Company Policies

Below are the Elevan August Concepts Pte. Ltd. (“Elevan August “, ” Elevan August Media”, “Agency”, “We”, “Us”, “Our”, “Service Provider”) standard terms and conditions for all projects. Unless otherwise stated, these policies form the basis of every/all contracts between Agency and our Clients.

It is vital that you (“the user”, “the client”, “Client”, “you”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Agency. Please contact us if you require any clarifications. Otherwise your agreement at the commencement of any project will constitute full and total agreement with these terms.

TERMS & CONDITIONS

Payment Terms:

For first-time/one-time clients: Full payment upfront before commencement of work.
For recurring clients: 7 Days Net.
For website, videography clients (project value of more than S$3.5K): Payment terms - 50% deposit is required upon acceptance of quotation and before commencement of work, the remaining 50% to be paid in full, before project handover to Client.

Late Payment:

Please note that a late payment fee of 5% interest rate will be charged every month will be charged, if this invoice is not settled on or before the due date (subject to compounding if the charges are not repaid in full) on the transaction amount, chargeable on a daily basis from the date of transaction until receipt of full payment. Agency will send 2 gentle reminder emails at 2-day interval each, before a Statement of Account is sent as a final reminder. An admin fee of S$100 will be levied for every Statement of Account generated for late-paying Clients, in addition to the late payment fee of 5% interest rate per month.

Delinquency:

Agency reserves the right to remove any work mock ups from viewing on the Internet until final payment is made.

Quotation:

A quotation and/or scope will be provided prior to beginning any work. This document must be accepted in writing via email and monies received before work can begin. Any quote or scope not accepted within thirty (30) days is subject to review by Agency. Any quotations given for past works will not guarantee the same price in the future due to inflation, increased overhead costs etc.

Estimates & Quotes:

All quotes are based on time estimates and may be subject to change if additional work is required.

OVERTIME – If projects exceed the time estimated, you will be billed for the extra time.

RUSH FEE – If any services are requested with a shorter turnaround than quoted, a rush fee of up to 35% may be quoted if time is available. Exclusions: Not all projects may qualify for rush status, and Agency reserves the right to decline rush requests if they compromise the quality of work.

SCOPE CREEP – Changes requested beyond the original scope of the project or an extension of job scope beyond the initial agreed scope will be charged to the Client.
Agency has a commitment to clear communication with our clients. We will communicate with you prior to incurring overtime, rush or scope related charges.
If Client is late for a meeting with our team, Client lose that time. If Client fail to show without a 2 hours’ advance notice, Client shall be charged in full for the loss of the team’s time.

AGREEMENT – Both the client and Agency will acknowledge and agree to the rush project, overtime and scope creep terms, in writing.

Refunds:

In the event of premature termination, or disputes, any payment and/or set up fee made to Agency is non-refundable and will be utilized towards the completion of the project. The scope or work done shall be in quantitative relation to the amount of non-refundable payment and/or set up fee made to Agency by the Client. No refunds will be entertained.

Cancellations:

Clients may cancel any service with the Agency by providing a written notice before the scheduled start date. If the client cancels after payment is made and/or the project has begun and/or before they have received the final deliverable(s), they will be responsible for paying a cancellation fee. This fee will be 100% of the total service cost or payment received. The cancellation fee is necessary to cover any incurred costs and losses by Agency due to the late cancellation. Agency is not responsible for any losses or damages incurred by the Client or caused to the Client’s business as a result of service cancellation. Elevan August Media reserves the right to cancel a project or service at any time for any reason. Agency will refund Client the monies in quantitative relation to the extent of work that has been completed.

Null of Invoice:

In the event Agency decides to null any invoices due to unforeseen circumstances where the collaboration with Client cannot be continued, Agency will inform Client in writing via email. Client should reply with an acknowledgement to accept the offer in 5 working days. The result of not accepting the offer constitutes the right for Agency to revoke the act of nulling the invoice and to resume the rights to pursue the payment from Client.

Operational Hours:

Official agency operation hours shall be from Monday to Friday 9am – 530pm. Agency only respond to work-related matters after office hours on a best-effort basis. Tasks relating to any ongoing projects shall be attended to, only on the next working day.

Communication Response Time:

Agency endeavors to respond to Clients’ enquiries via WhatsApp within 1 working day. If the enquiry comes via email, Agency endeavors to respond to Client within 3 working days.

Work Turnaround Time:

Any amendments requested by Client will be subject to a turnaround time of 1-2 working days. Rush fees apply if Client offers short notice for any amendments required.

The Pause Clause:

If a client deliverable (such as content, approvals, payment) is more than 10 working days late, the project will be considered “on hold.” Once the deliverable is received by Agency and the project is reactivated, it will be rescheduled based on our current workload and availability. It could be weeks or even months to be back on the calendar if your project is put on hold. Agency will notify you if the Pause Clause is activated.

Completion:

In the estimate provided for your project, we provide the estimated time it will take to be completed. This time frame may be longer if you fail to provide content in a timely fashion. Unless negotiated otherwise, Client’s response is expected within 3 working days. In the event that a client’s non-response creates repeated or large delays in projects, Agency reserves the right to end the agreement in order to ensure Agency can meet planned commitments to other clients.

