Project Terms & Conditions

Thank you for your interest in working with Superminted! We work well with our Clients because our relationships are based on honesty and trust, but all work needs guidance in the form of Project Terms and Conditions.

Here are ours – please read them because it’s important that you know what we charge for and why we charge it, why certain copyright files are not released by us and also what charges you might incur for late payment, additional work or copyright releases. If you have questions, we’ll be happy to address them. We look forward to co-creating with you.

 

1. DEFINITIONS

In these Project Terms and Conditions, the following words shall carry the following meanings:

Superminted

Superminted Pte Ltd (UEN 201702813D) of 1008 Toa Payoh North #02-09/14 Singapore 318996. Also referred to as the Agency in these Project Terms and Conditions.

Client

Any individual who acquires Superminted’s services wholly or predominantly for personal, domestic or commercial use. It can also be used interchangeably with any person or entity requesting Superminted to provide services.

Products or Services

Any product or service that is provided by Superminted to the Client

Contract

The agreement formed between the Client and the Agency when a service or job order is received from the Client. A service or job order may be in written, verbal or electronic form.


2. APPLICATION OF PROJECT TERMS AND CONDITIONS

These terms and conditions apply to the provision of services by Superminted to the Client.

Superminted reserves the right to amend these terms and conditions without notice. The most up to date Project Terms and Conditions are available to be viewed on our website (www.superminted.com/project-terms-conditions) and it is the responsibility of the Client to make themselves aware of any amendments.

All enquiries and orders received by word of mouth, telephone, email, social media direct message, text or letter to purchase a service shall be deemed as acceptance of these Project Terms and Conditions.


3. COMMUNICATION

Superminted’s preferred method of communication is by email. Emails shall be deemed as received on the date they were sent. It is the responsibility of the Client to provide accurate contact details.

All invoices and quotations will be sent by email and shall form a legal document as if they were sent by traditional post/mail.

The project kickoff sessions, discovery processes, audit processes, strategy and planning sessions, pre-production processes and/or concept presentation, review and approval processes will be undertaken directly with the Client by email, telephone conferencing, social media or video call communication.

Clients must appoint a representative who has complete authority to provide instructions to Superminted and be available to respond to requests for feedback until such time that Superminted has completed the stipulated services to the Client.


4. PROJECT ACCEPTANCE

At the time of proposal, Superminted will provide the Client with a written estimate or quotation by email. All rates quoted are specific to the project scope and must not be carried over into any other concurrent projects handled by Superminted.

A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Superminted.

Alternatively, the Client may send an official purchase order in reply to the estimate or quotation which binds the Client to accept our Project Terms and Conditions, or an email acknowledging acceptance of the quotation. For the avoidance of doubt, the Superminted’s Project Terms and Conditions are what govern the job, not any conditions on the Client’s purchase order.

All work carried out by Superminted is on the basis that Client has agreed to these Project Terms and Conditions.


5. PROJECT CHARGES

Charges for services to be provided by Superminted will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of the Project Terms and Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all services require an advance payment of a minimum of 50% of the project quotation total before the work commences or is supplied to the Client for first review.

The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. In addition, a project is deemed to be completed if the Client does not respond or indicate a need for project-related revisions within a reasonable duration of seven (7) working days. Under such circumstances, the remaining 50% of the project quotation total will be due.

For prolonged projects i.e. exceeding three (3) months and beyond, Superminted may bill for all work done periodically unless otherwise agreed with the Client.


6. ACCURACY OF QUOTATIONS

The accuracy of quotations are based on the specifications of products and services to be delivered. This will be agreed upon and approved by the Client before the work/project commences.

As a general rule of thumb, quotations exclude but are not restricted to out of pocket expenses such as transport for site recce-ing, logistical arrangements, talent fees, loading fees, flights and/or accommodation for crew, talents and/or employees of and subcontracted by Superminted, unless otherwise stated in the quotation.


7. SUBCONTRACTING

Superminted reserves the right to subcontract any service that the Agency has agreed to perform for the Client as deem fit.

 

8. SOURCE FILES

Design Work

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to .indd, .psd, .ai, .png, .fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge. ‘Buy-out’ charges vary from project to project and will be determined on a needs basis.

Video Production

The raw footages, audio files, remain the property of Superminted unless agreed upon expressly in writing between the Agency and the Client for the procurement and purchase of all raw footages, at a rate of SGD500 for every 100Gb of data consolidated and to be provided to the Client by Superminted in the form of an external hard drive, or otherwise.


9. CHARGES FOR SHORT TURNAROUND SERVICES

The acceptance of projects requiring quicker turnaround times are subject to Superminted’s availability and should not be presumed unless specifically obtained in writing. An additional 50% to 200% on top of the standard fee will be applied for such express services. The percentage of such fees will be determined based on the complexity and/or urgency of the project.


10. CHARGES FOR OTHER SERVICES

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.


11. PAYMENT

The Client will be provided with an Approval Form (aka Sign-Off Sheet) or Proof Email, and an Invoice prior to final publication. At this time, the remainder of the amount due will become payable and the Client will also be required to sign and return the Approval Form or signify approval by email to Superminted.

