1. Working Method
A project proposal including fee quotation will be submitted at the beginning of the project to establish the scale of the project. Brandink will update its quotations following changes to the project brief, or after each stage of the project has been completed.
At the start of each stage of the project you will receive a project report in which you will find an exact description of the activities you requested and a quotation of the costs involved.
If you do not respond to the project report within 48 hours, we assume you have agreed to the proposition and Brandink will start the activities as stated in the project report. Fee quotations are firm for three months from the date of the proposal, and are exclusive of VAT at the applicable rate, which is payable by the client.
The fee quotation allows for a reasonable number of briefing discussions and presentation meetings. If extra meetings are called for, then a supplementary charge may be made.
In addition to fees, the client will be responsible for reimbursing purchases and out of pocket expenses including travel and accommodation (outside of Dublin), FTP services and courier services.
Unless other arrangements are agreed, one half of the fee for each phase of work shall become due on starting the project. Thereafter invoices will be sent at the end of each stage. The client agrees to settle accounts within 30 days of the date of invoice. Overdue accounts are subject to a discretionary interest charge of 2% per month calculated from the due date of payment to the actual date of payment. Confidentiality before, during and after our working relationship, Brandink will hold in strict confidence the terms of any brief and any information of a confidential nature that may be made available to it.
During the continuance of the project, Brandink will not provide services to any third party in connection with the products which compete directly with the products to which this project relates.
The client agrees to give Brandink acknowledgement, where appropriate, in all initial press handouts and publicity material and agrees to an announcement of Brandink‘s appointment as Design Consultants.
The copyright in all concepts and designs will remain BRANDINK’s property until proof of transfer has been given in the format as described below. Certain elements that have been used such as illustrations and photography (this summing up is not limited) can contain copyrights which belong for the time being to third parties. In addition Royalty Free Images (RFI’s) might have been used in designs. The transfer of Copyrights and usage rights is exclusively related to designs which have been delivered by BRANDINK in final art format and with the intention to be reproduced (like final artwork, master trannies of photography, final illustrations) and of which the payment in full of all invoices and fees related to that project have been received.
Copyrights have been transferred if and when a signed document per artwork has been filed. Such a document will be issued upon receipt of earlier mentioned amounts due. This document has the possibility to mark elements of which copyrights are not transferred. The only reason for these exceptions are the fact that Brandink does not own the copyrights.
Brandink practices in addition the following policy:
- RFI’s are marked as such on the copyright form. In addition it will be indicated whether or not a RFI is restricted to one or more fields of application (such as packaging)
- In case stock materials or other elements - of which copyrights have not been bought by Brandink from third parties or intermediaries - are used in final documents - it is a Brandink practice to bring client in contact with the concerned third party to negotiate a separate contract on copyright transfer and/or rights of usage.
- Brandink is responsible to indicate at the moment of the briefing for the final artwork –and on any earlier moment on request – the status related to copyrights and usage rights by means of an unsigned preliminary copyright form.
10. Manufacturers & Suppliers
Although reasonable care will be taken when recommending manufacturers and suppliers, responsibility cannot be accepted for any product failure or consequent losses.
Whilst Brandink will take all reasonable care, final responsibility for implementing recommendations, artworks and proofs rests with the client.
Brandink will not be liable for any loss arising by reason of its default.
Whilst every effort will be made to carry out the commission, its performance is subject to cancellation or to such variation as Brandink may find necessary due to any cause outside its reasonable control. Brandink shall not be liable and gives no warranty with regard to the use of names, trademarks, copyright or registered designs, as it is for the client to satisfy themselves that all necessary rights, licences or consents have been obtained in respect of the work carried out and that all legal requirements have been complied with.