The following general terms and conditions are applicable to all projects and client accounts unless modifications are otherwise stated in your respective agreement. All new projects and accounts before or following the effective date will be required to review and acknowledge specific policies in place.
The goal of these policies is to provide a fair and formalized process for all accounts. We appreciate your review of the following.
Rates & Fees
Agency Hourly Rate: Our general agency hourly rate is $185 / hr. unless a specific account rate structure has been negotiated and implemented.
Rush Fees: Rush fees will remain the same at 1.5x the hourly rate for any creative briefed within 4 calendar days of the required delivery time.
Invoicing Terms: All invoicing remains at NET 15 unless otherwise negotiated.
Creative Retainers: Our agency offers and encourages creative retainers which will allocate dedicated resources at a reduced, preferred rate structure for 3 – 12 month commitments. If you are interested in maintaining your hourly spend, please reach out regarding a retained account setup. Additional price breaks are available based on the length of commitment.
Creative retainers provide the following on a monthly basis:
Consistently Executed Creative
Reduced Hourly Rate across any executed creative
Reduced Brand Guideline Fee (contingent on creative retainer commitment)
Dedicated Resources Familiar with your Brand
Monthly Reporting & Evaluation (upon request)
Rollover Hours (for 1 month following)
Direct & Seamless access to the JXL creative team without individual project agreements
Dedicated Creative Briefing Portal (upon request)
Monthly Billing Structure
Content Creation Fees: All contracted content production will be structured with a Pre-Production & Execution Fee, which is the direct fee towards our agency’s services, such as discovery, storyboarding, planning, filming and editing. We will no longer include or determine Production Fees (i.e. location fees, talent fees) until the storyboarding phase is complete. At this point, the client will be proposed a production plan and variable fee structure which the client may choose to accept or modify.
Communication
General Communication: All communication regarding current projects, production or meeting scheduling must be consolidated and conducted through business email, pre-scheduled meeting or phone call, or messaging service. Our team carries no obligation to answer personal messages or texts as this detracts from the focus of our agency and disorganizes our workflow by scattering information.
Operating, Creative Submission & Email Response Hours: Our official creative hours of operation are between 10am – 6pm EST, Monday through Friday, except for national holidays or pre-determined agency closure time (where clients are typically notified one month in advance). While we will honor any deadlines within our workflow, our team will not be accessible on weekends or after hours via email or phone.
Meeting Hours & ‘No-Meeting Fridays’: Meeting, video and conference calls, or creative reviews may be scheduled anytime between 10am - 2pm EST, Monday - Thursday. We will also be limited our meeting schedule on Fridays to time-sensitive communication only. While creative development and email communication remain active on Fridays, this policy aims to provide headspace to our creative teams and equal, focused, undivided attention to our partner accounts.
Communication with Client Vendors / Investment Groups: This type of communication is now considered ‘out of scope’ for all JxL scopes of work and any necessary preparation and/or participation will be considered billable at the hourly rate.
Service Updates
SERVICE UPDATES:
Website Design: We no longer offer ecommerce or back-end web development services. Front-end web design in collaboration with a development team (provided by the client) or static wireframing will be entertained on a case by case basis depending on availability of appropriate resources.
Definitions & Highlights
Please review our general definitions for a simpler understanding of our formal terms.
ADDITIONAL (REVISIONARY) ROUNDS: All projects include up to the number of revision rounds stated in your scope of work. Additional rounds are considered billable at the contracted flat or hourly rate.
ADDITIONAL WORK will be provided based on agency availability at either the flat rates described within your contract or the agency hourly rate.
CREATIVE PHASES: All creative deliveries will be communicated and follow the structure of the scope of work and allotted refinement above.
CREATIVE RETAINER: An account structure where a pre-determined number of creative hours or resource is dedicated to your brand at a preferred / reduced hourly rate, subject to 3 – 12 month commitments.
CREATIVE RIGHTS are granted upon completion of the full project and receipt of the final payment and overages.
DELAYS OR HOLDS ON CLIENT PROJECTS are subject to advancements of the following stage’s fee and/or startup commitments.
