
General Terms and Conditions
Butterfly Professional Services Terms and Conditions
The below contains Butterfly Professional Services’ general terms and conditions. Please take time to read our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting services from Butterfly Professional Services, you agree to our Terms and Conditions, and you are aware that you are entering a binding contract – payment is required.
Quotations
Quotations are generated by Butterfly Professional Services based on the initial discussion and expected time investment. Quotations are subject to change if additional work is required. All time-based quotations are estimates and are based on calendar working (business) days. No quoted project delivery dates are guaranteed, and delivery dates can vary.
Payment
Butterfly Professional Services reserves the right to request a deposit from the Client prior to starting work on their project. If a deposit is requested by Butterfly Professional Services, an invoice will be generated and delivered to the client via email and payment is expected. By remitting deposit funds to Butterfly Professional Services, the Client is accepting the Terms and Conditions and entering a contract with Butterfly Professional Services.
If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from Butterfly Professional Services.
Butterfly Professional Services will invoice the Client for the remaining cost of the services upon project completion.
Butterfly Professional Services reserves the right to invoice prior to project completion if the Client has been uncontactable / unresponsive for more than 30 days.
Butterfly Professional Services reserves the right to invoice for work completed if the project exceeds 60 days.
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The Client reserves the right to request a payment plan which may be accepted by Butterfly Professional Services at its discretion. All payment plans must be agreed to by both parties in writing.
All payments are to be made within 30 days of invoicing.
Butterfly Professional Services is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid for more than 30 days.
Cancelation and Variation Policy
Butterfly Professional Services reserves the right to charge additional costs if the Client requests amendments to the original agreed upon draft or another project component.
If the Client requests the cancellation of a Contract, Butterfly Professional Services will determine the cost of services already provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
Butterfly Professional Services will declare a project completed if no response is received from the Client within 30 days of providing a concept outline, a written draft, or other components. Butterfly Professional Services will then invoice the Client for final payment of total project and non-payment will result in collection processes. Butterfly Professional Services may also take legal action to recover all money owed.
Approving Drafts / Proofs
The Client is responsible for approving all proofs / drafts and ensuring accuracy and suitability. This includes, but is not limited to: design, spelling, grammar, illustrations, and images. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
Limitation of Liability
The Client agrees and accepts that Butterfly Professional Services is not legally responsible for any loss or damage suffered or incurred related to use of any of Butterfly Professional Services’ services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by Butterfly Professional Services. The Client’s use of, or reliance on, any information or materials Butterfly Professional Services produces, amends or designs is entirely at your own risk, for which we shall not be liable.
It shall be the client’s own responsibility to ensure that any products, services, or information Butterfly Professional Services uses meet their specific requirements.
The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of Butterfly Professional Services for any such inaccuracies or errors to the fullest extent permitted by law.
Copyright
Ownership of copyright over all concepts and drafts remains with Butterfly Professional Services. This includes, but is not limited to: outlines, drafts, content, copy, training guides, and written materials. Unlawful use of these items by the Client is strictly prohibited. The use of materials prior to payment is prohibited.
Materials produced will remain the property of Butterfly Professional Services until the account is paid in full. Upon full payment of the account, copyright ownership will be transferred to the Client. Butterfly Professional Services retains the right to utilize final products for portfolio/self-promotion.