Terms of trade
Kingfisher agrees to provide to their client the services outlined in the Project Order and the client will pay Kingfisher for these services in accordance with the terms of the Project Order and/or commissioned works and this agreement:
- In this agreement "we" "us" or "our" means Kingfisher and "you" means the client.
- We will provide the Services to you from the commencement date subject to these terms and conditions.
- If you wish to engage us for any period after the completion of the Services, we will negotiate a mutually acceptable arrangement.
OUR COMMITMENT TO YOU
- provide the Services in a conscientious, timely and professional fashion;
- not do anything which may cause the reputation or goodwill of your business to be detrimentally or prejudicially affected;
- comply with your reasonable directions; and
- provide staff and equipment sufficient to carry out the services.
- It is agreed that Kingfisher and its employees thereof shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any client information that the client has stated in writing is of a confidential nature.
- We warrant that we have the necessary professional skills to perform the Services.
- We will provide you with cost estimates or formal quotes for requested work, and for third party products, for your approval before we commence any work.
Commitment to reasonable deadlines
- This is of course after both parties have agreed on a mutually acceptable deadline to meet client wishes and creative development.
Deliver your designs to you promptly
- Once we have signed approval of any quotes and have been supplied with the brief, copy, images and other requirements, and a deposit has been negotiated and processed, we can begin. Turnaround for your first proof will vary depending on the type of project we are engaged to deliver, the scope of that project, the agreed project timeline and the timely supply of content by you. We always aim to deliver work in a timely fashion and will provide clear communication around that delivery as per the project requirements and your deadlines.
WHAT WE ASK IN RETURN
- The client shall give us instructions adequate to define your requirements including program and budget.
- The client is responsible for the accuracy, legalities and completeness of all particulars provided to us or obtained on the client's behalf. The client agrees to give decisions and provide required information within a reasonable time so as not to delay our work. The client acknowledges that we will rely upon your instructions.
- Upon receiving the client's instructions to proceed with the provision of Works/Services, we are not liable for any amendments, variations, alterations or errors not identified prior to your certification of the Work/Services.
- We ask for written approval with accompanying purchase order to undertake commissioned projects.
FEES AND PAYMENT
- All invoices are strictly 30 days unless another trading term has been stated and agreed to in writing.
- You will pay us the fees and allowances as set out in an agreed Schedule. You must pay us in accordance with our usual trading terms as set out in the Schedule.
- If this agreement is terminated before the Services are completed, you will pay us all fees for Services performed up to the date of termination, including for Services performed during any period of notice given by one party to the other party.
- We will be entitled to recover from you our reasonable legal costs and expenses for bringing and maintaining legal and other any action to recover outstanding debts.
- We will not provide Services in excess of the agreed number of hours specified in the Proposal without your prior written consent.
- We'd like to think that our accounts are settled with the same prompt attention we give our client's projects.
- All quotes prepared by Kingfisher are based on the work being provided to Kingfisher Creative in a timely fashion in order to meet deadlines. Kingfisher reserves the right to charge a loading for ‘rush' deadlines which are imposed by the client. Kingfisher will NOT accept responsibility for errors in rush jobs.
Changes in Instruction
- If our work is increased due to changes in the client's instructions or requirements or if our work is increased or our services protracted due to causes beyond our control then (unless our fee is already on a time charged basis) an additional fee shall be chargeable on a time basis, unless some other basis is agreed. Where for any services provided by us the fee is not stated in this agreement, such fee shall be on a time charged basis unless otherwise agreed. Should such additional become or appear likely to become chargeable, we will promptly notify the client in writing.
Credit Card Payment Fees
- We accept credit card payments by VISA and MasterCard. All payments made by credit card will be subject to a 2.6% merchant fee.
- Once you have paid in full all outstanding accounts related to the agreed scope of works you will take outright ownership of the copyright for all Materials produced by us and an exclusive, irrevocable license to use the Materials produced by us. These Materials include any brand workshop process documents, our proprietary process and approach, the logos, branding concepts and 'look and feel' concepts designed by us.
- You acknowledge that we may enter into similar arrangements with other customers to provide similar and other services to those other customers. We will not provide similar services to your competitors that we know of during the period in which we are providing the Services to you.