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Terms & Conditions

Louise Agency is pleased to set out their Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote Estimate supplied to you form the contract between us for the provision of Louise Agency’s services.

1. Louise Agency’s Role

1.1 The Services: Louise Agency will provide the services described in the Quote Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Louise Agency will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote Estimate, which may be necessary. If the scope of a brief does not change, the Quote Estimate covers 1 (one) round of what would be deemed as reasonable creative changes (unless otherwise detailed in the production estimate) following the presentation of an initial concept, this does not extend to functional changes that were approved in a scoping document. Revisions briefed thereafter will be charged according to Louise Agency’s payment rate.

1.2 Information: To maximise Louise Agency’s effectiveness we must work with you as a team. Often Louise Agency’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Louise Agency will assume all information you provide is complete and accurate unless you tell us otherwise.

1.3 Termination: Should you wish to terminate the contract prior to commencement of work, Louise Agency will be entitled to a penalty of 15% of any quotations mentioned in the Quote Estimate. Should the project be terminated after work has commenced, you will be invoiced the 15%, or for work already completed, whichever is greater.

1.4 Force Majeure: Louise Agency shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Louise Agency’s reasonable control.

2. Payment Terms

2.1 Payment Terms: Invoices shall be settled by direct bank transfer into Louise Agency’s nominated bank account within 14 days of the date on the invoice unless agreed otherwise. Louise Agency reserve the right to charge interest on invoices that are not paid within that time at the rate of 12% per annum.

2.2 Other Specialist Services: Louise Agency’s estimate is exclusive of third party costs such as photography, illustration, video production, domain hosting, sound recording, etc., unless otherwise included in the Quote Estimate. Louise Agency may, unless you instruct us otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be quoted for accordingly.

3. Scoping

3.1 Any changes beyond the scope of the Quote Estimate provided to you by Louise Agency will be handled as a new update and priced accordingly.

4. Content

4.1 It is your responsibility to provide us with the required information about your business and marketing objectives. Louise Agency takes no responsibility for errors in content supplied by you (or your other advisers). Any changes thus incurred will be charged according to Louise Agency’s payment rate. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, or png. Text should be supplied as a Microsoft Word file or a .TXT file (Mac). Failure to supply material in easily accessible format may result in additional cost being incurred for retyping text. Where the content, which is provided is in a form where a significant amount of copy writing is required, a further charge may be made. You grant Louise Agency permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Louise Agency from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

5. Confidentiality

5.1 Confidentiality: Save as required by law, Louise Agency will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Louise Agency may however disclose your documents and affairs to:

(i) such of your other service providers as you inform Louise Agency are involved in any assignment on which Louise Agency is instructed;

(ii) Louise Agency’s affiliates or related parties; and

(iii) any other service provider to whom Louise Agency may properly delegate aspects of any assignment in order to provide a full range of services to you.

6. Intellectual Property

6.1 Freedom to use Ideas and IP: Louise Agency may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.

6.2 Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Louise Agency, shall, upon you paying Louise Agency in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Louise Agency or third parties engaged or employed by Louise Agency.

6.3 Promotional: The client in entering the contract agrees and provides permission for Louise Agency to use any material created for promotional purposes of Louise Agency, unless expressly agreed otherwise in writing.

7.0 Indemnity

7.1 All services may be used for lawful purposes only. You agree to indemnify and hold Louise Agency harmless from any claims resulting from your use of our service that damages you or any other party.

8.0 Liability

8.1 Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

9. Variation

9.1 Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.