Acceptance of a quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.

  1. All costs are valid for thirty days from the date of the quotation.
  2. Unless otherwise specified in a written agreement, either party may suspend or terminate recurring services with 30 days written notice over email.
  3. The costs provided when quoting are based upon what we anticipate the creative, time and production requirements to be based on previous experience and through typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.
  4. No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’ or ‘milestones’, whereby a deposit will be required before proceeding to each new stage.
  5. Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of logo, delivery of printed items, deployment of website, sending of e-shot etc): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
  6. If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.
  7. If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
  8. Any printing, fulfilment, media buy, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of proof of this payment.
  9. Unless otherwise stated above or previously agreed in writing, all invoices are due within fourteen days of any invoice date. Any recurring service agreement, including content marketing retainers and hosting, will be invoiced and/or auto-billed within seven days of an invoice date (typically the 1st of month). Please note points above and how this could have an impact on time scales.
  10. Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resources (logos, images, etc.) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).
  11. Fees provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, the agency reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
  12. Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
  13. At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website, etc.) the client will need to ‘sign-off’ their approval by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges for further time spent, although the client would be made aware of this in advance.
  14. Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between the agency and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
  15. Unless otherwise agreed in writing, our fees exclude: stock library images, photography or video outside of our in-house resources; bespoke illustration; translation services; travel and accommodation outside of Phoenix; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges), etc.
  16. It is assumed that unless otherwise stated, most copy and images will be provided by the client. The agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at $15 per image (dependent on source, image size and quality) to cover sourcing time and image costs.
  17. The agency recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to proof checking. Although clients are not contract-bound to use the agency to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, the agency will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
  18. In addition to print suppliers, the agency works closely with other third-party partners and suppliers, including sign manufacturers and installers, photographers, illustrators, film makers, interior designers, external website developers and coders, and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
  19. Clients should be aware that due to a variety of factors there will often be variance in colors shown between in-house proofs, colors on screen, printer’s proofs, and final printed items. As a result of this, the agency is unable to guarantee 100% consistency and accuracy of color on all items and may not always be able to achieve the exact result expected by the client.
  20. Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Jack & Bean. Full copyright and ownership of all ‘commissioned’ work will reside with Jack & Bean until full payment has been received, at which point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and the agency’s right to use the work for self-promotion in its portfolio, in presentations, in advertising, in print and online.
  21. Jack & Bean will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark if required.
  22. If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; outlined EPS file etc). However, the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Jack & Bean for non-exclusive future use.
  23. The agency will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential. Click here to review our Privacy Policy.
  24. The client agrees to indemnify Jack & Bean and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
  25. The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
  26. For all web-related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or scripts).
  27. The agency offers a web-hosting service to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is highly recommended for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, the agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the agency, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers.
  28. Appropriate credit and acknowledgment for work produced by the agency should be attributed to Jack & Bean where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
  29. These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Jack & Bean reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.