We don't mean to sound scary but here is some legal stuff we must share (and bore) you with…
Intellectual Property
All copyright or other intellectual property rights in any material devised by Beachhouse will belong to Beachhouse until all payments due for the completed work are received. Upon receipt of the final payment, only the agreed copyright and other intellectual property rights will pass to such party as defined within the Project Initiation Document (PID) or other such design contract.
Moral Rights
Beachhouse retains the moral right to such copyright notice / credit as is reasonable. The Client shall not remove or alter any copyright or other proprietary notice without written consent from Beachhouse.
Confidentiality
We agree to keep the terms of this agreement, and any further information supplied to each other in respect of this agreement or in respect of each other’s business, secret and confidential. In this respect we agree that we will not disclose the information or any part of it to anybody without prior written consent.
Payment Terms
Payment schedules vary depending on the estimated duration of project.
Late payment
Invoice queries or disputes must be raised within 14 days of the invoice date. Additionally charges will be applicable should a reminder and statement be sent out. Should our terms not be met, our invoice will be passed to a debt reclamation agency.
Expenses
We will always endeavour to work within an agreed project fee. Should additional costs be necessary
we will make the Client aware and agree the additional costs. In the event of a project over running or the costs for a particular facet of the project rising beyond the predicted cost, Beachhouse will inform the Client, and suitable compromises will be agreed between both parties. Costs for additional assets will be quoted prior to purchase (such as stock imagery, fonts, props etc.).
Acceptance
If the Client does not notify Beachhouse of non-acceptance within seven days of delivery of the Deliverable, it will be considered accepted. The deliverable will be considered accepted if the Client distributes or uses the deliverable in a ‘live’ environment.
Third-parties
The Client is responsible for the co-ordination of any third parties. All third-parties will be responsible for delivery and testing of their own deliverables. Delays caused by non participation of Client project members or third parties in agreed tasks may result in an increased timeline and costs.
Change requests
If the scope of project changes from the specifications outlined in the PID or Beachhouse is required to provide additional services not described in the Project Initiation Document, such changes will be documented in a change request and may impact timings and costs. The Change request will require sign-off by the Client before work described therein can commence.
Source material
The Client will ensure that all necessary permissions for the use of any source material have been obtained and that the materials contain no defamatory matter and are free of all other legal restrictions and you will indemnify us against any costs and losses incurred by us, our employees or agents in the event of a third party claim against us, or any of the above parties.
Feedback
Every project depends on the close involvement of the Client’s internal teams to provide input, review and approve deliverables, and to be available for presentations and conference calls throughout the engagement. The Client will be responsible for obtaining the necessary involvement of all stakeholders and collating their feedback. If resources booked are not used due to late feedback from the Client, this cost will be added to the project spend and may result in
a chargeable change request.
Archiving
Beachhouse will archive all closed projects as a matter of course.
A project is deemed closed 14 days after the final invoice has been issued. Should a Deliverable or an addition to a closed project be requested, it will be considered a new project and billed accordingly. Clients are advised to keep their own archived copies of supplied deliverables, and to make any relevant internal parties aware of them.