Terms & Conditions
When you work with us you are required to accept MUXWilliams, Inc. “Terms & Conditions” & “Terms of Payment”.
The agreement.
Agreement between MUXWilliams, Inc., (hereinafter referred to as “MUXWilliams”), and You, the authorized representative of “The Client” (hereinafter referred to as “The Client”).
- Confidentiality
- MUXWilliams, Inc. agrees not to misuse or disclose any confidential information that may be made available by The Client. Nondisclosure agreement signature requests must be provided in a timely manner in order to allow a thorough review by MUXWilliams, Inc.
- Client responsibilities
- The Client is responsible for providing timely direction, materials, approvals and access for the duration of the engagement. Delays in any of these may affect scheduling and cost. All reasonable care will be taken to ensure work is completed to the highest achievable standard; however, MUXWilliams, Inc. will not be held liable for loss, expense or damage caused by any act or omission that occurs during the engagement.
- Artwork approval, errors, and omissions
- MUXWilliams, Inc. will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, MUXWilliams, Inc. is not liable for loss, expense or damage caused by any act or omission.
- Nature of copy
- The Client agrees to exercise due diligence in its direction to MUXWilliams, Inc. regarding the preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials MUXWilliams, Inc. prepares. MUXWilliams, Inc. will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
- Liability
- MUXWilliams, Inc. makes every effort to maintain the highest possible work standards; however, MUXWilliams, Inc. cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in any capacity. To the extent permitted by law, MUXWilliams, Inc. shall not be liable to The Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and hold harmless MUXWilliams, Inc. from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- Cancellation / termination of agreement
- Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify MUXWilliams, Inc. immediately of this intention. Hours worked to that point will be invoiced. In the case of cancellation/termination, outstanding invoices are required to be paid within 30 (thirty) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booked day.
- Agreed rate
- Where a client prefers to engage MUXWilliams, Inc. at a fixed Daily Rate, MUXWilliams, Inc. will negotiate with the client to an agreed rate which is to remain confidential between The Client and MUXWilliams, Inc. MUXWilliams, Inc. reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
- Overtime rate
- Overtime rate is defined as 2x the standard hourly charge. The overtime rate is applicable outside the normal business hours of 9:00 am – 5:00 pm, Monday to Friday. The overtime rate also applies to any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate. These terms can only be varied, amended or altered by written agreement between MUXWilliams, Inc. and The Client.
- Exclusive booking
- Where The Client has requested the services of MUXWilliams, Inc. on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge. These terms can only be varied, amended or altered by written agreement between MUXWilliams, Inc. and The Client.
- Minimum daily charge for exclusive booking
- Where an Exclusive Booking has been made, a Minimum Daily Charge applies for each booked day. The amount is negotiated with The Client and agreed in writing before the booking is confirmed, and is recorded in the applicable statement of work (SOW). It is set per engagement and, like all agreed rates, remains confidential between The Client and MUXWilliams, Inc. If the booking is canceled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced. These terms can only be varied, amended or altered by written agreement between MUXWilliams, Inc. and The Client.
What gets invoiced, and when.
- Cost estimates
- Cost estimates are set out in a signed statement of work (SOW), and may be based on hourly charges, an agreed daily rate, or a retainer fee, depending on the engagement.
- Down payments
- New clients engaging on a project basis are required to provide a down payment of 33% of the total cost of an SOW as good faith to begin any work associated with that SOW. Retainer engagements are instead subject to the initial payment set out in the applicable retainer agreement, and Exclusive Bookings to the Minimum Daily Charge.
- Payment
- Project engagements are invoiced at project completion. Retainer engagements are invoiced in advance for each retainer period, with the first period payable before work begins. Exclusive Bookings are invoiced at the end of the month in which the booked days fall. Payment by The Client is required within 30 days of receipt of an invoice from MUXWilliams, Inc. by check or bank transfer. Other forms of payment may incur a fee.
- Late fees
- If payment is received from The Client more than 15 days after the due date, MUXWilliams, Inc. may impose a late fee of $50.00. If payment is received more than 30 days after the due date, MUXWilliams, Inc. may assess interest equal to 1.5 percent of the unpaid balance for each month, or a portion of the month the balance is unpaid. Interest accrues retroactively from the due date. If The Client has not paid an invoice for more than 90 days late, MUXWilliams, Inc. may refer collection of the unpaid amount to an attorney or collections agency. If The Client’s unpaid invoices are referred to an attorney or collections agency, The Client shall pay all reasonable attorney’s or collections agency fees in addition to the late fee and accrued interest.
Nothing starts without it in writing.
MUXWilliams, Inc. may offer services on a retainer basis. Before a retainer engagement begins, MUXWilliams, Inc. and The Client must mutually agree in writing to all applicable terms, including the retainer fee, payment schedule, engagement period, services, estimated or included hours, priorities, deliverables, timelines, additional-service rates, expenses, treatment of unused hours, and termination provisions.
The agreed terms will be documented in a separate proposal, statement of work, service agreement, or other written authorization accepted by both parties. Any changes to the approved scope, hours, deliverables, schedule, or fees must also be mutually approved in writing.
No retainer engagement is created solely through use of this website, submission of an inquiry, or preliminary discussions with MUXWilliams, Inc. Unless and until the parties approve a written agreement and any required initial payment has been received, MUXWilliams, Inc. has no obligation to reserve capacity, begin work, or provide services.
If these Terms and Conditions conflict with the terms of a separately executed retainer agreement, the separately executed retainer agreement will control with respect to that engagement.
Effective · MUXWilliams, Inc.