Terms and Conditions Silver Ads is pleased to set out its Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Silver Ads’s services.
1.1. The Services: Silver Ads will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Think will seek to discuss it with you at the earliest opportunity to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary. Authors Corrections. Unless specified in the Quote/Proposal, we include 2 rounds of changes on all items following the presentation of an initial concept. Revisions briefed thereafter will be charged according to Think’s standard hourly rate card.
1.2. Information: To maximize Silver Ads Agency’s effectiveness we must work with you as a team. Often Silver Ads work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Silver Ads will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Incidentals: Couriers or printed proofs from external printers if required, are to be charged to the client.
1.4. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.
1.5. Force Majeure: Silver Ads shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Silver Ads’s reasonable control.
2.1. Payment Terms: Invoices shall be settled by bank transfer into Silver Ads’s nominated bank account within 14 days of the date on the invoice unless agreed otherwise. Think Creative retains ownership of all work until full payment has been made.
2.2. Other Specialist Services: Silver Ads’s estimate is exclusive of third-party costs such as photography, illustration, video production, sound recording, etc unless otherwise included in the estimate. Silver Ads may, unless you instruct us otherwise, seek such specialist services in areas outside our expertise. The costs of such services will be passed on to and will be quoted according.
3.1. In most cases, Silver Ads will provide a scoping document that details the functionality in the work we do for our clients, this includes but is not limited to a website, application, or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4.1. Content and Images: It is your responsibility to provide us with the required information about your business and marketing objectives. Silver Ads takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied in jpeg, gif, tif, png, or psd format. The text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may incur additional costs for retyping text. Where the content is provided in a form where a significant amount of copywriting is required, a further charge may be made.
4.2. Information for charts, graphs, and infographics is to be supplied in Excel. If we are required to retype large amounts of content, then additional costs may be incurred.
4.3. Client-supplied images should always be high-res images at 300DPI for print purposes. If they are solely for use on the web, then lower-resolution images are acceptable. Silver Ads will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been permitted to use these images.
4.5. You grant Think permission to utilize logos and any other company identity to create the project. You agree to indemnify Silver Ads from any claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5.1. Confidentiality: Save as required by law, Silver Ads will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Think may, however, disclose your documents and affairs to:
(i) Such of your other service providers as you inform Silver Ads are involved in any assignment on which Silver Ads is instructed;
(ii) Silver Ads’s affiliates or related parties; and
(iii) Any other service provider to whom Silver Ads may properly delegate aspects of any assignment to provide a full range of services to you.
6.1. Freedom to use Ideas and IP: Silver Ads may develop or use for other clients any ideas, concepts, source code, information, or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Think, shall, upon you paying Silver Ads in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Silver Ads or third parties engaged or employed by Silver Ads.
6.3. Portfolio Rights: Silver Ads retains the right to showcase your project on its website and design portfolio for the sole purpose of promoting our work.
6.4. Working Files and Copyright: Silver Ads owns the legal copyright of our working files. Working files are our intellectual property and this can be and is not limited to design concepts, design elements, infographics, fonts, and imagery. Working files are not released as part of our projects. If you wish to be supplied with working files, then this needs to be requested and we will supply a quote for this release.
7.1. All services may only be used for lawful purposes. You agree to indemnify and hold Silver Ads harmless from any claims resulting from your use of our service that damage you or any other party.
8.1. Our total liability to you in contract or tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill, anticipated savings, or any other indirect or consequential loss.
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.