TR DESIGN TERMS AND CONDITIONS
Updated January 1, 2019
Full payment of TR Design invoices is due within 30 days of the invoice date. Late fees and interest charges will be applied to overdue invoices as follows. A one-time late fee of $100 fee for invoices past 30 days and 1.5% per-month compounded interest on all amounts due past 30 days
Payment of invoices can be made by check, by wire transfer or by ACH transfer into TR Design’s bank account. Arrangements with TR Design Accounts Receivable should be completed before any work is initiated. TR Design does not accept payment by credit card.
TR Design will adhere to the client’s policies regarding authorization to perform work. It should be made clear at the outset of the working agreement what form is required by the company (i.e. signed estimate, purchase order, etc.)
Depending upon the scope of work, our financial agreement will take one of three forms — a Project Proposal, a Simple Estimate or an Open Purchase Order. Often in servicing our clients, more than one form of agreement may be necessary.
1. Project Proposal
For strategic assignments, or projects that are larger in scope, a Project Proposal will be provided which will define the scope of work, objectives, tactics, schedule, costs and payment terms. Project Proposals often include a payment schedule that includes an up-front payment to initiate work, and progress payments, all which will be defined within the proposal. The proposal price will not change unless the scope of work changes. In that event, a Change Order will be provided which describes the changes along with the associated costs. Work will continue once that Change Order has been approved by the client.
2. Simple Estimate
For tactical assignments that are more simply described, a Simple Estimate will be provided. As long as the project description does not change, the estimated amount is the amount the client will be invoiced.
3. Open Purchase Order
In TR Design’s service to its clients, it is often advantageous to maintain an Open Purchase Order which provides a means to perform smaller tasks without the need of a Project Estimate. Should the client agree to maintain an Open Purchase order, the client and TR Design will agree to a not-to-exceed amount, generally $1,000-2,000 per-month. If a P.O. is required by the client, it will be issued by the client for that month, or for a period of multiple months. TR Design will open a project in its system, for example: “Account Time-January 2019” or “Social Media Management-January 2019”. As work is performed, TR Design will track its time and provide an itemized invoice at month-end. If at any time during the month, the client requests work which will cause TR Design to exceed the monthly allowance, the client will be notified and given the choice to over-spend that month’s budget, or to hold off on additional work until the following month.
Changes in the scope of work that occur after a project has been initiated may incur additional fees or costs. If this occurs, TR Design will provide a written Change Order that describes the changes in scope and provide anticipated additional costs. A client’s signature on the Change Order will be required to implement the changes.
Either the client, or TR Design may terminate a project at any time, for any reason. The client will be responsible for fees and costs that have been incurred up to the date of termination.
COPYRIGHTS AND LICENSES
By law, the copyright for any material remains with the creator unless those rights have been transferred to the buyer as part of the agreement. TR Design will transfer the copyright of all of its creative work to the client upon payment in full. However, TR Design’s work may include works whose copyright is owned by others. Professional photographers’ and illustrators’ policies regarding the use of their images can vary. TR Design generally contracts with artists who are willing to grant our client full and unrestricted reproduction rights for their work. Should any original work be contracted by TR Design for the client, TR Design will negotiate the terms for the client and specify those terms on its invoice.
• Rights-Managed Stock Artwork
Rights-managed stock photography or illustration is artwork where use of the artwork is managed on a case-by-case basis. It is generally higher-quality or its subject or style is something that would not be available as a Royalty-Free image. The cost to reproduce the image are determined by the stock agency and are based on numerous factors, including size of image, print quantity and intended use of the image (i.e. cover, advertising, web, etc.). The cost to reproduce a copyrighted image is determined by a number of factors, how large it will be used, where it will be used, the number of times it will be used, etc.
• Royalty-Free Stock Artwork
Royalty-free photography and illustration is artwork that the creator has sold its copyright to a stock agency and that agency resells the copyright for a low fee. TR Design attempts to work with royalty-free imagery whenever possible to avoid any questions of copyright for the client.
Type fonts are licensed software and as such, are subject to copyright law. TR Design purchases fonts from licensed resellers, and is bound by the licensing agreements included with the fonts. TR Design can lend fonts to a service provider (i.e. printer, graphics printer, etc.) for the purposes of producing a particular project, however that provider is required to remove the fonts from its systems upon completion of the project. TR Design is not allowed to give, or sell fonts to clients.
TR Design will release ownership of all electronic files to the client upon payment in full for the project. We will maintain the electronic files on our archives for a reasonable period of time, unless otherwise agreed. Electronic files prepared by TR Design may contain artwork which is subject to copyright law (see above).
CONFLICT OF INTEREST
At TR Design we adhere to very high standards regarding conflicts of interest. We value our relationships with our clients and are dedicated to helping them succeed. Should a prospective client pose a potential conflict, we will discuss the matter with our existing client to determine whether or not it’s feasible to work with both companies.
The printing of projects may be handled in one of two ways. TR Design purchases and manages the printing or the client purchases and manages the printing. The company that contracts with the printer assumes all financial responsibility for the printing and is ultimately responsible for the quality, accuracy and timely delivery of the printed product.
If TR Design Manages Printing
TR Design will use its resources and manage all aspects of the printing process including estimating, scheduling, proof reviews and on-press approvals. TR Design will be responsible for the quality and timely delivery of the final printed materials.
If the Client Manages Printing
If the client chooses to contract directly with the printer, the client will be responsible for the quality and timely delivery of the final printed materials. TR Design cannot be held financially liable for projects if the client has purchased the printing. TR Design may be retained to assist in the print process in an advisory capacity. In such event, TR Design can review proofs and accompany the client to the printer for on-press approvals. However, TR Design cannot attend a press approval without the client being present, and cannot approve a press sheet as financial responsibility for the printing remains with the client.
When reprinting, copyrights for artwork contained within the project must be adhered to. If TR Design purchased the original printing, we will ensure that all copyrights are honored on any subsequent reprints. If the client purchases the printing, it is their responsibility to ensure the lawful reproduction of any copyrighted materials.
A Word of Caution
One of the most difficult challenges TR Design faces is to work with printers who have been chosen by our client simply because they were the lowest price, without regard to their technical capabilities. This can be a recipe for disaster. We take extensive measures and have elaborate quality control systems in place to ensure that our files are prepared properly for professional, commercial printers. If your printer is not up to the task, you will likely be left with the printer pointing his finger at the designer and the designer pointing back at the printer with you in the middle. We strongly encourage clients to let TR Design manage the printing of its designs.
As a Massachusetts corporation, TR Design’s creative services are not taxable, but other deliverables may be subject to current sales tax laws in effect.