Lustosa Marketing is pleased to set out its Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Lustosa’s services.
- LUSTOSA’s Role:
1.1. The Services: Lustosa Marketing will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, we will seek to discuss it with you at the earliest opportunity to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary.
Authors Corrections. Unless specified in the Quote/Proposal, we include 3 rounds of changes on all items following the presentation of an initial concept. Revisions briefed thereafter will be charged according to Lustosa’s standard hourly rate card.
1.2. Information: To maximise Lustosa’s effectiveness we must work with you as a team. Often Lustosa’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, we will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Incidentals: Couriers or printed proofs from external printers if required, to be charged to the client.
1.4. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.
1.5. Force Majeure: Lustosa Marketing shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside our reasonable control.
- Payment Terms:
2.1. Payment Terms: Invoices shall be settled by bank transfer into Lustosa’s nominated bank account within 7 days of the date on the invoice unless agreed otherwise. Lustosa Marketing retains ownership of all work until full payment has been made.
2.2. Other Specialist Services: our estimate is exclusive of third-party costs such as printing, advertising costs, etc unless otherwise included in the estimate. We may, unless you instruct us otherwise, seek such specialist services in areas outside our expertise. The costs of such services will be passed on to and will be quoted according.
- Scoping:
3.1. In most cases, Lustosa Marketing will provide a scoping document that details the functionality of the work we do for our clients, this includes but is not limited to a website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4. Content:
4.1. Content and Images: It is your responsibility to provide us with the required information about your business and marketing objectives. Lustosa Marketing takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied in jpeg, gif, tif, png or psd format. Failure to supply material in an easily accessible format may result in additional costs being incurred.
4.2. Information for charts, graphs, and infographics to be supplied in a format that is easy to edit. If we are required to redo large amounts of content, then additional costs may be incurred.
4.3. Client-supplied images should always be high-res images at 300DPI for print purposes. If they are solely for use on the web, then lower-resolution images are acceptable. Lustosa Marketing will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been permitted to use these images.
4.5. You grant Lustosa permission to utilise logos and any other company identity to create the project. You agree to indemnify Lustosa Marketing from any claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
- Confidentiality:
5.1. Confidentiality: Save as required by law, Lustosa Marketing will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Lustosa may, however, disclose your documents and affairs to:
(i) such of your other service providers as you inform Lustosa Marketing are involved in any assignment on which we are instructed;
(ii) Lustosa’s affiliates or related parties; and
(iii) any other service provider to whom Lustosa Marketing may properly delegate aspects of any assignment to provide a full range of services to you.
- Intellectual Property:
6.1. Freedom to use Ideas and IP: Lustosa Marketing may develop or use for other clients any ideas, concepts, source code, information or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Lustosa, shall, upon you paying Lustosa Marketing in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Lustosa Marketing or third parties engaged or employed by Lustosa Marketing.
6.3. Portfolio Rights. Lustosa Marketing retains the right to showcase your project on its website and design portfolio for the sole purpose of promoting our work.
6.4. Working Files and Copyright. Lustosa Marketing owns the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied with working files, then this needs to be requested and we will supply a quote for this release.
7. Indemnity:
7.1. All services may be used for lawful purposes only. You agree to indemnify and hold Lustosa Marketing harmless from any claims resulting from your use of our service that damage you or any other party.
8. Liability:
8.1. Our total liability to you in contract or tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
- Variation:
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.