Disclaimers

DEFINITIONS:

  • Production fees = any printing, billboard vinyls, television production rentals, licensing of images, music, freelance talent, etc.
  • Placement fees = TV or radio campaign placement fees, billboard rental, magazine/newspaper/direct mail fees, postage, etc.

PROCEDURES: Effective advertising, marketing, design and public relations is a multi-function, complicated process. We follow many industry standards as well as several custom procedures to ensure your project is executed in the most efficient and creative way. These are a few categories we want you to be aware of before we begin working for you.

  • 1. Assessment of Project(s): we partner with your team to determine exactly what your needs are, then develop a basic strategic and tactical proposal.
  • 2. Official Proposal: we will provide your company with an official proposal in a timely manner after our initial meeting(s).
  • 3. Contract Signing:Typically we require a down payment of at least 1/4-1/2 of total project fees unless you are on an existing retainer. We will not begin any work until initial payment has been made.
  • 4. Pre-production: depending on the nature of the project, we will spend considerable amounts of time in the pre-production stage to ensure we are properly focused on your project. We will review all strategies, tactics and designs with you before the project/campaign launch.
  • 5. Scheduling: Not all projects/campaigns and clients require exact scheduling, but we like to set deadlines and milestones as soon as possible for every campaign and project. This keeps client and customer on task.
  • 6. Proofing: All projects and campaigns will be proofed by client before artwork, strategy or tactics are submitted for production or implemented. It is essential to receive proofs with your comments and or approvals in a timely manner so that deadlines and milestones can be met. Typically we alert every client (email, telephone, etc.) to let them know we have sent proofs to them. If delays from the client cause agreed upon deadlines/milestones to be missed Navigation will not be held responsible for those missed deadline/milestones. If these delays cause the need for “rush fees” we will inform the client ahead of time and the client will be responsible for paying those “rush fees”.
  • 7. Approvals: All clients must approve all work performed by Navigation via signed and dated contract or agreement, signed fax, or email. Verbal approvals are not adequate.
  • 8. Updating: We try to keep every client up-to-date on their project(s). Occasionally the number of elements per project prevent Navigation from informing the client of every aspect of their project(s). Clients are more than welcome to review any part of their project(s) at any time during the process.
  • 9. Delivery: Navigation will arrange and provide any and all deliveries. Additional delivery hard costs are invoiced in a timely manner.

30-DAY OUT-CLAUSE: either party or both parties can choose to cancel contract with an official 30-day notice if reasonable obligations, payments, deadlines or milestones are not met within stated (written) time frame or reasonable industry norms. All outstanding payments will have to be first agreed upon and/or resolved before contract can be voided.

ARBITRATION: Both parties agree to binding, legal arbitration should a dispute over work, payment or other contractual obligations develop. Should litigation be required, Navigation reserves the right to pursue all legal remedies to cover all legal fees incurred due to the litigation. Notice: all disputes, warnings or notices shall be in writing via email or letter and receipt of notice confirmed by receiver.

NON-COMPETE CLAUSE: Once both parties have committed to a contractual agreement for marketing services, Navigation will act pursuant to a non-compete clause consisting of a commitment to not pursue any clients that would compromise the intellectual or financial integrity of CLIENT, or any of its subsidiaries. Any prospective client deemed potentially in violation of the spirit of this agreement, pursued by the AGENCY, will be presented to CLIENT for approval. This agreement will end on the close date of this contract. Any action taken due to violation of this agreement will be subject to the above arbitration agreement.

HARD COSTS: Navigation is not responsible for any “hard costs” such as legal fees, printing, delivery, film, proofs, video/audio production, voice and acting talent, closed-captioning, illustration, professional photography, special photography or videography such as aerial or underwater, web hosting, domain registration, CD-ROM printing/ manufacturing, DVDs or tapes sent to vendors for manufacturing or broadcasting, trade show booth rentals, trade show event registration, trade show additional expenses such as electricity, storage, loading and unloading, shipping, email lists rental or purchasing, postage, email fulfillment, list rental, archiving client content or archival collection of client content, signage printing & placement, publication of station spot ad charge, pay-per-click set-up charges, printing set-up charges, rental of any needed additional equipment or props for video or photography shoots unless stated otherwise in signed contract or agreement. Navigation will inform client of any needed “hard costs” before incurring any additional expense to the project. Navigation will invoice client for all “hard costs” once client approves and signs cost estimate.

APPROVALS: All clients must approve all work performed by Navigation via signed and dated contract or agreement, signed fax, or email. Verbal approvals are not adequate.

KILL FEES: cancellation of project(s) by client during production due to circumstances beyond Navigation’s control are charged a “kill fee” assessed at 50% of the total project(s) costs.

MEETINGS: Navigation requests a 24-hour notice for all in-person or conference call meetings.

UPFRONT PAYMENTS: Some third-party vendors require upfront payment for services and products, therefor Navigation reserves the right to require our clients to provide funding for production or services through third-party vendors before Navigation secures such services or products from vendors.

PAYMENTS: Unless otherwise agreed upon, Navigation will invoice client for all payments including monthly retainer, and production and placement costs.

CREDIT CARD PAYMENTS: Navigation will also add a 3% credit card service charge to the gross amounts of orders that require credit card payment from Navigation vendors and clients. All production to be executed and supervised by Navigation unless otherwise stipulated in signed contract.

ADDITIONAL: This is a good faith estimate and/or agreement. Actual price and delivery may vary depending on revisions and delivery of necessary items to complete project. Client to provide all needed content not available to Navigation. This proposal is good for 30-days after it is sent to the prospective client.