Terms and Conditions
Acknowledgement of these terms during the client onboarding process serves as a legally binding contract between EPIC Creativity, LLC and/or it’s DBA EPIC Agents, here forward known as “Epic”, and “The Client” identified during client onboarding.
1. Term of Contract
a..The term of this contract between Epic and the Client will begin on the date of acceptance and ending upon cancellation in accordance with policies set forth in section 8.
2. Scope of Work, Rates, and Turn-Around Times
a.Upon payment, Epic is obligated to fulfill the initial scope of work as outlined in the work order within the time period specified in the initial scope of work with exception to delay resulting from circumstances beyond Epic’s control as outlined in section 9b,9c, and 11f.
b.Out of scope work and budget must be approved in writing prior to the start of work and is subject to all of the stipulations outlined in this contract including scope change penalty fees of up to 20% of the total cost of the project.
d. There is a minimum fee for all services. Please see the current rate sheet for specifics.
e. This contract does not obligate Epic to accept any work that is not part of an agreed upon scope of work.
f. Standard turn-around time is subject to the complexity of the task and existing workload. Rush fee is a minimum of 25% and subjective based on current workload, resource availability, and client demands.
g. Epic is not obligated to accept any work request with less than 24 hours notice of deadline. While Epic will attempt to accommodate special circumstances that require short turnaround times, resources are not always available.
h. Rates are subject to change without notice.
a.Epic is not responsible for expenses including but not limited to Client website hosting, 3rd party media purchases, 3rd party production costs, printing, engagement of talent, and travel unless otherwise noted in writing.
b.Travel expenses, outside of normal business meetings within the Metro-Atlanta area, are the responsibility of the Client.
c.All expenses must be approved by the Client in writing prior to their occurrence and the Client reserves the right to deny authorization of any expense outside of those obligated to in the initial scope of work.
4. Agency of Record
a.The Client appoints Epic as the Agency of Record for the Client ONLY in accordance to the scope of work. As such, Epic assumes the ability to act as a representative of the Client for marketing and advertising related purposes as pertinent to the fulfillment of this contract and the scope of work.
5. Intellectual Property and Copyright
a.All final creative deliverables including but not limited to written content and graphic designs, created for the purpose of fulfilling the scope of work will be the wholly owned property of the Client subject to all privileges of all applicable copyright and trademark laws.
b.All strategic documents will be retained by the Client for their own use but the methodologies will remain the intellectual property of Epic and are subject to the confidentiality contract set forth in section 6a.
d. Use of all final creative deliverables for the sole purpose of self-promotion will be retained by Epic and the creator of such work.
6. Confidentiality and Non-Disclosure
a.The methodologies employed by Epic are proprietary intellectual property. The Client agrees to respectfully keep these in confidence and not share strategic documents prepared for the Client with any 3rd party including but not limited to other advertising/marketing agencies or independent marketing consultants during nor after the termination of the contract without the express written permission of Epic.
b.During the course of Epic’s relationship with the Client, it is foreseeable that Epic will become aware of the confidential information and intellectual property of the Client. Epic will take reasonable precautions to safeguard this property both during and after the termination of the contract, but in the absence of negligence or willful disregard, Epic will not be responsible for any loss or damage.
c.The Client understands EPIC is under no obligations to turn away work from competing businesses.
7. Compensation and Payment Policies
a. Client agrees to adhere to the payment schedule as outlined for their project.
b.Payment is accepted via Bank-issued Check, Credit Card, ACH, Venmo, or Bill.com. Checks should be made out to Epic Creativity, LLC.
c.Monthly management services (retainers) require a 12 month commitment, billed monthly in advance. These services will automatically renew monthly after the initial 12 month commitment expires until Epic has received notice of cancellation per the terms set forth in section 8a.
d. Invoices that are not paid within 10 business days of their due date will incur a 5% or $35 late fee (whichever is greater) monthly until the bill is paid in full.
e. Payment returned due to insufficient funds will be charged a $60 returned check fee in addition to late fees until the balance is paid in full.
8. Cancellation, Credits, and Refund Policies
a.Retainer services are subject to the following cancellation terms and restrictions:
i. For annual retainer contracts, client cancellation requires 60 days written notice. Cancellations prior to 6 months will incur a penalty fee equal to the difference between the amount already paid and the amount equalling 6 months payments.
ii. For short term retainer contracts (3-6 months), client cancellations require 30 days written notice. Cancellations prior to 3 months will incur a penalty fee equal to the difference between the amount already paid and the amount equalling 3 months payments.
iii. Cancellations will be accepted via email with an email confirmation of receipt from Epic or via certified letter.
b. Projects may be cancelled at any time and are subject to the following compensations and restrictions:
i. An account credit will be issued for the difference between the value of the amount of work already completed and the total paid value of the project.No refunds will be issued.
ii. Any work that has commenced but was not fully paid for in advance will be invoiced immediately and due upon receipt.
c. Upon cancellation by either party
i. All outstanding invoices become due immediately.
ii. All intellectual property and credentials will be transferred to the Client within 10 business days after all outstanding invoices are paid, per the terms set forth in sections 5 and 6 of the contract.
9. Client Obligations
Epic, and it’s agents and partners, cannot be held accountable or liable for any contractual obligations which are prevented or delayed by the action or inaction of the Client, either directly or indirectly.
Signed amendments including Scope of Work documents supersede the terms set forth here within.
11. Waivers and Indemnity
a. Epic agrees to hold the Client harmless for any claims of libel, slander, piracy, plagiarism, or infringement of copyright arising from material prepared by Epic with the exception of material supplied by the Client. Material supplied by the Client includes but is not limited to existing logos, written content, images, information, and data provided to support advertising claims.
b. Client agrees to hold Epic harmless for any claims based upon materials furnished by the Client or where materials created by Epic were substantially altered by the Client or by other representatives on behalf of the Client and further indemnifies Epic from any death or personal injury claims or actions arising from the use of the Client’s products or services.
c. Client agrees to hold Epic harmless in the case that any third party provider does not fulfill their contractual obligations directly to the Client.
d. The Client waives their right to charge back any purchases made via credit card for products and services that are already delivered.
e. Client agrees to hold Epic harmless for any actions or inactions taken by Client, or by other representatives on behalf of the client, and likewise for the actions or inactions the Client directs Epic to perform or neglect in contradiction of Epic’s recommendation Client also agrees that the remediation of such actions will be billed as out of the scope work.
f. Client agrees to hold Epic harmless in the case of circumstances beyond Epic’s control interfering with the timely delivery or warranty of work. This includes but is not limited to natural disasters, large-scale power outages, and war.
13. Use of Client Name & Marketing Assets
a. Unless otherwise specified in writing, the Client agrees to allow Epic the right to use the Client’s name, logo, and creative deliverables (in accordance with section 5d) for the sole purpose of Epic’s own self-promotion and with the limitation that this privilege does not extend to endorsement unless requested and approved in writing.
14. Governing Law and Enforcement
a.This contract is to be interpreted in accordance with the laws and jurisdiction of the state of Georgia in the United States.
b. If any of the provisions of this contract are found unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provisions will be deemed modified to the limited extent required to permit the enforcement of the contract as a whole.
Last Updated 10/13/2018 TH