Thank you for your interest in collaborating with Candor Co / Candor London Ltd. It is the policy of our business that a ‘New Business Contract’ is completed before collaboration may proceed. This document sets out our terms of engagement. Please read it and make sure you understand the scope of our engagement. If the terms of our engagement are acceptable, please sign the form and submit to hello@candorco.co
If you do not understand, or wish to discuss, any aspect of the terms of this engagement please send your query to hello@candorco.co
PURPOSE & SCOPE
Candor Co / Candor London Ltd is to provide You/Your Company with the services checked in form at end of document.
Subject to any agreement to the contrary, the scope of work as provided in the estimate, is limited to the above services noted.
The engagement will include the operations and procedures of You/Your Company as detailed below:
Providing all required information and imagery that Candor Co / Candor London Ltd may require to fulfil the task and/or access to documents, links or other contractors.
Arranging any production aspects, such as staff co-ordination and booking of photography space.
Amendment, feedback and approval in a timely fashion and as per the agreed deadlines of the estimates and briefs.
Any excess funding or purchasing of additional assets required to complete a project (equipment hire, imagery, fonts, subscriptions etc). These occur in addition to the estimated price which is based on Candor London Ltd’s total hours required to fully deliver the items of a brief.
RESPONSIBILITIES
Candor Co / Candor London Ltd will ensure that all products/services are provided in accordance with the agreed time frame (as noted on briefing contract or otherwise stated in correspondence between Candor London Ltd and You/Your Company) and to a professional standard.
You/Your Company; The Client, is required to arrange reasonable access for Candor Co / Candor London Ltd to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied. Delivery dates for such documents and information, as well as amendments, approvals and sign-offs are required to be met by The Client as agreed. Failure to do so may result in the charging of overtime operations (related to hours required in addition to the estimate provided at the project’s commencement) at an overtime hourly rate of £90GBP/hr +VAT (U.K. clients) OR $150AUD/hr +GST (AU clients) in order to meet the agreed final deadline and/or revised timings to ensure completion of project.
PERIOD OF ENGAGEMENT
This engagement will start upon signed acceptance of the terms of engagement by You/Your Company as noted by execution of this letter and will conclude upon full packaged delivery of final approved artwork.
ESTIMATED PRICING
Unless otherwise stated in writing, any estimates provided to you of anticipated fees, disbursements and charges for any creative, marketing or communication services are indicative of the amount that may be charged. Estimates are not quotes and are not binding upon Candor Co / Candor London Ltd. The purpose of the estimate is to establish and define scope and items to be delivered as part of the brief. If The Client changes the scope of the project, Candor Co / Candor London Ltd will notify The Client of change in scope and may then choose to accept or decline the new scope based on what are workable timings and/or the capacity to fulfil the request.
PROFESSIONAL FEES
The estimate is based on the anticipated amount of time as well as the skill level of staff required to complete all services at the respective hourly rates or packaged fees. Estimates that have been provided for specific services will provide adequate detail of all time, allocated staff requirements and rates. In the event that circumstances of the services to be provided change from the original estimate, a new arrangement between Candor Co / Candor London Ltd and The Client will be supplied and agreed upon before any further work is undertaken.
Any amendments during the course of a project, provided by The Client, must be aligned with the original brief to Candor Co / Candor London Ltd and part of the agreed scope, approach and direction. Any changes that do not correlate to that agreement or add additional deliverables to the final product are deemed out of scope and a new estimate of time and costs must be established before the project may proceed.
The final invoice fee will be charged in GBP or AUD (based on your location) and is the sum total of hours worked in order to complete the project as well as any additional costs incurred such as, but not limited to, equipment hire, fonts, imagery and/or subscription packages (e.g. digital services for The Client - website/email/paid advertising/social media accounts). The Client will be informed of any additional costs and must agree to their price before Candor Co / Candor London Ltd may purchase or sign up to any agreements on The Client’s behalf. It is not the responsibility of Candor Co / Candor London Ltd to incur the cost of additional items in order to fulfil a project deliverable. The Candor Co / Candor London Ltd fee is solely charged for staff hours required to complete a project.
