How We Work Together

A financial and business policies disclosure to help us better achieve your goals.

These policies – as well as their open disclosure to you – are intended to establish and maintain the most ethical, predictable and smoothly-running business practices to protect everyone’s interests. No other previous policies or past business agreements are valid except for those contained within this Disclosure. We recommend that you read and understand them thoroughly as they are the legal foundation of our business practices. The following policies are effective 15 November 2019 and shall remain so until canceled or revised by later Firebrand Design & Business Solutions Financial & Business Policy Disclosures.

We look forward to working with you!

First Policy

We always work to assure that our strategic communication programs are effective and achieve our client’s goals.

Ownership of Materials

Unless otherwise specified, the approved concepts, designs and writings created through services or contained within materials that Firebrand has been contracted for by a client becomes the client’s property upon full payment.

Prior to full payment, all copyrights, trade names, trademarks, service marks, patents and other rights belong to Firebrand.

Photographers, illustrators and other similar artists contract for specific legal rights to use their images and works. Firebrand cannot release any property to a client that may be subject to these conditions. This includes original photographs, illustrations or similar items actually owned by the artists. Transfer of ownership in these cases may only be signed-away by the artists themselves.

Should a client desire ownership extended or unlimited rights to a photograph, illustration or similar work, Firebrand can negotiate for those rights on the client’s behalf.

Any concepts, designs or writings which aren’t accepted by a client remain the property of Firebrand. (Please see policy on Preliminary Concepts.)

In the event that Firebrand sustains a financial loss as the result of a claim, lawsuit or legal proceeding brought against a client as a result of the publication, reproduction or broadcast of material which the client approvedof and authorized Firebrand to produce for them, the client agrees to indemnify Firebrand for any such losses.

A client will indemnify Firebrand against all claims and expenses – including reasonable attorney’s fees – due to uses for which no release was obtained in writing or for uses which exceed authority granted by a release.

Pricing

Firebrand offers both hourly and flat-rate pricing, based on the project and client circumstance. Prices are to be mutually agreed upon at the start of a project.

Flat-rate project prices are estimated and based upon the following seven criteria:

  1. Fair market value.
  2. Available budgets.
  3. Usage and scope of exposure.
  4. Turnaround time (with overnight, weekend, holiday, rush or same-day service taken into account).
  5. Quality, quantity, and price of materials required.
  6. Complexity of project.
  7. Organization and management of project.

It’s been our experience that offering our products and services on a flat, per-project pricing to be the simplest and fairest system.

There’s subsequently no opportunity for upsets or unpleasant surprises with flat fees which have been negotiated and mutually agreed upon in advance.

It’s the easiest way to assure happy, satisfactory business relationships.

Any services or materials requested by a client after a purchase price has been agreed upon – such as changes or modifications – will be billed in addition to the original amounts approved.

(Please see policy on Client Satisfaction, Changes & Corrections.)

The fees and billing terms for each project are described in each project estimate. Firebrand reserves the right to not begin, complete or deliver any work until the appropriate fees are paid according to the indicated terms.

If projects are canceled or postponed prior to completion, the client will be responsible to pay appropriate charges. (Please see policy on “Kill” Fees.)

Contingencies

Since it’s impossible to predict total fees in many instances with absolute accuracy, a stated contingency percentage will be allowed at 15%. Client approval shall be required for fees that exceed the allowed contingency. (For example, photography or printing.)

Preliminary Concepts

Preliminary concepts, strategies, ideas and/ or artwork created by Firebrand in the course of developing the client’s project remain the property of Firebrand.

Rights to the selected concepts and strategies transfer to the client upon full payment.

Unauthorized use of preliminary concepts or strategies are expressly prohibited. The minimum fee for unauthorized use shall be $25,000.

Portfolio Usage

Firebrand reserves the right to use any work it may produce for a client as samples, which Firebrand may use or reproduce in any reasonable way for its self-promotional needs.

Bylines

Firebrand and any other creators shall reserve the right to receive a credit line on any work – where appropriate – along with a copyright notice.

Sales Tax

Florida State Sales Tax will be charged appropriately on all taxable work performed by Firebrand.

This policy will be governed by laws and regulations of the Florida Department of Revenue.

“Kill” Fees

If, for whatever reason, a client chooses to cancel or postpone work on a project – they’re liable to pay Firebrand a “kill” fee of not less than 50% of the entire project price – regardless of when the order to stop work occurs.

