Creative or its representatives will not be released to anyone outside of the Client office or subcontractor's offices, and will not be seen by anyone other than persons/employees essential to completion of job.
9.0 Approval/Indemnification: The Client will approve of any materials produced via Olsen Creative prior to further production, publishing or dissemination, and indemnifies Olsen Creative from any harm, claim, or legal action or claim under the Consumer Protection Act resulting from any wording, phrases, claims, photography, or statements made in its advertising.
10.0 Ownership Rights: All artwork produced is the sole property of Olsen Creative unless the sale of rights is specifically stated. Usage of concepts and art provided is limited to the purpose and parameters as outlined in this agreement.
11.0 Termination/Cancellation fees: If a job is canceled midway the following fees apply:
10% of the fee - if the Client has given approval to begin the project with this signed agreement, and then cancels before the work has been started.
25% of the fee - if the work has been started but copy or comps haven't been submitted.
50% of the fee - if Olsen Creative has submitted an outline, copy platform or rough schematic, but has not yet written a draft or created a first comp.
75% of the fee - if a first draft or first comp has been submitted but no revisions have yet been made.
100% of the fee - if a draft or comp has been submitted and one or more revisions have been made.
12.0 Work Performed but Client later decides not to use piece: Once Olsen Creative has performed the work for any project described in this agreement, and the comps have been approved, the Client owes the fee stated herein, whether the Client uses the project or not. In other words, if the work is completed and the Client decides not to have a project printed, published, or disseminated, the fee is still due and payable to Olsen Creative. If the Client wishes to cancel a particular project described herein the Client must do so within 30 days prior to work commencing, and termination/cancellation fees as described above will apply.