As part of the estimate and final invoice, Candor Co / Candor London Ltd will dedicate 10% of the total billing to a social project or charity affiliated with Candor Co / Candor London Ltd. This percentage donation is non negotiable/non-refundable to The Client and is a strict term of trade, with ownership by Candor Co / Candor London Ltd.
TERMINATION
Either party may terminate the contract at any time through written request. Change of mind and/or termination by The Client at any point in a project’s duration will result in either:
A) a new approach, and thus an increase in costs for full delivery to be completed, OR
B) a discontinuation of the project, whereby The Client will be charged in full for hours worked up to the date of written termination.
If The Client wishes to cease work on the project, a final invoice of total hours worked as well as any agreed additional costs incurred up to the date of written termination, will be charged by Candor Co / Candor London Ltd and is to be paid in full by The Client strictly within 7 working days of the final invoice issue date. Failure to do so will result in overdue fees at a daily rate, calculated at 8 hours per day at the hourly rate of the estimate.
RIGHTS & PROPRIETARY
Candor Co / Candor London Ltd and Artist/s Right to Authorship Credit. Candor Co / Candor London Ltd and/or contracted Artist/s may use the work and feature it on their website and/or portfolio (including, but not limited to, any website that also displays Candor Co / Candor London Ltd and/or Artist/s work). If The Client does not wish to grant permission to showcase said work, they must notify Candor Co / Candor London Ltd in writing and will incur a 35% surcharge to the cost of the final invoice, added as compensation. The Client and Candor Co / Candor London Ltd, plus contracted Artists all agree that when asked proper identification of Candor Co / Candor London Ltd as the creator of the work must be stated. The Client does not have a proactive duty to display Candor Co / Candor London Ltd by name together with the work, but The Client may not seek to mislead others that the work was created by anyone other than Candor Co / Candor London Ltd.
Supplied artwork upon project completion includes only the final, deliverable packaged art, and not any preliminary concepts, work or sketches. If a proposal, presentation or concept has been submitted, it has been distributed to you on a confidential basis for your information only. By accepting it, you agree not to disseminate it to any other person or entity in any manner and not to use the information for any purpose other than considering opportunities for a cooperative business relationship with Candor Co / Candor London Ltd.
The proposal, presentation or concepts are the property of Candor Co / Candor London Ltd. No part of these documents, including all original concepts and ideas contained therein, may be reproduced or transmitted in any form, or by any means, electronic or mechanical, for any purpose without the express written permission of Candor Co / Candor London Ltd and a fee for use may be established. If you wish to use any of the original proposals, presentations or concepts and ideas provided by Candor Co / Candor London Ltd therein, you will first offer to engage Candor Co / Candor London Ltd to execute the applicable proposal on commercially reasonable terms before offering the project to any other third party.
CONFIDENTIALITY
In conducting this engagement, information acquired by Candor Co / Candor London Ltd in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by Candor Co / Candor London Ltd to other parties except contractors engaged by Candor Co / Candor London Ltd for the purpose of the project, as required or allowed for by law, or with your express consent.
TERMS OF TRADE
The terms of payment are strictly 7 business days from final invoice issue date. An itemised account of all charges, costs and disbursements will be provided on the invoice. Accounts overdue past 7 business days from the date of final invoice may incur daily overdue fees. These fees will be equivalent to the agreed Candor Co / Candor London Ltd daily rate card at the time of the project, at a maximum of 8 hours per day. If any fees of collection are incurred by Candor Co / Candor London Ltd, such as legal fees and collection agency fees etc., You/Your Company; The Client agree to indemnify us for all such costs. Terms of trade must be agreed upon prior to commencement of sales transactions between Candor Co / Candor London Ltd and You/Your Company.
Once you are satisfied with the terms of our engagement, please fill out the form below and press submit. You may also wish to print a copy of these terms for your records.
Thank you for this opportunity to provide our services to you and your business.
We are excited by what’s to come and greatly look forward to collaborating with you.
Jules Zogbi
Director
© Candor Co / Candor London Ltd 2020