In this agreement “we” “us” or “our” means Tall Poppies Design and “you” means the client, (First Name, Last Name, Company provided in the Creative Retainer Package sign-up page). 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.
- provide the Services in a conscientious, timely and professional fashion;
- not do anything which may cause the reputation of your business to be detrimentally affected;
- comply with your reasonable directions; and
- provide staff and equipment sufficient to carry out the Services.
We warrant that we have the necessary professional skills to perform the Services.
Either you or we can terminate this agreement at any time by giving at least one month written notice. You can terminate this agreement at any time by giving written notice effective from the date of the notice if we breach these terms and conditions and fail to rectify that breach, or we cease to provide the Services or we are insolvent.
FEES AND PAYMENT
Each month’s full payment (100%) will be required before the commencement of the creative retainer project tasks and this fee is non-refundable. All additional invoices are strictly seven days in accordance with the rates outlined in the schedule. Additional services as directed by you will be charged at an hourly rate of $80/hour* for package option one, or $70/hour* for package option two (*subject to change at any time), or a flat project fee. Any variation in the fee payable to us as a consequence of such a direction will be as agreed between us.
You acknowledge that we may enter into similar arrangements with other customers to provide similar and other services to those other customers.
If we have access to or become acquainted with confidential information concerning your business and customers, we will not at any time while we are providing the Services or after the end of this agreement: copy or use the confidential information for any purpose other than for your the benefit without your consent; or Disclose the confidential information to any other person except in the proper performance of the Services or with your consent, except where the confidential information is required to be disclosed by Law.
We will own all the intellectual property (IP) rights in all methodology materials (“Materials”) such as documents, designs, records and working papers produced by us. You will have a non‐transferable license to use the Materials produced by us for you, provided that you have paid all monies due and payable to us in respect of the Services provided to you.
NO EMPLOYMENT, PARTNERSHIP OR AGENCY
We are not by virtue of this agreement your employee, partner or agent.
The proposed project total reflects a good faith estimate based on existing understanding of the objectives and priorities of your business and website. If the project scope changes to an extent that substantially alters the specifications described in the original estimate, a proposal revision memo will be submitted, and a revised or additional fee must be agreed upon before further work proceeds.
You may, by written notice to us, direct us to vary the scope of the Services and we will comply with that direction. Any variation in the fee payable to us as a consequence of such a direction will be as agreed between us.
Any notices or other communications will be sent to your address as set out in the Schedule unless you advise us of another address is notified to of contact person.