PAYMENT TERMS include acknowledgment of providing a percentage commitment to your project, having no outstanding previous invoices, and NET 15 payment terms.
REVISION ROUND: Encompasses the client’s fully consolidated feedback, agency review and scheduling, concluding with asset delivery for a next round of review. Creative hours may be billed in addition if feedback is provided piecemeal. See full terms for specific timelines.
RE-DESIGNS & RE-SHOOTS will incur restart fees, compensation and/or penalties depending on the current phase of production.
RATE STRUCTURE: Your dedicated rates are asked to be kept confidential and are exclusively tailored for your account and project.
RUSH FEES are billed at 1.5x the agency hourly rate and classified as projects granting less than 4 calendar days’ notice.
Invoicing, Contracts & Signatures
INVOICING, CONTRACTS & SIGNATURES:
Delayed Payments: JXL retains the right to place a hold on all creative projects if an outstanding invoice is late and not yet received. In the event a payment is more than 5 days late, we will need to provide focus towards the deadline of our accounts that are current.
Delayed Projects: If project progress or feedback is delayed for more than 45 Days due to a client shift in priority, the project will be archived and require a startup fee of $750 plus the remaining balance of that project or current phase. When selected for a project, we anticipate resources based on the most efficient timeframe for delivery. When projects are delayed, we are still required to compensate the resources set aside.
Contract Signatures & Deposits Required: JXL is not obligated to commence work on any project until any requested document review, signatures, and/or monetary deposits are made to our agency.
Definitions & Highlights
Please review our general definitions for a simpler understanding of our formal terms.
ADDITIONAL (REVISIONARY) ROUNDS: All projects include up to the number of revision rounds stated in your scope of work. Additional rounds are considered billable at the contracted flat or hourly rate.
ADDITIONAL WORK will be provided based on agency availability at either the flat rates described within your contract or the agency hourly rate.
CREATIVE PHASES: All creative deliveries will be communicated and follow the structure of the scope of work and allotted refinement above.
CREATIVE RETAINER: An account structure where a pre-determined number of creative hours or resource is dedicated to your brand at a preferred / reduced hourly rate, subject to 3 – 12 month commitments.
CREATIVE RIGHTS are granted upon completion of the full project and receipt of the final payment and overages.
DELAYS OR HOLDS ON CLIENT PROJECTS are subject to advancements of the following stage’s fee and/or startup commitments.
PAYMENT TERMS include acknowledgment of providing a percentage commitment to your project, having no outstanding previous invoices, and NET 15 payment terms.
REVISION ROUND: Encompasses the client’s fully consolidated feedback, agency review and scheduling, concluding with asset delivery for a next round of review. Creative hours may be billed in addition if feedback is provided piecemeal. See full terms for specific timelines.
RE-DESIGNS & RE-SHOOTS will incur restart fees, compensation and/or penalties depending on the current phase of production.
RATE STRUCTURE: Your dedicated rates are asked to be kept confidential and are exclusively tailored for your account and project.
RUSH FEES are billed at 1.5x the agency hourly rate and classified as projects granting less than 4 calendar days’ notice.
General Project Terms & Conditions
REVISIONS, RE-DESIGNS & CHANGE OF DELIVERABLES: Respective pricing is all-inclusive of the listed set of deliverables within your scope of work unless otherwise noted. Each round of creative included within this agreement will be clearly communicated, labeled, and declared as delivered via email and/or file transfer link so that both the client and JXL may navigate the scope of work phase by phase. A SINGLE REVISIONARY OR REFINEMENT ROUND IS DEFINED AS a stage that encompasses receiving one consolidated round of written and/or verbal feedback from the client, a review and timeline for execution as determined by the agency, and a specified, labeled delivery of revised assets by the conclusion of said timeline. While we encourage consolidated feedback for time and resource efficiencies, any feedback provided between the initial review of the previous creative round up until 24 hours before the delivery of the revised assets will be executed under that revisionary round. Once any revisions are complete and a delivery link is provided, this will complete the respective revisionary round and be counted against your allotted number of refinements. Revisions are determined at the pure discretion of JXL and generally include but are not limited to minor and moderate consolidated graphic design changes, changes to copy, using alternate photography, exploring alternate color or other treatments, photo and video editing, providing additional or adjusting copy and title cards, the request of additional (or fewer) graphics or footage, and working within the current design provided. The number of revisionary rounds is to be provided as described in the scope of work, while additional revisionary requests outside of this scope are subject to the agency hourly rate or flat rate per round within this agreement and will be invoiced separately from the primary charges within this agreement. This pertains to all work that is considered “out of scope” due to either change in client direction or unforeseen circumstances and will be quoted appropriately.
