At Capital Content, our goal is to provide exceptional value to our clients. We’re the type of company that would work on a handshake if we could. Unfortunately, disputes arise from time to time, so we’ve written some simple terms and conditions for our contracts. We would kindly ask that you read through each point and contact us with any questions or concerns ahead of signing any proposals or contracts. Thank you and we look forward to helping your business reach its content and digital marketing goals!

1) Proposals and Quotes for Service

a.) The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly. Up-front deposit, ongoing monthly charges, and contract length will be denoted on the quote or proposal.

b.) No creative or development work will commence until Capital Content has received written approval of the quotation (by hand or by email), and any required deposits.

2) Paymentand Cancellation

Payment terms are as follows:

  • For the full or half-day strategy sessions, payment is required to be submitted with the signed proposal.
  • For monthly service, new clients will be required to pay the first month in advance as an initial deposit. Consecutive months will be invoiced depending on when service began.
  • Payment terms on invoices are Net-15 unless:
    1. Otherwise noted on the initial quote or proposal.
    2. Client is late 2 times during a 12-month period.
      1. If client is late 2 times during a 12-month period, Net-15 terms are voided and payment will be due upon receipt of invoice, or can be automatically billed to a credit card.

Contract Termination:

a.) Services provided to clients by Capital Content may be engaged on a month-to-month agreement or contracted for a typical term of 12, 24, or 36 months. Monthly pricing for services on an annual or multi-year contract are discounted based on the term and services being provided. Should a client wish to terminate a contract prior to their end date, they will need to remit notice of cancellation in writing 30-days in advance. Client will also forfeit any discounts they received and would be responsible for remitting payment of the discounted amount at the time of cancellation. Unless otherwise noted in writing, all contracts auto-renew for the same term upon expiration.

3) Deliverables

a.) Unless otherwise agreed upon in writing, work will typically commence within ten working days of deposit receipt. Any anticipated completion date provided by Capital Content is subject to options chosen and client co-operation in provisioning information, resource (logos, images etc.) and final content approval. Capital Content will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided are estimated but Capital Content will not be held liable if the project over-runs due to delays caused by the client regarding information submission, content approval, third party issues, or force majeure (act of God).

b.) Upon submission of content to the client by Capital Content, the client will need to ‘sign-off’ their approval either in person or by email. Any amends to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.

c.) Monthly service cost allows for occasional meetings when necessary for a reasonable length of time between Capital Content and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.

d.) Unless otherwise specified, costs quoted exclude the following where relevant: analytics subscriptions (Moz, Alexa, etc.); print; commissioned illustration, photography or stock images; image retouching; image scanning; copywriting; postage, in-house color print-outs; web hosting; couriers; other third-party costs incurred (such as merchant bank and payment gateway charges) etc.

4) Copyright

a.) Until payment is received in full, all content, designs, artwork and rights to content, design, and artwork (whether in digital or printed format) remain the intellectual property of Capital Content. Full copyright and ownership of all ‘commissioned’ work will reside with Capital Content until full payment has been received, at which point Capital Content will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and Capital Content’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.

b.) Capital Content will never knowingly infringe on any copyright or trademark and will deliver, to the best of its knowledge, content and creative solutions that are original and unique to Capital Content. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed upon and to make their own application for copyright or trademark if required.

c.) Appropriate credit and acknowledgment for work produced by Capital Content should be attributed to Capital Content where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.

5) Confidentiality

Capital Content will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.

6) Indemnification

a.) Where applicable by law, the client agrees to indemnify Capital Content and hold harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Capital Content is not liable for any loss that may occur before, during or after the development of projects undertaken. Capital Content will not be held responsible for any delays, errors or losses arising from any third party.

b.) The client agrees to alert Capital Content in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. Capital Content will not be liable for any claims made after this period.

7) Modification of Terms

These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Capital Content reserves the right to change or modify these terms at any stage with immediate effect, and agrees to notify clients within 24 hours (via email) that a change or modification has been made to the terms. By signing and submitting a sales quote or proposal, you are agreeing to these terms.

Contract Terms and Conditions version 1.1 (March, 2016)