RHowe Marketing Consulting – Terms and Conditions
All services provided to the Customer by RHowe Marketing Consulting are subject to the following Terms and Conditions.
1. Project(s) Approval: A payment of an advance fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website, with all quotes and invoices, and at any time by request to RHowe Marketing Consulting.
2. Fees: fees and charges for the services to be provided by RHowe Marketing Consulting are defined in the project quotation that the Customer receives via e-mail or proposify online tool. Quotations are valid for a period of 30 calendar days. RHowe Marketing Consulting reserves the right to alter or decline a quotation after the expiry of the 30 calendar days.
Items in a quotation provided by RHowe Marketing Consulting are quoted to a ‘fixed price’ based on the Client requirements and information provided. No extra charges will be incurred to complete any quoted items unless further requirements, scope change, scope creep or information is provided to RHowe Marketing Consulting by the Client which significantly changes the aforementioned quoted item. Any extra charges will be quoted to the Client prior to the commencement of the additional quoted item.
All significant Marketing Projects require an advance deposit payment of a minimum of fifty percent (50%) of the project quotation total before the work is commenced and submitted to the Client for review. The remaining fifty percent (50%) of the project quotation total will be due upon completion of the work prior to the project launch, send or live campaign. Charges for the project do not cover the release of source code and graphical elements created in the campaign or project mix such as; HTML, email files, jpg, wordpress, psd, ai, png etc. this also includes open source code and plug-ins. A separate quotation for these items can be prepared if the Client requires these items. Please note all 3rd party and Open Source software remain the property of the respective copyright owners and where applicable Open Source software will be supplied under the GNU license agreement.
Payment for services is due by direct bank deposit. Payments should be payable to RHowe Marketing Consulting and sent BSB 062 692, Account Number 3341 9429 including the invoice number as reference.
3. Customer Consultation: Where consultations are required between RHowe Marketing Consulting and the Client, charges may apply. Initial consultations which occur at RHowe Marketing Consulting offices or telephone consultations are free of charge at 1st round briefing stage, known as “Ascertain and Discover”. The “Request a Free Marketing Review” is subject to the promotional Terms and Conditions in the section “Terms and Conditions: Request a Free Marketing Review”. Consultations which are required to take place at the Customer’s premises may incur a consultation fee. Any consultation fees which may incur the Client will be advised prior to a consultation.
4. Customer Consultation and Sign-Off: RHowe Marketing Consulting will provide the Customer with regular opportunities to review the appearance, layout and content of the projects during the design and creation process. The initial stage of creation involves the ‘design shell’ of the Marketing Strategy, Planning or Marketing Design Project which, once finalised and approved by the Client (Known as “Round one changes”), subsequent second-round changes will not be amended without additional cost to the Client. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies RHowe Marketing Consulting otherwise within ten (7) calendar days including statutory holidays of the date the materials are made available to the Client via, email, post, electronic portal.
5. Turnaround Time and Content Control. RHowe Marketing Consulting will provide the Customer’s project by the agreed date wherever possible unless a delay is specifically requested by the Customer and agreed by RHowe Marketing Consulting. In return, the Customer agrees to delegate a single individual as ‘Subject Matter Expert’ to aid RHowe Marketing Consulting with the project deliverables to progress the project in a satisfactory manner within the project scope, timing and budget.
During the project, RHowe Marketing Consulting will require the Customer to provide text copy and content images. If the content is not provided within four (4) weeks of an official request by email then RHowe Marketing Consulting reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules should any changes in pricing schedules occur during this time. If the content is not provided within eight (8) weeks from the original email or telephone request then the Customer is considered to be in default and the project will be terminated and the Customer sent the final invoice for immediate payment. RHowe Marketing Consulting will agree, at its discretion, to recommence the project after the agreement is reached on a new quotation document and once the original fees have been paid.
6. Additions/Extras. Any additional items, pages or other features requested by the Customer to be included in an already quoted or invoiced project will be assessed by RHowe Marketing Consulting and quoted or billed separately. As additions or extras are deemed out-of-scope and will have to be accounted for a new request/quote.