Service Times:

Agency will make every effort to ensure jobs are completed within the stated time, but will not accept any liability for damages in the event of failure to do so. Should delays be experienced in the completion of an order the Client does not have the right to cancel the order, either entirely or in part. If the performance of any services is prevented or delayed by any act or omission by the Client, then Agency shall have the right to suspend performance of the services until the Client remedies any such act. In such an event, Agency shall not be liable for any costs or losses sustained or incurred by the customer as a direct or indirect result of the failure or delay to perform services.

Delays:

Illness, injury, or other events beyond Agency’s control such as: theft, fire, computer failure, and Acts of God may result in a delay of unpredictable length.

Abandoned Projects:

Agency understands that unforeseen disruptions can arise during a project timeline which may stall, halt, or cease any active project. The Client is responsible for the provision of all requested feedback and content in a timely manner, regardless of circumstances. A three-week lapse in communication (aka “project ghosting”) will constitute an attempt of project abandonment, in which case the Client will be invoiced for the services performed to date, will be required to pay the balance due on the project upfront first, in order for Agency to resume the project, plus any additional amount required to cover additional service costs. No existing discounts will be honoured, and no new discounts will be provided in the event that an abandoned project is resumed after the three-week deadline. In the event of a second attempt of project abandonment, the Client is required to pay up to an additional of 25% reactivation fee to Agency for the rescheduling of work & resources, subject to our current workload and availability. In the event that the project has been paid fully upfront by Client, Agency reserves the right to re-quote the Client based on our prevailing service rates. Any project which is abandoned 3 times indicates Client’s decision to a permanent project abandonment which will result in no refunds offered by Agency.

Warranty:

We only warrant work from us during the collaboration or engagement period. Agency does not assume liability or responsibility for any 3rd party service or products. This includes hosting companies, domain services and email services. We do not warrant any work delivered after the billing cycle or collaboration or engagement period unless agreed in writing by Agency & Client.

Preliminary work:

All designs and artworks carried out, whether experimentally or otherwise, at Client’s request shall be charged at our prevailing service rates unless by prior agreement. Agency reserves the right to use both initial creative concepts and final approved design work for the purposes of Agency’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client. Where we produce multiple creative concepts, you are entitled to choose and use only one of the concepts representing the Brief. If you wish to use additional versions, we can discuss this with you, subject to agreement on additional charges. Any other concepts not chosen by the Client remain the property and copyright of Agency.

Revisions:

Agency offers up to 3 rounds of revision for most services, upon request by Client on reasonable grounds.

Non-acceptance of work delivery by Client:

Work that is refused by you, or remains unpaid will remain Agency’s property and cannot be used in whole or in part by you or your company. Agency will not be responsible for any damage, loss or liability the client or any third party may suffer. This includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any or all service interruptions caused by Agency or otherwise.

Stock, Printing & Expenses:

STOCK PHOTOGRAPHY & GRAPHICS – They can be purchased by our team and the costs will be billed to the Client. Otherwise, the Client will be required to obtain the photos and graphics through their own means.
Any stock photography and/or graphics required for inclusion on the Client’s project or design work remain the property of Agency and may be used in multiple, separate projects commissioned by the Client.
PRINTING – If requested, Agency can print your project if discussed before the start of the project. Agency can get quotes from multiple printers and come up with the best solution for your print needs. You will be charged for the additional time and a markup fee on top of the printing costs.
EXPENSES – Agency will bill any expenses for the project to the client and will charge a markup for time on top of every expense.

Source Files:

Unless otherwise stated in our contract, charges for design work do not cover the release of copyright design files including indeed, psd, ai, or any other source files. If the client requires these files, they will be subject to a separate quote or a ‘buy-out’ charge.

Copyright:

By confirming a job with Agency, the Client declares his right to reproduce all material supplied. The Client assumes absolute liability for any violation of copyright in any action brought by a third party and agrees to indemnify Agency against any resulting losses or damages. Agency retains the copyright to all original designs and artwork produced by Agency, unless otherwise requested/agreed with the Client. Agency will, at its discretion, provide the Client with final artwork (e.g. print ready PDF). Agency does not by default provide Clients with original artwork, HTML code or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Agency.

Exclusivity:

Confidentiality:

Each party agrees to maintain the confidentiality of all confidential information disclosed during the collaboration or engagement period.

Drafts And Sign-Off:

Client appoints one point of contact who coordinates all comments, meetings and input from the company. This point of contact will be responsible for final sign-off.

Provision of Services:

The Agency shall perform the Agreement as an independent contractor and shall not be the servant or agent of the Client. The Agency shall not be liable or become involved in any disputes between Client and its clients (externally), or within the Client’s organisation/ company/ partnership (internally). In case of such disputes, the Client shall indemnify the Agency against all claims, costs, proceedings, losses, damages, expenses, or liability whatsoever arising directly or indirectly.

Indemnity:

The Agency, and any person put forward by the Agency to perform the Project, shall not be liable if the services provided or the results generated by him in the Project are falling short of the Client’s business objectives & expectations. The Client shall indemnify and hold harmless the Agency, against any and all damage, loss, claims, liabilities, expenses, demands or proceedings (including without limitation reasonable expenses of investigation and legal fees and disbursements incurred on a solicitor and client basis in connection with any action, suit or proceeding) arising out of or in connections with: (a) the performance of the Agency’s business; (b) all acts and omissions by the Agency in the performance of its business and operations

Terms and Conditions Updates:

From time to time, Agency may need to update the Terms and Conditions. The modified Terms are effective immediately when posted on our website, quotation & invoice, your continued use of our services after an update constitutes your acceptance of such modifications.