Terms of Engagement

Revised 28th May 2018

The following terms and conditions outline our intended way of working together to spend our time producing the best results at pace. Please take the time to read and discuss if necessary. We know one size doesn’t fit all and are happy to discuss if you would like to propose alternatives. If there are alterations to these terms and conditions, they need to be stated in writing when accepting the proposal or mutually agreed throughout the project.

Acceptance of the proposal will be taken as acceptance of the following terms and conditions.

1. Payment
1a )Unless otherwise stated in the proposal, payment is due upfront (50%) and within 14 days of the final milestone being delivered (50%).
1b) All costs provided exclude GST where applicable and are valid for thirty days from the date of the quotation.
1c) If a project is to be delivered in stages, payment of each stage must be received before commencing the next stage.
1d) If a project commences and extends beyond twelve weeks of the final milestone, 12HIGH will bill 50% of the remaining quotation.
1e) Any significant third party services which are agreed and paid by 12HIGH will be outlined in the proposal and required to be paid upfront.

2. Scope
2a)The costs provided in the proposal are based on anticipated resources, time and production requirements based on the brief, our experience and our processes. It also relies on client co-operation, resources, content, meeting deadlines and sign-off. Within reason, additional charges may be payable if there are significant variations to scope or pre-requisites. Any changes which will result in deviation from the proposal will be communicated in writing with the client in advance.
2b) The proposal allows for one round of edits to the delivered work. Any significant scope change, new information or new direction will require additional work which will be outlined in a written proposal. Our preferred way of working with clients is collaboratively so there aren’t any nasty surprises at the end.
2c) Costs include a reasonable meeting time in person and via phone. Any significant meetings over one hour (including travel) will be outlined as a deliverable. Any additional significant meetings over an hour will incur extra billing and 12HIGH will make the client aware of this in advance.
2d) The proposal includes all standard printing, local travel and operational expenses. Unless otherwise stated, the cost excludes any significant expenses such as production costs, content, creative, long distance travel, web hosting or additional third parties. As we take a test and learn approach, there is the possibility that inputs may be added or changed throughout the project. If that is foreseen, they will be agreed and signed off by the client in advance.

3 Sign Off
3a) Client sign off will be required for the proposal, at the commencement of each stage and prior to any significant development or production.
3b) Sign off will be accepted from the contact of the original proposal unless directed in writing otherwise.
3c) Work will commence when 12HIGH has received written approval of the proposal via signed document or email and, if stated in the proposal, the initial upfront payment.
3d) If a project is to be delivered in stages, sign off will be required in stages before commencing the next stage.
3e) 12HIGH reserves the right to charge if dedicated resources are cancelled with less than 24 hours notice. 

4 Timelines
4a) 12HIGH are committed to delivering at pace and will always aim to the milestones outlined in the proposal. This may rely on client co-operation, resources, content, meeting deadlines and signoff to complete.
4b) If timelines shift due to forces outside of 12HIGH’s control such as client pre-requisites, third party issues (not controlled by 12HIGH) or force majeure, 12HIGH will alert the client as soon as reasonably possible with  revised timeline but will not be held accountable.
4c) One day equates to eight hours work. Standard business and contact hours are 8:30am – 5pm. 

5 Confidentiality
5a) 12HIGH operate under mutual non-disclosure where we both parties agree not to (either directly or indirectly) divulge any information which is proprietary to the other. Both parties will act reasonably to protect such information and treat it as strictly confidential. Where unsure, the other other party will request for release of information from the other.

6 Ownership
6a) All materials remain the property of 12HIGH until final payment is received. Once payment is received, the client has full ownership and copyright of work completed. 12HIGH’s intellectual property including methodologies, techniques and case studies, remain ours.
6b) 12HIGH reserve the right to reference and promote work completed in presentations, portfolios and online. Any public reference to a client or a clients work must be approved by the client and no confidential information will be shared at any time.
6c) Appropriate credit and acknowledgment for work produced by 12HIGH should be attributed to 12HIGH where possible.

7 Indemnity
7a) The client agrees to indemnify The Creative Clinic and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken.
7b) The agency will not be held responsible for any delays, errors or losses arising from any third party.

8 Warranty
8a) The client will is to alert 12HIGH in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. 12HIGH will make best efforts to resolve but will not be liable for any claims made after this period.

9 Termination
9a) Either party may terminate the partnership with 14 days notice.
9b) If the engagement is cancelled by the client and the engagement is one off project work, the remainder of the project will be charged immediately.
9c) If the engagement is cancelled by the client and the engagement is an ongoing engagement, the client will be billed for the next 30 days as per the average of the previous three months.
9d) If the engagement is cancelled by 12HIGH, no further billings will be released.

These terms and conditions supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. By agreeing to these terms, your statutory rights are not affected.

We look forward to working with you.