Terms of Business

The following terms and conditions will apply to the agreement and any future work carried out by Creative Engine Jamaica received from the client. A request from the client for services from Creative Engine Jamaica will result in the client’s acceptance of these terms and conditions.

All copyright or other intellectual property rights in any materials will remain the property of Creative Engine Jamaica until receipt of all payments due for work carried out are received. Upon receipt of all due payments the copyright and all other intellectual property rights excluding stock photography will be passed to the client.

Creative Engine Jamaica will retain all moral rights to all copyright notices, and unless stated in writing the client will allow Creative Engine Jamaica to display work on their portfolio either online or in hard copy to prospective clients. For all web work the client agrees that Creative Engine Jamaica may display a small text link on the website to the Creative Engine Jamaica website.

Creative Engine Jamaica’s Obligations

Creative Engine Jamaica will use its reasonable care and skill in the production of any works carried out on behalf of their client and supply them with works as to the original request.

The Client’s Obligations

The client will take care in ensuring the original specification is as comprehensive and detailed as possible and communication with all involved parties is prompt. Also, payments are paid in full within 15 days of the invoice being issued.

Payment

Unless agreed in writing invoices will be paid in two parts. 50% on sign-off as a deposit and then the final 50% upon project completion. Creative Engine Jamaica reserves the right to delay any agreed project start date if the initial payment is delayed. All invoices should be paid within 15 days of the invoice date.

All expenses that occur in relation to a project including but limited to, travel, accommodation, printing and legal fees will be billed in addition to the project. Creative Engine Jamaica will do its utmost to keep these expenses to a minimum if applicable.

Any work which is delivered to the client from Creative Engine Jamaica will be deemed signed off if the client does not respond within 10 working days of delivery.

The client is responsible for coordinating any third parties involved in the production of the project. Any delays incurred due to third parties may result in increased delivery times and costs.

If the scope of the project changes during the project life-cycle from the original specification outlined in the signed proposal such as additional functionality or design changes then such changes will be documented and may impact on delivery times and cost.

All projects undertaken by Creative Engine Jamaica rely heavily on the client’s staff and investors to, review and approve delivery of work and to be available for frequent meetings, telephone calls or email correspondence. The client is responsible for the prompt responses required by these parties. Failure to do so may result in increased delivery times and cost.

Approvals

For the design stage of the project the client has a maximum of 3 rounds of changes for amends to the initial design. Creative Engine Jamaica reserves the right to invoice for any additional rounds of changes after this at the current hourly rate. Additional amends may result in increased delivery times.

Approval given by the client either by email, or verbal communication of final copy, layouts, scripts, storyboards, designs and all applicable amendments will provide authority to Creative Engine Jamaica to carry out the work and invoice for the payment as agreed.

Upon final delivery of a project the client has a maximum of 14 days to notify Creative Engine Jamaica of any design, development and copy errors. These changes will be carried out by Creative Engine Jamaica free of charge if they come under the initial agreed project specification.Creative Engine Jamaica  reserves the right to charge for any amendments outside the initial agreed specification. This will be judged on a per project basis.

Delivery

Upon completion of a client’s project, Creative Engine Jamaica will invoice for the final payment. Creative Engine Jamaica will then upload or send the project to the clients desired location.

If the client wishes to have the project delivered onto a service such as web hosting that is not provided by Creative Engine Jamaica then the client is responsible for providing a suitable platform in which to deliver to project to. Any additional costs incurred from third parties to enable the delivery of the project will be the sole responsibility of the client.

Termination

Either party may terminate the contractual agreement in place between Creative Engine Jamaica and the client at any time upon the receipt of written confirmation.

Once the contract is concluded as provided on these terms and conditions, any subsequent cancellation by the client will result in the client being liable for cost incurred to date as if the cancellation had not taken place. Creative Engine Jamaica will not be liable for any third party costs incurred to the client from termination within its existing contractual commitments to its suppliers.

Confidential Information

Neither party shall divulge any confidential information which is supplied to it about the other party in the course of this document or any pre-agreement discussions other than information forming part of the public domain. When required by the client, Creative Engine Jamaica will sign an NDA (Non Disclosure Agreement). Normal terms apply under this agreement.