Acceptance of quotation and payment of advance will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.
1) All costs provided exclude GST where applicable and are valid for thirty days from the date of the quotation. GST will be broken down separately in the quote and total cost to client will be mentioned.
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, meeting deadlines and approval. 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 significantly from those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.
3) No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum advance of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that Tplusplus is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
4) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of logo, delivery of printed items, deployment of website, sending of shot etc): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
5) If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.
6) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
7) Any printing, fulfillment, mailing or third-party services that are provided by the Tplusplus 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 Tplusplus and may in some cases be as much as 100%). Please note that Tplusplus will be unable to proceed to this stage without receipt of proof of this payment.
8) Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.
9) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by Tplusplus is subject to options chosen and client co-operation in provision of information, resource (logos, images etc) and approval. Tplusplus 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. Time lines provided are estimated but Tplusplus 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 (acts of God).
10) Fees provided allow for presentation of a minimum of two creative options 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, Tplusplus will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, Tplusplus reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
11) Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
12) At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until Tplusplus 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.
13) Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between Tplusplus and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
14) Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel, postage etc.
15) Unless otherwise agreed in writing, our fees exclude: VAT/GST where applicable; stock library images, photography or video outside of our in-house resources; bespoke illustration; copywriting; website hosting or backups; translation services; travel and accommodation outside of Mumbai; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.
16) It is assumed that unless otherwise stated, most copy and images will be provided by the client, although Tplusplus will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process.
17) Tplusplus recommends that clients use our preferred suppliers for software and digital services. Any variation should be agreed in writing and may incur additional costs.
18) 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 Tplusplus. Proprietary code will be subject to additional licenses and Tplusplus is not required to share or distribute any code used for technical solutions with the client. Full copyright and ownership of all ‘commissioned’ work will reside with Tplusplus until full payment has been received, at which point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, code, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and Tplusplus’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
19) Tplusplus will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. 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 ‘Office of the Registrar of Trademarks’ http://www.ipindia.nic.in/trade-marks.htm if required. Clients in coutries outside of India may apply to thier own respective trademark/copyright registrations offices.
20) If requested, Tplusplus will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file etc). However the agency does not by default (and possibly without further charge) provide clients with original artwork or code (for example an InDesign file, layered Photoshop file, HTML source file, Javascript file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Tplusplus for non-exclusive future use.
21) Tplusplus 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.
22) The client agrees to indemnify Tplusplus and keep Tplusplus indemnified and hold Tplusplus harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Tplusplus is not liable for any loss that may occur before, during or after the development of projects undertaken. Tplusplus will not be held responsible for any delays, errors or losses arising from any third party.
23) The client agrees to alert Tplusplus in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. Tplusplus will not be liable for any claims made after this period.
24) 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).
25) Tplusplus offers a temporary web hosting service to host the websites for approval purposes only and are not representative of final performance of the site on client hosted services.
26) Appropriate credit and acknowledgment for work produced by the agency should be attributed to Tplusplus where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the Tpluysplus’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
27) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Tplusplus 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.