RE-DESIGNS AND RE-SHOOTS are considered any major modifications that negate, partially or completely step outside the initial design or composition provided or require additional hours beyond the determined scope of work. In these instances, JXL will impose a $650 restart fee for graphic design and artworking changes that are beyond a manageable or revisionary scope for the current project and timeline. Re-Designs are considered as such during any phase beyond initial conceptualization and creative sign-off. Re-shoots for any photo or video production will also impose a restart fee of 25% of the total contracted amount in addition to the cost of any production-related costs such as studio locations, talent, hair and makeup and other variable needs. The client will be responsible for any previous and following production-related fees associated with the unusable shoot.
Additional work includes but is not limited to sales and collateral design, print artworking, photography and video content creation. Each communication relaying revisions on a specific deliverable thereafter or additions to the original scope will be documented, dated, and billed at an agency hourly rate of $185 / hour or a flat fee.
PAYMENT TERMS & DEPOSITS: JXL is committed to begin work and will require a commitment from the client as well. Payment terms are NET15 upon receipt of invoicing, which will be provided immediately following the completion of each project stage or milestone. In additional, the client along with its parent or subsidiary companies must be current and paid of any outstanding invoices before this agreement will commence. For any additional work, all payments can be submitted via check to JXL CREATIVE LLC, 406 7th St. East Northport, NY 11731 United States of America, via ACH/Direct Deposit (bank information available upon request) or via PayPal to ap@jjjxlll.com (subject to 3% processing fee).
DELAY OR TERMINATION OF PROJECT: If a project is delayed or paused beyond 30 days from JXL’s last submission of work or client instruction without prior communication or an agreed upon pause in timeline, the client will be responsible for making payment in full for the current phase as a reasonable commitment towards completion of the project and contract. In the event that JXL fails to provide a complete and/or timely delivery of final assets to the client within a 30 day window of the previously agreed delivery date and without prior communication, explanation of delay or otherwise reasonable efforts to obey project timelines, JXL will be obligated to proceed and provide all completed assets along with a credit or deduction of $750 back to the client for every 15 day delay incurred beginning from the originally promised delivery date. If the project is delayed or paused beyond 45 days by the client, an additional startup commitment of $750 along with complete payment of the current or previous phase will be required to secure creative resources toward completion of the project and revisit adjustments to shifts in the scope of work. Similarly, JXL will be responsible for applying a $750 credit or deduction to the project total if creative fails to be delivered for a 45 day period of time. If however due to client circumstances the project is communicated within that timeframe that it may no longer continue, the client will be responsible for payment in the full amount of the current stage of development or 50% of the sole project total (if a single phase project). In the occurrence of any of the aforementioned scenarios, both parties agree to communicate collaboratively towards next steps and a revised mutually beneficial project timeline. In the instance of content production and maintaining project timelines, any delay of communication as deemed so by JXL that requires the approval or purchases to be made may be subject to additional fees to cover expedited shipping or materials, premiums or fees associated with transport.