The balance will be payable within 30 days of the final delivery of materials. Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding after the due date of invoice, will incur an additional 10% late payment interest charge as of the invoice total for every block of 30 days after the invoicing date.

Payments may be made by online bank transfer, credit card (Visa, Mastercard) or debit card.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should be sent by registered mail.

Publication and/or release of work done by Superminted on behalf of the Client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of SGD100 per returned cheque. Superminted reserves the right to consider an account to be in default in the event of a returned cheque.

Superminted reserves the right to withhold all recordings and finished works and use any or all parts of partial or finished works for display, promotional or commercial purposes.

 

12. DEFAULT

An account shall be considered default if it remains unpaid after the due date of invoice, or following a returned cheque. Superminted shall be entitled to remove Superminted’s and/or the Client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, subcontractors, printers, photographers and libraries.

Removal of such materials does not relieve the Client of its obligation to pay the due amount.

Clients whose accounts become default agree to pay all Superminted’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Project Terms and Conditions.

 

13. COPYRIGHT AND TRADEMARKS

By supplying text, images, and other data to Superminted for inclusion in the Client’s marketing materials, video, website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

Any artwork, image, or text supplied and/or designed by Superminted on behalf of the Client, will remain the property of Superminted and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose.

The Client may request in writing from Superminted, the necessary permission to use materials (for which Superminted holds the copyright) in forms other than for which it was originally supplied, and Superminted may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the Client, not Superminted. By supplying images, text, or any other data to Superminted, the Client grants Superminted permission to use this material freely in the pursuit of the design.

Should Superminted, or the Client supply an image, text, video clip, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Superminted to remove and/or replace the file on the site.

The Client agrees to fully indemnify and hold Superminted free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

 

14. ALTERATIONS

The Client agrees that either of the following situations will be liable to a separate charge:

a. Changes required over and above the estimated work, or in addition to the agreed scope;

b. The Client makes changes to the supplied copy; and/or

c. Changes required to be carried out after acceptance of the draft design.

The Client also agrees that Superminted holds no responsibility for any amendments made by any third-party, before or after a design is published.

 

15. LICENSING

Any concept, design, drawing, copywriting, digital content or code created for the Client by Superminted, or any of its subcontractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the expressed written consent of Superminted and any of its relevant subcontractors.

All design work, where there is a risk that another party may make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Superminted will not be held responsible for any and all damages resulting from such claims.

Superminted is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Superminted responsible for any such loss or damage.

Any claim against Superminted shall be limited to the relevant fee(s) paid by the Client.

 

16. DATA FORMATS

The Client agrees to Superminted’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Superminted in electronic format as standard text (.txt), MS Word (.docx) or via email/FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by Superminted via email/FTP.

Images must be of a quality suitable for use without any subsequent image processing, and Superminted will not be held responsible for any image quality which the Client later deems to be unacceptable. Superminted cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images or digital media.

 

17. PROJECT DURATION

Any indication given by Superminted of a project’s duration is to be considered by the Client to be an estimation. Superminted cannot be held responsible for any project overruns, whatever the cause.

Estimated project duration should be deemed to be from the date that cleared funds are received by Superminted for the initial payment or by date confirmed in writing by Superminted.

 

18. COPYWRITING OR COPY EDITING

Superminted considers the copywriting or copy editing project complete upon delivery of the final draft. Other services such as printing, publishing, website development etc. either contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.

 

19. GRAPHIC DESIGN

Superminted considers the design project complete upon delivery of the final artwork file. Other services such as printing, fabrication, film-work, website uploading, publishing, etc. either contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.

 

20. BRAND STRATEGY AND IDENTITY DEVELOPMENT

Superminted considers the branding project complete upon delivery of the specified branding document, and receipt of the Client’s acknowledgement via email or other written format. Other services such as printing, fabrication, film-work, website design, development and/or publishing, etc. contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.

 

21. PUBLIC RELATIONS AND MARKETING COMMUNICATIONS MANAGEMENT

Superminted considers the public relations and marketing communications management project complete upon supply of the specified deliverables such as press releases, media boilerplate statements, advertising campaign summary reports, etc. and reaching the end of the stipulated campaign duration. Other services such as media follow ups, crisis management, etc. that extend beyond the intended campaign duration constitute a separate project and can be treated as a separate charge.

 

22. DIGITAL ADVERTISING, CONTENT MARKETING AND/OR SOCIAL MEDIA MANAGEMENT

Superminted considers the digital advertising, content marketing and/or social media management project complete upon supply of the specified deliverables such as ad visuals and/or videos, content visuals and/or videos, captions, articles, campaign or management summary reports, etc. and reaching the end of the stipulated campaign or management duration. Other services such as community management, etc. that extend beyond the intended campaign duration constitute a separate project and can be treated as a separate charge.

 

23. VIDEO PRODUCTION AND VIDEO EDITING

Superminted considers the video production project complete upon delivery of the final master file.

Reviews

Superminted will honour the number of review cuts as specified in the quotation. Where changes must be made, Clients must notify Superminted of such proposed changes within three (3) working days. If the project requires more than the number of review cuts specified in the quotation, the Client may request for additional review cuts at the prevailing fee per review cut. By agreeing to these Project Terms and Conditions, the Client acknowledges that some proposed changes may not be feasible or executable.