7. Payment. Invoices will be provided by RHowe Marketing Consulting both at the start of a project for the deposit payment, and upon completion of the project and any associated services. Invoices are normally sent via email. Accounts that remain unpaid thirty (30) days after the date of the invoice incur a service charge in the amount of two percent (2%) per month of the total gross amount due.
8. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on RHowe Marketing Consulting’s operations (online or offline), RHowe Marketing Consulting will, at its discretion, remove all such material from the public domain, staging servers, test servers or other private-public channels. RHowe Marketing Consulting is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of their obligation to pay any outstanding fees or charges assessed to the Customer’s account. Cheques returned for insufficient funds will incur a return charge of $50 and the Customer’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay RHowe Marketing Consulting reasonable expenses, including all legal fees and costs for debt collection by third-party agencies, incurred by RHowe Marketing Consulting in enforcing these Terms and Conditions.
9. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will be honoured and confirmed in writing and signed and dated by an authorised Director of the company, entity, or service. The Customer will be invoiced for any strategy work, planning, e-marketing or design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
10. Ownership. Any and all strategy papers, copy, promotional plans, social networking assets, design, files, layouts and other items related to the project remain the full ownership of RHowe Marketing Consulting until full and final payment has been made for the project. Ownership is transferred from RHowe Marketing Consulting to the Customer upon final payment of the project. Some project methodology and process may still be retained by RHowe Marketing Consulting if part of our Intellectual property and used for the project for release for a specific project but only as a ‘one shot’ use and can not be repeated or renewed without RHowe Marketing Consulting’s authorisation and this may require a release Fee to be determined per instance.
11. Copyright(s). The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants RHowe Marketing Consulting the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting RHowe Marketing Consulting permission and rights for use of the same and agrees to indemnify and hold harmless RHowe Marketing Consulting from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
12. Intellectual Property. Any functions, coding, programming or other systems created by RHowe Marketing Consulting which controls the Customers Marketing Project (online/offline) remains the property of RHowe Marketing Consulting at all times. Upon the final payment of the Marketing Project, the Customer becomes the owner of the style, layout, copy, general design and graphic design of the Marketing Project. The Customer also retains ownership all of the content placed onto the Marketing Project. The content, style and design of the Marketing Project will be made available should the Customer elect to leave RHowe Marketing Consulting professional services.
13. Media – Customer Requirements. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disc, via e-mail, or electronic drop box) which has been proofread and signed-off by the customer and that all photographs, images and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Images and photographs requiring external scanning, retouching, or documents provided in hard copy requiring re-typing will incur further charges. Although every reasonable attempt shall be made by RHowe Marketing Consulting to return to the Customer any images or printed material provided for use in the creation of the Marketing Programme, such returns cannot be guaranteed.
14. IMC watermark and credits. A link to RHowe Marketing Consulting will appear in either small type or by a small graphic at the bottom of the Customer’s marketing material or online web presence. If a graphic is used, it will be designed to fit in with the overall site design as a footer watermark.
15. Access Requirements. If the Customer’s Web site is to be installed on a third-party server, RHowe Marketing Consulting must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server which may incur further charges by the Customers third-party server provider.
16. Post-Live handover and live project alterations. RHowe Marketing Consulting cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed, live and operational. Such alterations include, but are not limited to plug-in’s upgrades, template edits, CSS edits, additions, modifications or deletions.
17. Domain Names. RHowe Marketing Consulting may purchase internet domain names on behalf of the Customer. Payment and renewal of those domain names is then charged and paid by the Customer to RHowe Marketing Consulting. The loss, cancellation or otherwise of the domain brought about by non-payment or late payment is not the responsibility of RHowe Marketing Consulting.
18. Confidentiality. RHowe Marketing Consulting will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is a confidential nature relating to the business strategies, intellectual property, customer data, products, services or processes related to the Customer. The obligation of this confidence will cease to apply regarding any information RHowe Marketing Consulting is required to disclose by law.
19. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s signature below or payment of an advance Fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. RHowe Marketing Consulting reserves the right to change any of the Terms and Conditions at any time and without prior notice
20. Governing Law. This Agreement shall be governed by Victorian State Law and Australian Federal Law.