Whyte Raven

Proposals: Proposals are good for thirty (30) days from the date of the proposal. Changes in the scope of services and/or project specifications may require a revision of the original proposal. Project expenses and taxes are not included in the proposal. Should cost exceed ten percent (10%) of the original estimate, written authorization from the client is required prior to continuing the project.

Production Estimates: Production estimates are good for thirty (30) days from the date our vendors submit their quotes to Whyte Raven. Estimates are subject to revisions at any time based on changes and/or additional direction from the client. The original estimate could be reduced or increased by ten percent (10%) without notice. Should cost exceed ten percent (10%) of the original estimate, written authorization from the client is required prior to continuing the project.

Revisions: Whyte Raven shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of Whyte Raven, an additional fee shall be charged. If Whyte Raven objects to any revisions to be made by the Client, Whyte Raven shall have the right to have its name removed from the published designs. All changes must be verified in writing. Any changes and/or proofs requested after the work has been submitted to the service provider will be billed at the cost charged by the service provider plus a minimum of one (1) billable hour production fee. One (1) copy of all files used in the project will be sent to the client in an electronic format upon receipt of final payment.

Project Proofs: Whyte Raven makes every effort to prevent errors in the copy, art and production; however, we may not catch every error. The client is responsible for carefully reviewing all proofs prior to approval. Whyte Raven shall not be held liable for the subsequent costs and/or losses due to errors, delays or forces outside of our control, including, but not limited to, misinterpretation or misapplication of its creative copy or art in its original and intended form, whether authorized or unauthorized. Whyte Raven will supply electronic files to vendors, check film production of our local film suppliers, and follow up on delivery to printers. Final approval of printed materials is the responsibility of the client.

Billing Procedures: Whyte Raven uses “milestones” to track the progress of each project. At each milestone a percentage of the total project fee is due, the first being the signing of the Creative Service Agreement. If the client should cancel the project for any reason, the client forfeits any creative fees paid upon authorization to begin the project and any production costs incurred up to the point of cancellation (see Cancellation or Delay). Production expenses will be billed at cost plus a fifteen percent (15%) production fee. All project expenses will be billed at cost plus ten percent (10%).

Payment: Client agrees to pay Whyte Raven within thirty (30) business days of invoice date, unless other mutually-agreed-upon arrangements are made and both parties are provided signed documentation. In the event that work is postponed at the request of the Client, Whyte Raven shall have the right to bill pro rata for work completed through the date of that request. Overdue payments shall be subject to interest charges of one-and-a-half percent (1.5%) monthly.

Proprietary Concerns: Whyte Raven makes every effort to keep all information given to us by our clients under the strictest confidence. All concepts and artwork remain property of Whyte Raven until ownership is transferred in writing. Designs and names created by Whyte Raven for our clients are original to the best of our knowledge. Whyte Raven does not guarantee that there will be no claims against our clients for copyright or trademark infringements.

Every client is responsible for compliance with the law and with government regulations. Whyte Raven strives to comply with the restrictions and regulations that are standard in the industry; however, we cannot be held liable for such compliance. Whyte Raven recommends that legal counsel review all materials before publication.

Additional Policies: Whyte Raven makes no guarantees of effectiveness; however, we design for our clients as our experience, client direction, and available information allow.

Whyte Raven provides untrapped files to pre-press vendors and printers. Correct reproduction of files provided by Whyte Raven is the sole responsibility of the pre-press and printers. We require that all fonts provided to vendors be erased after the project is completed, and all media be returned.

Although Whyte Raven maintains a high level of protection against viruses, it is the responsibility of the client and vendors receiving disks to protect themselves against viruses. Whyte Raven cannot be held liable for any costs and/or losses associated with a virus passed through media.

Cancellation or Delay: If Client should cancel the project for any reason, Whyte Raven shall retain the creative costs paid upon authorization to begin the project and any production costs incurred up to the point of cancellation. The billing upon cancellation shall be payable within fifteen (15) days of the Client’s notification to stop work or the delivery of the designs, whichever occurs sooner. Either party may terminate this Agreement effective immediately by giving written notice of termination for reasonable cause. Reasonable cause includes: (1) a material violation of this agreement, or (2) nonpayment of Whyte Raven’s compensation after fifteen (15) days written demand for payment. Whyte Raven shall be entitled to full payment for services performed prior to the effective date of termination. In the event that work is postponed at the request of Client, Whyte Raven shall have the right to bill pro rata for work completed through the date of that request and shall own all rights of the designs.

Usage and Ownership: Upon receipt of full payment, the designs delivered to the Client shall become the property of the Client. The client agrees to provide Whyte Raven with a minimum of three (3) sample copies each of any printed material. The ownership of original artwork, including but not limited to comps and any other materials created in the process of making the designs shall remain with Whyte Raven and, if delivered by Whyte Raven to Client with the mechanicals, shall be returned to Whyte Raven by bonded messenger, air freight, or registered mail within thirty (30) days of the Client’s completing its use of the mechanicals.

Reservation of Rights: All rights not expressly granted hereunder are reserved to Whyte Raven, including any electronic rights or usage, and including but not limited to all rights in sketches, comps, or other preliminary materials created by Whyte Raven.