12South Music Terms of Service
1) All costs given exclude value-added tax (VAT) where applicable and are valid for thirty days from the date of the accepted proposal.
2) The costs provided when quoting are guide prices based upon what we anticipate the creative, time, and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content (assets, deposits, etc.), meeting deadlines, and various approvals throughout the design and development stages. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
3) No creative or development work will commence until 12South Music has received written approval of the proposal (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This guarantees that 12South Music is fully equipped to provide the highest levels of service and expertise, from project inception through to completion.
4) Unless otherwise agreed in writing, the balance of payment will be due in full upon 12South Music’s completion of the project. This time will not always coincide directly with the launch date. Failure to pay in full may result in the withholding of your product.
6) Any third-party services that are provided by 12South Music will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the 12South Music and may in some cases be as much as 100%). Please note that 12South Music will be unable to proceed to this stage without receipt of or proof of this payment.
7) Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note, numbers 3 and 4 above explain how this could have an impact on time scales.
8) Your project will commence according to our stipulated timeline in accordance with our queue, unless otherwise specified in writing. Any anticipated completion date provided by 12South Music is subject to options chosen and client co-operation in provision of information, resource (logos, images etc) and approval. 12South Music will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided are estimated but 12South Music will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (act of God).
9) Costs provided allow for presentation of a minimum of two design mockups per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, 12South Music will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, 12South Music reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
10) Costs provided allow for a maximum of three rounds of design mockups with client amends, after which time additional charges may become payable, although the client would be made aware of this in advance.
11) At the end of each stage of the process (initial deposit and asset collection, design phase, development phase, and launch) the client will need to ‘sign-off’ their approval by email. We will provide easily accessible signature forms sent via email. No further development can be undertaken until 12South Music is in receipt of written approval confirmation. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
12) Costs provided allow for occasional meetings at key stages for a reasonable length of time between 12South Music and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
15) It is assumed that unless otherwise stated, most images will be provided by the client, although 12South Music will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. 12South Music is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required.
19) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of 12South Music. Full copyright and ownership of all ‘commissioned’ work will reside with 12South Music until full payment has been received, at which point 12South Music will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and 12South Music’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
20) 12South Music will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to 12South Music. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘US Intellectual Property Office’ if required.
22) 12South Music will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.
23) The client agrees to indemnify 12South Music and keep 12South Music indemnified and hold 12South Music harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. 12South Music is not liable for any loss that may occur before, during or after the development of projects undertaken. 12South Music will not be held responsible for any delays, errors or losses arising from any third party.
24) The client agrees to alert 12South Music in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. 12South Music will not be liable for any claims made after this period.
25) For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
26) 12South Music offers a web hosting service to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, 12South Music is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. 12South Music makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall 12South Music, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers.
27) Appropriate credit and acknowledgment for work produced by 12South Music should be attributed to 12South Music where possible and may be referenced for 12South Music’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
28) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. 12South Music reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.