Service Terms and Conditions
These Terms and Conditions apply to all work provided by Captivate Content Inc. dba Conversion Copy Co. (Business Number (Canada): 734319924RT0001) and are part of the contract you enter when you engage with us.
Please read them through carefully and get in touch if you have any questions – firstname.lastname@example.org.
By agreeing in writing to a retainer or project fee and/or making a deposit payment to initiate the contract, you are accepting these Terms and Conditions.
Last Updated June 26, 2020
“You” is the client, its employees and agents.
“We”, “Us” and “Our” is Captivate Content Inc., its employees and agents.
1.1 Our default method of billing is hourly unless otherwise agreed upon. Hourly rates are US $300 and apply to all work, including research, consulting (after initial contracting stage), drafting and finalizing copy.
1.2 Retainers are paid in advance in agreed-upon increments, based on the scope of work. The minimum retainer is three hours ($900) and only applies to audit services. All other projects require a retainer at a minimum of seven hours (day rates are $2,000).
2. QUOTES AND PROPOSALS
2.1 Where the scope is clear, we may quote a flat rate. All quotes and proposals are valid for 30 days from the submission date.
2.2 Quotes do not include (unless specifically stated):
- Liaison with other agents such as graphic designers or web developers.
- Travel time or travel costs for onsite meetings.
- Meetings outside of those required for the initial creative brief and two rounds of revisions, or meetings specified in the project plan.
2.6 Onsite meetings can be added to the project at your request. (Pending clearance to travel, post-COVID-19) These meetings will be charged at USD $300 per hour and will include any necessary travel time plus travel costs. Meetings must be cancelled at least 24 hours before – or the full charge of the meeting will be added to your final invoice.
3.1 A non-refundable deposit of 50% of the total amount quoted is required on approval of the quote before work can begin.
3.2 Where the amount is less than $500, the full amount may be required on approval of the quote before work can begin.
3.3 The deposit invoice must be paid before any project work can begin.
3.4 By paying a deposit, you are reserving future time in our calendar. Work will commence on the agreed-upon date, provided we have the deposit and necessary information from you.
4.1 The final invoice will be issued when the final sign off is given or within 14 days of submitting a complete draft if no feedback is given (whichever occurs first).
4.2 Payment terms are 14 days from the date on your invoice, with the exception of deposits, which must be received to start the project.
4.3 Captivate Content Inc. reserves the right to charge interest on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter.
4.4 If we engage a third-party organization to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.
4.5 You can pay via bank transfer (preferred) or credit card (through Stripe).
4.6 If your project is urgent and requires a first-draft turnaround of less than 48 hours, a rush loading of 25% may be applied. This will be negotiated and agreed upon in advance of initiating rush work.
4.7 Any costs additional to the Services ordered (including couriers, software, other media and travel costs) are in addition to the amount quoted and shall be charged to ‘the Client’ as required. These costs will be itemized separately in the invoice and mutually agreed upon in advance of incurring the costs.
4.8 We are liable by law for HST and you must pay us the HST amount if you are a Canadian business.
5. CHANGES IN SCOPE
5.1 Any modifications to the original project scope during the course of execution will render the provided quotation invalid. (Hourly retainers excepted.)
5.2 Additional fees/charges may be applied to cover the time and expenses required to complete any new work. These additional fees will be quoted in advance of incurring the time and/or expenses.
5.3 The new quote will need to be approved and the revised deposit paid before work can restart.
6. TIMEFRAMES AND COMMUNICATIONS
6.1 You are asked to nominate one primary contact for all revisions and contact throughout the project.
6.2 We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control, including major illness or family emergencies may prevent us from getting work to you on time.
6.3 We will inform you within two business days if there are any timeframe issues.
6.4 If we are unable to begin or complete work because we have not received information from you, we will continue the project at our next opportunity. This may affect your overall timeline.
6.5 You have a maximum of 14 days to respond with revisions from submission of a first, second or third draft of the copy.
6.6 Additional charges, at an hourly rate of USD$300, will be charged for any additional revisions or proofreading supplied after the 14-day revision period.
6.7 If you do not communicate with us for 14 days, the project will be deemed closed and any final amount owing will be billed.
7.1 If we’ve signed a separate confidentiality agreement or Non-Disclosure agreement with you, then that agreement takes precedence.
7.2 We won’t disclose any information that you indicate is confidential.
7.3 You agree not to disclose any information about our pricing structure or project documents.
7.4 Captivate Content Inc. reserves the right to use ‘the Client’ projects for her own promotional use unless a Non-Disclosure Agreement precluding this has been signed by Captivate Content Inc.
7.5 Captivate Content Inc. may approach ‘the Client’ for a testimonial after the project is completed to their satisfaction, although the provision of the testimonial is not obligatory.
7.6 We reserve the right to refer to this project and your business name, and to use your logo and content for promotional or educational purposes.
8.1. Captivate Content Inc. is not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
o Acts of God
o Power failure
o Equipment failure
9.1. You gain full copyright and intellectual property rights for any work delivered by Captivate Content Inc. when you complete the final payment.
9.2. Until the final payment is received, Captivate Content Inc. retains the intellectual property for all work delivered.
10. CLAIMS AND LIABILITIES
10.1. We endeavour to ensure that our work doesn’t infringe on any copyright or other rights of a third party.
10.2 We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorized access to, or alteration of your transmissions or data.
10.3 You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitor’s fees, due to materials included in any work undertaken at your request.
10.4 All materials provided by you are assumed to be legal and accurate.
10.5 You are responsible for checking the factual accuracy of the content for this project.
10.6 We work hard to ensure our work is free from errors, but we don’t offer an error-free guarantee. You are responsible for final approval.
10.7 Captivate Content Inc. takes no responsibility for the material and how it is used once you have approved the final draft.
10.8 If you wish to make a claim about incorrect performance or breach of these Terms and Conditions you must send it, in writing, to Captivate Content Inc. within six months of delivery.
10.9 Any imposed liability shall be limited to resupply of information or services.
11.1. ‘The Client’ may terminate the job at any time via email.
11.2. If ‘the Client’ terminates the job, Captivate Content Inc. will invoice for the total stage in progress at the minimum estimated fee.
11.3. Captivate Content Inc. may terminate the job at any time via email.
11.4. If Captivate Content Inc. terminates the job, we will invoice for the total stage in progress at the minimum estimated fee.
12. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties (excluding NDAs). A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
These project terms and conditions are part of the contract you enter into when you engage Captivate Content Inc. Please read them through carefully and get in touch if you have any questions.
They shall be governed by Canadian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Canadian Courts.