Nevermore Creative Digital Marketing
Master Service Terms & Conditions
1. Payment Terms & Invoicing
This Master Service Agreement governs all creative, technical, and digital marketing services provided by Nevermore Creative Digital Marketing ("Agency") to the client ("Client"). Acceptance of any estimate, quote, deposit payment, or commencement of project work constitutes binding acceptance of these Terms & Conditions.
Standard Payment Model (50/50 Split):
- Initial Deposit: A non-refundable deposit equal to 50% of the total project quote is required prior to project scheduling or work commencement.
- Final Balance: The remaining 50% balance is strictly due within seven (7) calendar days of written notification that the final assets/service are completed and ready for release.
- Deliverable Release: High-resolution final files, raw media, website master deployments, credential transfers, and active advertising campaigns will be held until the final balance is received in full.
Late Payments & Penalties: Invoices remaining unpaid past the 7-day post-notification window shall accrue late interest fees on the outstanding balance until paid in full. Nevermore reserves the right to suspend active services, take down staging servers, or pause ongoing campaign deployments for overdue accounts.
2. Specialized Service Clauses
A. Graphic Design & Branding
Scope & Assets: Covers digital branding, background compositions, packaging art, product compositing, and promotional graphics.
Revisions: Standard deliverables include up to two (2) rounds of revisions within the agreed brief. Additional design revisions or structural layout redesigns are subject to additional fees based on standard rates.
Color & Print Discrepancies: Digital previews (RGB) may vary slightly from physical print executions (CMYK/Pantone). Nevermore is not responsible for printing color drift executed by third-party print vendors.
B. Video Production & Motion
Production & Edits: Includes post-production, color grading, compositing, visual effects, motion graphics, and sound design.
Raw Footage: Raw camera files, project files (.prproj, .aep), and unrendered source elements remain Agency property unless explicitly purchased under a separate licensing agreement.
Audio & Stock Licensing: Stock footage and music licenses are granted for specific usage agreed upon in initial scope. Secondary licensing fees apply for broad broadcast distribution.
C. Generative Content & AI Art
Synthesized Media: Utilizes custom generative models, prompt engineering, texture synthesis, and composite rendering to build custom visual assets, textures, and creative media.
IP & Originality: All AI-generated base assets are post-processed, composited, and transformed into original artistic works. Nevermore ensures generated graphics do not directly infringe upon trademarked third-party assets.
Client Warranties: Client warrants that all product imagery provided for generative integration is legally owned or properly licensed.
D. Website Design & Development
Deployment & Hosting: Staging builds are hosted on Agency servers. Final deployment to live domains occurs only upon 100% final invoice settlement.
Browser & Device Support: Websites are optimized for modern, up-to-date desktop and mobile browsers (Chrome, Safari, Firefox, Edge).
Third-Party Tools: Agency is not liable for breaking changes, policy updates, or API disruptions caused by third-party plugins, payment gateways, or external platforms after sign-off.
3. Communication, Timelines & Scope Management
3.1 Communication Window: Both the Agency and Client agree to maintain professional communication with an expected response turnaround of 24 to 48 hours (business hours) for project feedback, approvals, and inquiries.
3.2 Timeline Extensions & Fault Allocation:
- Agency Delays: If project timelines are extended due to Agency fault, internal scheduling issues, or creative revisions required on initial scope, no additional fees or penalties will be assessed to the Client.
- Client Delays: If project delays occur due to late asset submission, delayed feedback exceeding the 24-48 hour window, or client-requested holds, the delivery timeline will adjust accordingly. Extended delays exceeding 14 business days may result in project re-boarding or administrative holding fees to re-allocate resources.
3.3 Scope Creep & Change Orders: Any feature request, design alteration, or structural modification requested outside the agreed project brief will be quoted via formal Change Order and billed separately prior to execution.
4. Intellectual Property & Promotional Rights
4.1 Ownership Transfer: Upon receipt of full and final payment, the Client receives commercial usage rights for all approved, finalized deliverables created specifically for the project.
4.2 Preliminary Concepts & Working Files: Unused design concepts, raw project files, draft renders, and custom background prompt libraries remain the exclusive property of Nevermore.
4.3 Agency Portfolio Right: Nevermore retains the right to display completed visual work, composite artwork, video edits, and website builds in its agency portfolio, case studies, social media, and marketing collateral unless bound by an executed non-disclosure agreement (NDA).
5. Cancellation, Termination & Liability
5.1 Termination by Client: The Client may cancel a project at any time in writing. Upon cancellation, the 50% initial deposit is non-refundable. The Client shall pay for all completed work hours and expenses incurred above the deposit amount up to the cancellation date.
5.2 Limitation of Liability: Nevermore’s total liability for any claim, loss, or damages arising out of performance of services shall strictly not exceed the total fees paid by the Client to Nevermore for the specific project in question.