Validity
Providing that no program changes are required, and unless agreed to otherwise in writing, this Proposal is valid for 30 days from date of issue beyond which prices and timeline may be subject to change. Kansept Media reserves right to correct without penalty or charge any errors or omissions associated with the proposal. If a Timeline has been submitted, it shall move proportionately to date of final Agreement Signing.
Schedules & Costs
This proposal states that schedules, targets and workflow mapping etc. are to be refined in consultation with the Client; time and cost estimates may undergo revision as a result of new information and/or knowledge gain. Every effort shall be made to adhere to the final schedule and its milestones but Kansept Media shall not be held liable for default thereon. Kansept Media shall keep record of hours spent. Additional hours required above and beyond the estimate shall be billed to the client at the basic standard ($55.00/man hr.) and added to the final invoice. The Client shall be responsible to provide their deliverables (decisions, specifications, instructions, etc.) in timely fashion or, again, the timeline may be affected.
Revisions
Client initiated Revisions are subject to additional fees charged at the standard basic rate. Prior to commencing Revisions, the Contractor shall draw up and submit to the Client a ‘Change Order Requisition’ for clarification and signature. Revisions may affect the timeline.
Billing & Payment Schedule
Kansept Media proposes that Design Fees shall be billed in the following manner:
Invoice 1 (30%-50% retainer/deposit) issued upon Agreement signing; Invoice 2 (final 50% + extras) shall be issued upon project completion. Invoices are due and payable upon receipt. Fees so far collected including Retainer Fees are non-refundable. Work is constituted complete upon delivery and/or presentation to the Client. The Client's right to use the Work is conditioned to the receipt of full payment. All payments should be made to Kansept Media. Taxes, Duties, Handling and/or Shipping Charges are not included in the quoted price.
Early Termination
The Client is entitled to terminate this project in writing at any time, but shall be responsible to compensate Contractor for time spent current to the date of termination, including additionally then, all relevant Taxes, outstanding Travel Expenses, Trades & Suppliers Purchases and Disbursements, up to and including the date of termination.
Overdue Accounts
All overdue accounts are subject to an accrued compounding penalty fee of 5% per month. Further, all Intellectual Property developed by Kansept Media shall remain the property of Kansept Media until all accounts are current.
Liability
Kansept Media does not provide any warranties for the design work provided. Kansept Media shall not knowingly infringe on any patents, trademarks or copyrights. The Client’s legal responsibility shall extend to defend, indemnify and hold harmless the Contractor from any prosecutions or suits arising from the Program at hand. The Client shall further defend, indemnify and hold the Contractor harmless from any costs or expenses (including legal fees) that are with respect to claims resulting from actual or alleged infringements, errors or omissions. Responsibility for errors by Kansept Media is limited to replacing the incorrect work to meet original specifications. All claims must be made within ten days of project completion.
Disbursements
Disbursements can include, but are not limited to: Out of Pocket Transportation and Accommodation Costs, Couriers and Shipping, Misc. Expenses (Long Distance Telephone Calls, Facsimile Transmissions, Colour Prints, B&W Copies, Binding, Plotters, Blueprints, Film Development, etc.), material and hardware purchases etc. All essential project disbursements will be submitted to the Client with receipt and shall be payable upon invoice.
Trades & Suppliers Guarantee of Payment
The client shall be responsible for all credit arrangements pertaining to authorized goods and services required from 3rd party suppliers. They shall also be responsible for payment of all such items, and invoices are to be billed directly to the client. In the event that a Trade or Supplier takes Dispute with an Overdue Account, the Client shall defend the Contractor from financial responsibility or harm of any kind arising out of such a dispute.
Travel
If out of town travel on the part of the contractor becomes necessary all attendant expenses and applicable taxes shall be pre-paid by the Client in the form of a travel allowance and reconciled for final payment according to receipts submitted.
Disputes
Should a dispute arise over Contractor’s Invoice or Service, the Client shall notify the Contractor in writing within ten days via signed receipt delivery so that Contractor can address the same. All disputes should be sent to the address as specified here:
By email:
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By courier to: #100, 15157 56 Ave. PO Box 39003 Surrey, BC V3S 9A7
Currency
Except if otherwise indicated, references to currency amounts are to the lawful currency of Canada.
HST / Taxes
All goods and services provided by Kansept Media are subject to Canadian sales taxes as required by law.
Intellectual Property (I.P.)
Kansept Media shall have rights to showcase work that has been publicly released for portfolio, marketing and promotional purposes.