Two Lizards services and charging
Development & Management: including, as applicable, developing proposals, internal research, creation of concepts, creation of copy and visuals, account direction and administration. Charged as specified.
Production: including, as applicable, sourcing and supply of artwork, illustrations, photography, print, separations, mailing lists, data processing, mailing, fulfillment, audio and video recordings, POS material etc. Charged as production progresses.
Media: including, as applicable, press, print, radio, TV etc and postage. Normally charged by pro forma invoice.
Payment of all invoices except pro forma is due within 7 days of date and tax point of invoice unless other terms are agreed in writing. Payment for pro forma invoices must be received by us in advance of delivery of the services to which they relate; postage payment must be received by us at least seven days before the first mailing date. Payment for website development: 30% deposit on purchase order sign-off, 30% on approval of final design templates and copy and the balance when the site goes live. All payments to be made by electronic transfer (BACS) unless otherwise agreed in writing.
We reserve the right to charge the amount of VAT payable whether or not included on the estimate or invoice.
We reserve the right to charge interest from the invoice date at a rate of 4% p.a. over current Royal Bank of Scotland base rate on amounts outstanding after 30 days.
You will be asked to approve artwork, printed proofs and other production elements via our Quality Control system. Any alterations initiated by you to artwork, photography, illustrations, proofs, printed material or any other items will be charged extra.
Copyright and other rights
The copyright for all purposes in all creative work created by us vests in Two Lizards unless arrangements are made to the contrary. We will obtain and hold where possible all necessary rights in respect of copyright material commissioned for your advertising. If you so request and provided that all obligations arising from the contract have been met we will assign in writing such copyright to you on completion of the contract. The copyright in TV, cinema and radio commercials passes to ourselves under the standard form of agreement (IPA/AFVPA etc). As certain contractual obligations are contained in those agreements, assignments may be made to you only by special arrangement. The copyright in creative work commissioned by ourselves from third parties will normally vest in the third party. We will ensure appropriate usage rights in respect of this material. If required, and at your expense, we will use reasonable endeavours to obtain extended rights or assignment of copyright.
Protection of ideas and concepts
You acknowledge and agree that any identifiable and original idea or concept presented by us in relation to any promotion or advertisement campaign invented or developed by ourselves shall be acknowledged as being available only for such promotion or campaign and shall not be used for any other purposes whatsoever without our express prior agreement given in writing. Even where no promotion or campaign is agreed, the ideas and concepts presented to you shall remain strictly confidential and shall not be used in any way, including communicating to any third party, without our express prior written consent.
We acknowledge a duty not to disclose without your permission any confidential information resulting from studies or surveys commissioned or advertising intelligence in the field of your products or services gained in the course of the contract.
Limitation of liability
We shall not be liable for any delay in, or omission of, publication or transmission or any error in any advertisement, nor delay in posting or delivery, in the absence of default or neglect on our part. Where work is defective or deficient in quantity our liability (if any) shall be limited to rectifying such defect and any other liability for loss whether direct or indirect is expressly excluded.
Indemnity to agency
You will indemnify us against any loss we may incur as the result of any civil claims or proceedings brought against us based upon any advertising and other work prepared for you by us and approved by you before publication.
We abide by rulings of the ASA and CAP and comply with BCAP, the British Code of Sales Promotion Practice, the requirements of the DMSSB and other codes of advertising standards laid down on a self-regulatory basis to ensure that all advertising placed by us is legal, decent, honest and truthful. In order to satisfy the requirements of these codes or any statutory requirements and in the general interest, you agree to provide us without delay with objective factual evidence, if so required, in support of any product claims you wish to make. You also agree to inform us immediately if you consider that any claim made in any copy submitted to you by us for approval is incorrect or misleading, in relation to your products or services.
In order to comply with the Data Protection Act you agree to furnish us with details of your registration under the Act – if applicable. You will also warrant that any personal data supplied for use in direct marketing campaigns has been appropriately obtained and registered under the Act.
Confidentiality of lists
Any mailing lists supplied by third parties to ourselves which are released in whole or in part to you for inspection are released on the basis of complete confidentiality of their contents and on condition that the contents of the list will not be copied, stored or used in any way unless express permission to do so has been provided in writing by the list owner.
These conditions and all other express terms on the contract shall be governed and construed in accordance with the Laws of England.