Terms and Conditions - Retainer

It’s important to me to keep these terms and conditions clear and concise so we both fully understand the agreement and achieve the best possible working relationship. If you have any questions relating to these terms and conditions, I will be happy to answer them!

 

What are we agreeing to?

You: You have the authority to enter into this retainer on behalf of yourself (if you are a sole trader), your company or your organisation. You’ll give me everything I need to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner. You also agree to stick to the payment schedule that we agree upon.

Me: I have the experience and ability to do everything I’ve agreed to do for you and I’ll do it in a professional and timely manner. If I think use of additional or alternative expertise would be in your best interest, I will tell you this. I’ll endeavour to meet every deadline that’s set and maintain the confidentiality of everything you give me.

Retainer Specifics:

This monthly retainer provides ongoing support at a reduced rate up to the number of hours we have agreed upon. You will pay the monthly retainer fee at the end of every month. I will invoice you with a separate bill with any additionally agreed charges(to be paid within 10 days); payment is due according to the payment schedule in the previous section of this contract. I will provide you with a breakdown of activities I have completed on your behalf shown in 30 (thirty) minute increments.

If payment is not received by the agreed payment date then any work for the subsequent month will be billed at the full hourly rate, and money received will be applied accordingly.

A maximum of 25% of your unused hours can be carried over to the next month (e.g. if you have 10 unused hours, 2.5 can be carried over) - these hours are considered only for the next month and cannot be stacked in the following months.

I will endeavour to start any work needed as soon as possible, but I ask for a lead time of at least 48 hours for any piece of work over an estimated time of 1 hours you wish me to carry out. If a project is needed in a rush, out of office hours or on weekends or holidays you may be subject to a 25% surcharge, which will be billed separately.

We will have a review of these arrangements at a regular interval, with the frequency to be agreed between us.

Additional Work:

If you need additional work doing beyond the scope of this agreement, it will require separate negotiations and a separate agreement. I will let you know as soon as possible if the work proposed will take you beyond the retained hours and will provide a separate estimate.

If you wish to use your retained hours for any additional work, any hours past the retained hours will be billed at a full hourly cost, with payment due upon receipt of your invoice.

Responsibilities:

It’s important we approach each project with professionalism, mutual respect, courtesy and consideration. I understand that your company has driving business needs and will endeavour to support you in these. You understand that I am not an employee, but a self employed professional.

Due to the nature of the relationship, communication is key and I agree to respond to any emails or phone calls as quickly as possible.

I want to provide the highest quality of work possible. This will require good planning and a clear brief from you, and your availability to provide any additional clarification I may need in order to best serve your wishes.

You will be responsible for final proofing and accuracy of the project.

Communication and Office Hours:

My office hours are Monday through Friday 9.30am to 5.30pm (GMT).

I understand that communication is key to a successful project, so I will not typically bill you for phone calls under ten minutes or short email conversations. However, we both need to respect each other’s time, so any in-depth conversations or phone meetings should be prescheduled in order to get the most from them. Cancellation requires at least 24 hours notice, and if you don’t provide sufficient notice I may have to bill the time for that meeting.

If I am away or unable to provide work for a period of more than 5 consecutive working days in a month and it affects my ability to complete the requisite number of hours for that month, I will send a revised estimate for that month on a pro-rata basis.

Content:

You will provide all necessary storyboards, style choices, project images, videos, fonts etc. for any projects. Any preliminary or planning work from me will be billed. This includes discussions pertaining to the content or style of the project, animatics, storyboards, as well as research to create mood boards (these can include animated or video references). You are responsible for making sure all information provided is accurate and comprehensive for the completion of the project.

Ideally all text copy, images and videos will be provided, but in the case that I am required to provide these the time needed to do so will count towards your allotted retainer hours for the month.

Changes and revisions:

I know it’s important to keep projects open to changes to ensure the best possible outcome. At the outset to every project I will provide an estimate of the time needed and any extra charges that may be incurred, but if you change your mind or want to add anything new I’ll provide a new estimate for the remaining work. All work up to that point will be billed according to the original estimate.

Expenses:

The retainer costs include routine running costs of my office. If there are any additional expenses related to your project they will be billed separately. I will make you aware of any additional expenses that will be need to be incurred at the earliest possible time so that you can decide on the course of action to take. These may include any additional programs or plugins required by me, stock images or videos, travel costs, long distance telephone charges, and any postal charges required.

Delivery: 

It will be assumed unless otherwise discussed that all deliverables will be sent via email or a file-hosting service, at no cost to you. If physical delivery is needed for anything, you will be responsible for all charges, which will be separately billed.

Copyright:

It’s up to you to guarantee that all elements of text, images or other artwork you provide are owned by yourselves, or that you’ve got permission to use them.

When your final payment has cleared, copyright will be automatically assumed as follows:

You’ll own the visual elements that I create for this project. I’ll give you final files in the requested formats and you should keep them somewhere safe as I’m not required to keep a copy. You own all text, images and data provided, unless someone else owns them.

I’ll own the unique combination of these elements that constitutes a complete project and I’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

I enjoy sharing what I’ve created and learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and write about it on websites, in magazine articles and in books.

Terms and Conditions specifics:

These terms and conditions may be changed at any time with no prior notice to you. I’ll let you know if the Terms and Conditions have changed.

By hiring me you are fully agreeing to these terms and conditions.