If the order to cancel or postpone work comes near the completion of a project, or after the work is completed but not yet delivered, the client is liable to pay Firebrand not less than 100% of the entire project price.

Change Orders

Should the scope of a project increase or change after the date of agreement of the purchase price, Firebrand will send the client a change order.

This will detail, as much as possible, the effect or forecasted changes on the purchase price and/or schedule.

Change orders may include:

  • Additional fees initiated at the client’s request or made necessary by conditions beyond the control of Firebrand.
  • New concepts after the presentation of preliminary layouts.
  • Design revisions after comprehensive layouts.
  • Copy revisions after the final draft.
  • Revisions to any digital art after the completion of the digital file.
  • Revisions to photography, Illustrations or broadcast production assignments after the work is in progress.
  • Any deviations from the agreed-upon schedule.

If the scope or nature of a project changes to such an extent that the original specifications, confirmation or proposal no longer applies, new financial agreements must be made.

Deadlines and Schedules

Firebrand prides itself in its efforts to maintain strict adherence to our client’s deadlines and schedules. Every effort will be made to provide services and materials so they’ll coordinate with publication close-dates, broadcast air-dates, tradeshow events, and other deadlines.

Firebrand will not be held accountable for changes in schedules that are beyond our control or are as a result of delays in receiving approvals, payments, information or materials from a client or their agents with regards to projects.

If a client requests services or materials to be completed on a faster-than-normal or agreed- upon basis, additional costs incurred may be reflected in Firebrand billings.

Unforeseen or unavoidable delays, not caused by Firebrand’s negligence, shall not constitute a breach of any agreement between Firebrand and its client.

Outside Services and Materials

Firebrand generally prefers to coordinate such items as photography, illustration, design, coding, printing, production, fabrication, media space or time, and purchases relating to a client’s project.

This places responsibility with Firebrand and gives the client the advantage of having us involved in making sure outside contracts are handled consistently with the intention of the overall project. 

Negotiation with Service Providers

In negotiating fees and conditions with photographers, illustrators and other suppliers, Firebrand acts as an agent of the client, and the client shall be responsible for honoring agreements that arise from these negotiations.

Printing

It’s customary in the printing industry that jobs may be overrun – or in some cases, shorted – by a margin of 10%. In these cases printing fees are billed accordingly.

Client approval is required on all printing jobs – either at the blueline or color proofing stages.

Payment

Payment schedules follow a progressive-billing model outlined in the project estimate.

In all cases, projects require a non-refundable 50% down payment upon approval of the estimate, timeline and terms before work will begin.

Invoices unpaid after 30 days are subject to a 1.5% per month rebilling fee (18% per annum) – as well as an additional $20.00 per month late fee.

Charging rebilling fees and late fees doesn’t indicate that we have agreed to extend terms. All Firebrand invoices remain payable as originally indicated.

If, after a reasonable period of time, payment isn’t forthcoming, Firebrand will seek payment through legal and other collection actions.

Should Firebrand be forced to retain attorneys to collect on invoices, their fees and all court costs that may be necessary – as well as rebilling fees – will be paid by the client.

Conflict

Firebrand reserves the right to refuse to be involved with any project which, in its management’s judgment, would be illegal, fraudulent, unethical, or in some other way harmful to the best interests of the client, Firebrand, or others.

Agreement to These Conditions

The terms and conditions as outlined in this Disclosure forms the general agreement and foundation for a client’s working relationship with Firebrand.

It’s assumed that in hiring Firebrand, a client agrees to all the terms and conditions as specified in this Disclosure – and isn’t to be modified or altered in any respect except by written addendum.

Agreements between Firebrand Design & Business Solutions Inc. shall be interpreted using Florida State Law. The venue for any legal proceedings shall be the Pinellas County Clerk of the Circuit Court and Comptroller.

If any provision in this Disclosure shall be held to be invalid, illegal or unenforceable – the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Firebrand generally prefers to coordinate such items as photography, illustration, design, coding, printing, production, fabrication, media space or time, and purchases relating to a client’s project.

This places responsibility with Firebrand and gives the client the advantage of having us involved in making sure outside contracts are handled consistently with the intention of the overall project.

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Location

136 Philippe Grand Ct
Safety Harbor, FL 34695

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Hours

Monday-Friday
9:00 - 5:00pm ET

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