Standards of Practice
Consultation
Except in unusual circumstances, the creative consultancy will make one free, introductory visit to a prospective client. Subsequent calls are made as part of a billable assignment unless both parties agree otherwise.
Speculative Work
Clients should not ask for work to be done “on speculation” i.e. to have the assignment contingent on approval of the work. Speculative work is subject to widespread abuse, increases prices and is otherwise unprofessional.
Estimates and Proposals
When sufficient information is provided, the creative consultancy is expected to prepare a written estimate or proposal of assignment schedule, costs and terms and conditions. When sufficient detailed information is not provided, it is the obligation of the creative consultancy to say so. If information is unavailable, pricing should be based on an hourly labour rate with frequent reviews of time expended. No assignment should be started without a signed acceptance of the estimate or proposal or a purchase order authorization.
Billing and Invoicing
The client has the right to expect that the price on an estimate or proposal plus additional expenses (that the client has approved before it was incurred) and VAT will be the invoiced price unless otherwise appended, verbally or in writing, before invoicing.
Confidentiality
The client should expect that any information or material provided will be treated confidentially and that all reasonable efforts will be taken to safeguard it. If requested, the creative consultancy will willingly sign a nondisclosure agreement.
Conflict of Interest
The creative consultancy will not work for two clients who are direct competitors. Where there is concern about possible conflict of interest, it is the responsibility of the creative consultancy to ask the first client if it is permissible to also accept the work of the second.
Working Arrangements
Unless otherwise stipulated, every assignment is considered to comprise two equal sections: product specifics, market objectives, budget and approvals are the responsibility of the client; conceptual approaches, creativity, management and production expertise are the responsibility of the creative consultancy.
Submissions
It is the responsibility of the creative consultancy to recommend what, in its professional opinion, is the best way to meet the client’s objectives. Similarly, it is its responsibility to follow the direction, input, criticisms and comments of the client closely.
Ownership
The creative consultancy reserves the copyright to all of its output and reserves the right to use it in its portfolio. Ownership in the intellectual property of the output remains vested in the creative consultancy. All preparatory materials (sketches, concepts not utilized, artwork, mechanical files and computer files) remain the property of the creative consultancy. The final output of the creative consultancy becomes, after payment, the property of the client. If the full payment has not been made, the client is not authorized to use the creative consultancy’s output. Should the client require ownership of the intellectual property, the two parties will negotiate a price and agree in writing to the transfer. The material will become the client’s intellectual property once this document has been signed by both parties and full payment of the amount agreed on has been made.
Approvals
It is the sole responsibility of the client organization to review all material before production and to confirm its accuracy. If the material is done to the client’s satisfaction, the client will sign or email to indicate his approval. After this the client will have no claim against the creative consultancy for errors on the approved material and will be billed for changes made that did not arise from errors by the creative consultancy or printer. The creative consultancy will not be held liable for any damage or loss incurred if the client’s instructions were to proceed before material was submitted for sign off.
Non-Use
In accordance with accepted professional service practice, the client is financially obligated for work done, whether or not it is utilized. Any preparatory material or concepts presented to the client, which was not selected and approved for use remains the intellectual property of the creative consultancy.
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