SCHEDULING & RUSH FEES: Our official creative hours of operation are between 10am – 6pm EST, Monday through Friday, except for national holidays or pre-determined agency closure time (where clients are notified one month in advance). Our team will not be accessible on weekends or after hours via email or phone. Rush fees for expedited work under this agreement are charged at a rate of 1.5x per hour from the client’s retained allotment. A rush job is considered any job that provides fewer than 4 calendar days for execution. If a client schedule, review, feedback, submission date or other communication is delayed or switched in accordance to our scheduled timelines by more than 5 days, JXL will work with the client at its best capacity to adjust resources to meet adjusted or delayed timelines but is no longer liable toward any delivery dates established outside of this agreement and will need to coincide with JXL’s schedule and client workflow.
CREATIVE RIGHTS: The client will possess full usage rights and ownership of final and approved creative provided by JXL including packaging label mechanicals or hi-res JPGs, PNGS, or other imagery. The client’s rights to final creative will be granted once final payment of the respective creative phase is made in full. JXL reserves the right to reasonably share and promote the client’s approved creative on their own social and web presence once either final payment of the agreement has been made and/or the client has publicly shared any creative assets on their online channels first. Working editable files (such as Adobe Photoshop or Illustrator Files) will not be provided to the client unless a license fee is paid for their ownership.
LIABILITY WAIVER: The client releases and agrees to hold harmless JXL and its designers and photographers, his or her assignees, licensees, successors in interest, legal representatives and heirs from any liability out of any act of omission, changes to creative direction via design or content, or any other errors by way of JXL’s execution once final approval has been granted to a particular stage of development either verbally or by written confirmation. No member of JXL shall be personally liable by reason of any contract or other instrument executed by such member for any mistake of judgement made in good faith.
TERMINATION & PHASED-EXIT: This Agreement may be subject to termination in the discretion of either party (JXL or the client) by notice given to the other party prior to asset delivery or payment for the security of any creative phase, if at any time prior to such delivery and payment JXL experiences, including but not limited to, the neglect of timely payment or communication, neglect to communicate or delivery creative assets, unreasonable execution of creative exploration, the unreasonable request for revision without compensation or consideration of allocated hours, unreasonable timelines or failure to provide clear and concise direction on a particular phase resulting in mis-allocation of creative hours spent.
THE CLIENT also retains the right to terminate and exit the existing agreement for reasons of unsatisfactory progress, non-performance, inefficiency, breach of trust, discontinuance of business, company shift in priority or other circumstances at the completion of any particular phase or refinement round and before entering a new phase. The work within that phase or round must still be completed by JXL if requested by the client with all working files to be surrendered to the client. The client must make payment for any and all work completed through the current phase or round of work.
As an alternative to full renewal or immediate termination of this agreement, the client may elect, by providing JXL thirty (30) days’ notice in writing, to enter into a phased termination / exit period or strategy. Such period shall commence on the date when the client notifies JXL that they will no longer find it within their best interest to continue working through this scope of work. However, all iterations, artwork, and creative performed, including the latest working files and their rights to usage will remain available to the client. JXL will also facilitate the transfer of materials and communication if the client chooses to migrate to an alternate vendor before this scope of work has concluded. There will be no additional fee implemented other than the remainder of the current phase being provided. During the phased termination, all provision of this agreement shall remain in force in respect to JXL’s original scope of work.
If due to circumstances classified as an “ACT OF NATURE” including but not limited to power outages, natural disasters, viral spread and disease, or other acts preventing the execution and completion of a creative delivery and/or placing any members of this or partnering agencies at risk, the client will be obligated to remain within contract as long as JXL remains able to execute all content within the standard and scope of delivery. Any non-refundable monetary commitment will remain non-refundable unless JXL is no longer able to execute creative due to these circumstances and/or the client does not possess flexibility in their delivery schedule, in which case JXL will award the client compensation equal to that of the value of the uncompleted phase.
PRICING STRUCTURE & CONTINUED RELATIONSHIP: Because JXL understands the value of the relationship with the client, the following rates and/or structure are asked to be kept confidential and noted as exclusively proposed for this agreement and project only. The client also agrees that JXL will be given the first and fair option to bid on any subsequent work related to this scope of services. If due to circumstances on the client side the retainer can no longer continue, the client will remain responsible for payment in the full amount of any outstanding production costs, material costs, or additional overage hours accrued outside the monthly allotment.
