Terms and Conditions

All clients, in accepting to use the services of Steven Kelly, must agree, in full, to the ‘terms and conditions’ stated below.
Modifications made by mutual agreement only.

PROJECT MANAGEMENT:

In order to maintain focus, the client should detail the brief as fully as possible, providing any background details of their client (and their product/service) and market research.
Upon request, the client should give access to any further relevant details Steven Kelly may request.
The client should appoint a key person such as an account manager, creative director or senior copywriter to take sole responsibility for defining creative focus.
To whom creative submissions are presented is determined by the client. Steven Kelly agrees to present to his client’s client under his client's company name if required.
Steven Kelly will verify all phone conversations in a written document to safeguard against misunderstandings

PAYMENT:

The client must sign the contract provided by Steven Kelly, agreeing, in reference to the terms and conditions, to full payment of costs of services provided.
A deposit of 25% of the total estimated cost is requested prior to execution of the project.
Steven Kelly will furnish the client with a detailed invoice upon completion of his services within the project. Payment conditions relate to ‘invoice submission date’ not ‘publication date’ of project materials.
A discount of 5% of the total project cost is offered to clients paying promptly upon final invoice of my services.
Remaining balance is to be paid 21 days from receipt of the final invoice for the completed project. Finance charge of 1.5% per month (18% annually) on all overdue balances.
The client is obligated to pay for all work completed to date should the job be terminated, cancelled, rejected or not used. In the event of cancellation, or any delay of more than 30 days Steven Kelly will invoice for the greater of either: 1) work completed up to the date of written notification, including expenses; or 2) the amount of any advance deposit or progress payments already received. No refunds of progress payments will be made unless under exceptional circumstances at the discretion of Steven Kelly.

IN THE EVENT OF CLIENT TERMINATION OF THE PROJECT:

All work completed will remain exclusive property of Steven Kelly, but will be available if the project is resumed later.
Steven Kelly will submit a new estimate to re-start a stalled or re-defined project.

REFUND POLICY:

Refund may be granted before commencement of work. However any refund will be less an administration charge of NZ$150 should the client not wish to proceed before any creative submissions have been made.

The ‘pre-commencement’ refund policy will also not take into affect if the client does not provide any feedback within 30 days.

Refund based on kill/termination of project whilst in progress may be eligible for some refund of the initial deposit.

No refund shall be granted if the client uses any concepts based on the creative submissions of Steven Kelly.

REPRODUCTION OF WORK:

The client assumes full reproduction rights upon payment for completed project.
Steven Kelly retains personal, royalty-free rights to use the completed project and any preliminary concepts for the purpose of design competitions, publications, educational purposes and the marketing of his business.
Where applicable Steven Kelly will be given credit (i.e. within industry publications & competitions) as “copywriter” if he provided the majority of the concept or copy.
Steven Kelly retains exclusive rights to ALL concept material supplied but unused in the final execution of the brief.

REJECTION/CANCELLATION OF PROJECT:

The client shall not unreasonably withhold acceptance of, or payment for, the project.
If, prior to completion of the project, the client observes any non-conformance with the brief, Steven Kelly must be promptly notified, allowing for necessary corrections.
Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and billing for all additional labour or expenses to date.
All elements of the project must then be returned to Steven Kelly.
Any usage by the client of those concept elements without due recompense will result in appropriate legal action.
Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which Steven Kelly may become a party by reason of this contract.

COMPLETION/DELIVERY OF PROJECT:

Maintenance of the project completion deadline is the responsibility of both Steven Kelly & client.
Alteration or deviation from original brief, which involve additional costs, will be executed only upon approval with the client.
Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Steven Kelly, shall entitle Steven Kelly to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.

PROJECT CHANGES:

Project may be re-estimated at any time, by Steven Kelly or the client, if it is determined the scope of the project has been altered dramatically from the origin outline of the brief.
Project may be re-estimated if, upon receipt of all project elements, Steven Kelly determines the scope of the project has been altered dramatically from the origin outline of the brief.
No revision work, which requires payment, will be started without authorization from Client.
Any number of changes and revisions can be made without charge if employed on an 'period' basis (ie. hourly, daily, etc)
The number of changes and revisions that can be made without charge is limited to:
1) Rough initial outline or copy
2) New/revised draft (if necessary)
3) Final draft (with majority of client revisions)
4) Minor editing corrections (for the purpose of proofing/tweaking)

NON-DISCLOSURE CLAUSE:

Steven Kelly guarantees to take all reasonable steps to protect the identity of all parties and the nature of work prior to final execution.
Steven Kelly guarantees to take all reasonable steps to protect any sensitive information and trade secrets provided to him.
The client should brief Steven Kelly on additional security required if above and beyond ‘reasonable measures’.
Steven Kelly agrees not to pitch to his client’s clients, or competitors when privilege to the knowledge of potential work.
Steven Kelly will not divulge any personal details related of any parties.
Credit card numbers will not be stored or passed on and will be used only for payment processing.

DISCLAIMERS:

Steven Kelly guarantees all concepts and copy submitted will be created personally. However the Client must take responsibility to determine that they do not bear likeness to previous/existing works.
Should a concept bear likeness to previous/existing work Steven Kelly will resubmit further concepts. Additional charges will only be incurred when the ‘resubmitted work’ exceeds the ‘original submission’ charges.

RETURN OF MATERIALS:

Client materials (documents, literature, CDs, DVDs, etc.) will be returned upon receipt of payment for the completed project
If determined, by Steven Kelly, as within reasonable cost, he will be responsible for freight charges.
Numerous or bulky items will be returned at charge to the client.

(IN THE UNLIKELY EVENT OF) TERMINATION OF SERVICES BY STEVEN KELLY:

Steven Kelly will attempt to resolve any conflicts in a professional and amicable manner before terminating the project.
Steven Kelly reserves the right, at his discretion, to terminate Client’s access to all or a portion of the Service, and rights to concepts provided at any time. Steven Kelly will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination.
Should Client’s cancellation of use of the Service result from Client’s material breach of the terms and conditions of this Agreement, Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.

PROOFING:

Steven Kelly will apply due diligence to the provision of error-free copy and to proofread the project throughout. However it the sole responsibility of the client to review all material prior to production and to attest for its accuracy.
Steven Kelly will not be liable for production charges or legal cases related to any error in copy, edited or not.
The client has final approval and responsibility for accuracy of materials.