Cancellations and Postponements

In the event that the Client wishes to cancel or terminate any video production project after acceptance of the quote, a cancellation fee of 70% of the full fee will remain chargeable. If a partial amount has been paid upfront, the remainder amounting to 70% of the full invoiced amount will remain chargeable.

Any postponement or cancellation of production days within 72 hours of camera roll by Client will be subject to 100% of production costs – production costs being the engagement of crew services, rental of filming equipment and/or vehicles, talent costs and location fees. This is regardless of force majeure or a talent’s unexpected illness.

Both Superminted and the Client must come to an agreement on the termination of the production in order for the termination to formally proceed.

Clients may avoid postponement fees if rescheduling of production days are made at least seven (7) working days before camera roll.

Force Majeure

In the event that Superminted is unable to carry out any obligation under the quotation either in whole or in part because of factors outside its reasonable control, including without limitations: fire, flood, storm, unfavourable weather conditions, natural disasters, explosion, accidents, road closures, war, terrorism, sabotage, epidemic, quarantine restructure, labor dispute or shortage, act or omission of any third person or public authority, then Superminted’s obligations will be suspended for the duration of the event or waived to the extent applicable.

Wherein the production days selected by the Client coincide with events of force majeure, the Client shall be liable for 100% of production costs including but not limited to the engagement of crew services, rental of filming equipment and/or vehicles, talent costs and location fees.

Overruns and Underruns

Where the production exceeds the stated number of production day(s) – where one shoot day is a maximum of 10 hours including breaks – any overtime incurred will be chargeable at 1.5 times the hourly rate of crew members, to be paid by the Client.

Where a production is completed earlier than anticipated, there shall be no compensation from Superminted to the Client.

Recorded Materials

Rights to final deliverable video files will belong to the Client as specified in the quotation, either for traditional broadcast (TV, cinema), social media broadcast (Facebook, YouTube, Instagram, Vine), Above The Line marketing or Below The Line marketing, Out-of-Home media, or whichever that Superminted and the Client have agreed upon. Any other form of the video’s display shall be left to the discretion of Superminted and the Client.

 

24. WEBSITE DESIGN AND DEVELOPMENT

Website Design Only

Superminted requires that the website design be approved by the Client before coding of a site commences. Once the design(s) for the web site are approved by the Client, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, Superminted will provide the Client with the opportunity to review the resulting work. Superminted will make one round of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any need for such minor changes can be made known to Superminted by email.

Superminted will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the Client, within 14 days of the start of the review period.

Rights of Access for Website Development

The Client agrees to allow Superminted all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The Client also agrees to allow Superminted access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Project Terms and Conditions.

The Client agrees to supply Superminted with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Domain Registration

Superminted cannot guarantee the availability of any domain name. Where Superminted is to register a domain name on behalf of a Client it will endeavour to do so but the Client should not assume a successful registration.

Hosting Websites

Superminted offers a limited hosting service through an outsourced virtual server. Superminted does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Superminted may request that Clients change the type of hosting account used if that account is deemed by Superminted to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.

Fees for hosting on Superminted’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third-party hosting organisations are the responsibility of the Client and Superminted will not be liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client/domain owner.

 

25. RIGHTS OF REFUSAL

Superminted will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Superminted also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Superminted does include in all good faith, and subsequently discovers is in contravention to such Project Terms and Conditions, the Client is obliged to allow Superminted to remove the contravention without hindrance, or penalty. Superminted is to be held in no way responsible for any such data being included.

 

26. CREDITS

The Client agrees to allow Superminted to place a small credit on printed material exhibition displays, advertisements and/or a link to Superminted’s own website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The Client also agrees to allow Superminted to place artwork designs, photography, video content, websites and other creative works completed by Superminted, along with a link to the Client’s site on Superminted’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

 

27. CANCELLATION

Cancellation of projects may be made initially by telephone contact, or email. However, following this, Superminted will need formal notification in writing to the company’s postal address. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering.

The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Superminted within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

28. DISCLAIMER

Superminted makes no warranties of any kind, expressed or implied, for any and all products and/or services that it supplies. Superminted will not be held responsible for any and all damages resulting from products and/or services it supplies. Superminted is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Superminted responsible for any such loss or damage. Any claim against Superminted shall be limited to the relevant fee(s) paid by the Client.

Superminted reserves the right to use the services of subcontractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Superminted will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

Superminted and its Clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Superminted recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

 

29. GENERAL

These Project Terms and Conditions supersede any previous terms and conditions distributed in any form. Superminted reserves the right to change any rates and any of the Project Terms and Conditions at any time and without prior notice.

 

30. ACCEPTANCE OF PROJECT TERMS AND CONDITIONS AND QUOTATION

The placement of an order for design and/or any other services offered by Superminted, by email, verbally or in writing, is deemed to be in acceptance of these Project Terms and Conditions.

An estimate validated by the Client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Project Terms and Conditions and forms a Contract for Business between the signatory and Superminted.