STANDARD TERMS OF WORK
Approvals for all work including estimates, budgets, design layouts and copy via email is considered a formal written approval of the document associated with that email. An email approval is a binding approval for M3/Meridian to initiate work. Estimations provided by M3/Meridian include anticipated scope-of-work costs and the projected agency hours required to complete that work. Change Orders must be submitted in writing via email and will be billed accordingly. Significant differences in the scope of the project will require reconciliation. A significant difference is considered here to be +/- 10% of estimated hours.
PROOFS & MOCK UPS
Review proofs thoroughly. Proofs are furnished to clients to check for typographical, spelling & grammatical errors or mistakes in layout. If the mock up / copy needs a formal review process by more than one person or department representing the client, it is the responsibility of the person approving the layout to route the proof to the appropriate people. If an error is discovered after the proofing, process and costs are incurred to redesign or reprint, the client will be responsible for that cost.
All out-of-pocket or third party expenses such as photography, illustrations, slide production, supplies and materials, CD’s, deliveries and messengers will be billed unless otherwise included in the estimate.
All artwork will be prepared electronically as InDesign, Adobe Photoshop or Adobe Illustrator programs. PDF, JPG, EPS and or PNG files will be provided to the “Client.” Requests for additional copies of electronic files for media inquiries or vendors will be handled upon request and billed accordingly per agency’s hourly rate for administrative support. Native files will not be provided unless otherwise agreed upon in writing. M3/Meridian will also provide the Client with electronic proofs and files for use in execution of materials per agreed upon contract. Any requests made outside of contract will be billed hourly.
Websites are not portable unless otherwise agreed upon in writing. Amortized website costs must be paid in full before domain name redirects can be performed. Amortized website costs for hard coding and front-end design, website hosting and social media management will be billed monthly or quarterly or as otherwise agreed upon. The cost to transfer a domain name is $25 per domain name or at the hourly rate of $110 per hour – at the agency’s discretion. Website maintenance and design are performed one to two months in advance depending on season and campaign strategy; therefore, all invoices and fees for work performed must be paid in full before a domain-name transfer request can be honored. All domain-name transfer request fees must be secured by credit card before work begins. A late fee of $25 per month will be charged for website fees paid 30+ days late. M3/Meridian reserves the right to discontinue website hosting for non-payment of fees. A fee of $150 will be charged to resume web hosting if disconnection has occurred. All website hosting, maintenance, and social media agreements auto-renew on an annually basis until a written notice is received 120 days prior to requested service termination. Photography, proprietary programs, customer information captured via database portal or programs are non-transferable. Domain name transfer will only be transferred to ownership unless otherwise requested via notarized affidavit by business or property owner(s).
The budget / estimate quoted and services offered remain firm for a period of 30 days from the date of writing and approval. M3/Meridian reserves the right to amend or vary fees or service details on acceptances made beyond this point.
Should the scope or schedule of the work outlined per within an agreement change by a Client during the course of a project, the professional fees may be revised. In the event, this project requires work to be performed on a rush or overtime basis, any additional costs incurred due to such circumstance will be reflected in our billing.
A fee equaling one-half the total cost of the project will be invoiced up front and is payable upon receipt in order to initiate work. The outstanding fees as well as itemized expenses will be billed on a monthly basis and are payable within 30 days. A 30%-50% deposit to hold an event date or activity will be billed.
M3/Meridian retains the right to use all designs for the purpose of self-promotion and marketing of M3-Studios.
DESIGN RIGHTS & PROTECTION Any design, name, mark, logo or other tangible that is approved, selected and fully paid for will become the exclusive property of the Client. All other designs, names, marks, logos and materials developed by M3/Meridian, which are not selected, shall remain the property of M3/Meridian.
To the best of M3/Meridian’s knowledge, the materials created by M3/Meridian do not infringe upon the ownership rights of any third party. However, M3/Meridian cannot warrant that the Client will not be subject to claims of others due to the complexity of the laws and regulations governing such rights and the virtual impossibility of searching designs and names worldwide, particularly common law usage rights which are not registered. It is the Clients’ sole responsibility to consult its own legal counsel on a timely basis to determine the availability, registerability and/or protectability of the proposed designs, names, marks and other materials prior to final approval. The Client acknowledges that M3/Meridian shall have no responsibility or obligation to research, evaluate, assess or determine the availability, registerability and/or protectability of any of the proposed designs, names, marks and other materials created, prepared and/or submitted to Client.
Legal protection and, where appropriate, registration of the Materials is the Client’s sole responsibility and should be done promptly after final approval in order to create and preserve such rights.
Estimations include only the items and scope of work referenced within a document. The Client that authorizes M3/Meridian to produce marketing services on its behalf for the costs estimated has full authority to authorize such charges. Marketing services performed on the Client’s behalf are to be paid in full to M3/Meridian under the following terms: net 30 days or an interest rate of 1.5% per month will be applied to on any unpaid balance, The per annum rate is 18%. If the Client cancels, revokes, puts on hold any estimated services for any reasons including, without limitation, director / marketing change, agency change, or project “kill” or termination, payment for all production and agency commission fees will be invoiced immediately and payable upon receipt. M3/Meridian will collect 30% of all sponsorship fees obtained on behalf of a client unless otherwise agreed in writing and compensated for otherwise. All application fees will be collected by M3/Meridian as compensation for administrative costs associated with the processing of applications. Payment for media that has been procured, purchased, reserved and planned and that cannot be canceled, revoked or terminated and all other services involving an outside vendor or independent contractor, will be subject to the terms and conditions of each vendor’s or independent contractor’s contract (each available upon written request) and/or invoiced and payable in full upon receipt. The Client agrees that any disputes or discrepancies involving this agreement and any legal or attorney’s fees shall be the sole monetary responsibility of the Client. All prior verbal agreements are superseded and merged into this understanding. The terms outlined here will be governed by and construed in accordance with the laws of the state of North Carolina.