How we work together.

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 27 January 2022 and shall remain so until canceled or revised by later Firebrand Design & Business Solutions Financial & Business Policy Disclosures.

When you hire Firebrand, a copy of these policies will be sent to you for signature.

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.

No Verbal Agreements

There’s a saying: “If it’s not written, it’s not true.” Any agreements entered into between Firebrand and its clients are to be written. We will provide estimates in writing for approval prior to the start of any work and all estimates must be signed before work begins. Any verbal agreements must be put into writing or said agreements will not be accepted by Firebrand’s financial or legal departments.

Quotes / Pricing

Firebrand offers most of its products and services at an hourly rate pricing model. When applicable and appropriate, Firebrand may offer a project rate pricing model, depending on the service provided.

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.

In either model, a quote is provided to the client for approval before any work begins. If the quote is based on an hourly rate, Firebrand will notify a client ahead of time if the project is trending to go over the original quote.

We find this is 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% for projects under $7,500, 10% for projects $7,500 to $50,000, and 5% for projects over $50,000. Client approval shall be required for fees that exceed the allowed contingency.

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.

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.

Client Satisfaction, Changes and Corrections

Firebrand pledges to take whatever means necessary – within reason – to maintain a client’s satisfaction in their decision to hire us.

After the initial presentation of work, minor revisions, at Firebrand’s discretion, may be taken on as a token of fair and ethical business exchange.

However, if such changes or corrections should prove extensive, Firebrand reserves the right to renegotiate and/or assess additional charges.

Furthermore, the client shall offer Firebrand the first opportunity to make any such changes or corrections.

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. All projects under an active NDA will not be posted.

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. Common examples of this would be website development work and photography. We will not add credit lines to marketing collateral materials such as brochures, booklets, one sheeters, etc.

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. 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 can act as an agent of the client, and the client shall be responsible for honoring agreements that arise from these negotiations if accepted.

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 where a client wishes to follow our progressive-billing model, projects will be subdivided into progressive benchmark payments depending on the project size. (i.e. 50% to start/50% at end, 25/25/25/25, etc.)

Projects under $500 will be billed for the full amount up front before work begins.

Unless special agreements are made, all final invoices are subject to a net 15 payment plan. 

Payments are expected to be remitted via ACH from the client’s banking institution. If you need any special arrangements, please send an email to
billing@firebrand.design to request accomodation.

All projects that last longer 1 month will be sent mid-project invoices at the end of each month that reflect any unpaid hours of production completed and are due on a net 15 basis.

Invoices unpaid after 15 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. These fees will be automatically reassessed through our billing software.

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 after the due date has passed, payment isn’t forthcoming and no arrangements have been made, Firebrand will seek payment through legal and other collection actions and will not open any new projects until the unpaid balances are collected.

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.

Refunds

All payments to Firebrand are non-refundable.

Prepay and Retainer Programs

Clients may prepay for a minimum of 25 hours to be held on account and enjoy a discount. Any unused hours are deemed forfeited if a client remains inactive with Firebrand for more than a period of 1 year. If used for any projects with a rush multiplier, the project will bill at 1.5 hours on account for every hour of work completed. (See Working Hours and Rush Multiplier section for details.) In addition, Firebrand has monthly retainer programs available. Ask your Account Manager for more details.

Working Hours and Rush Multiplier

Firebrand completes design work Monday through Friday any time between 10am and 10pm ET. At their discretion, Firebrand team members may complete work late or over weekends to balance with personal lives and schedules.

However, when a client project requires that the Firebrand team works late, during the weekends or at a rush pace which deprioritizes other projects, the project will be subject to a rush/stress multiplier of 1.5x the hourly rate.(i.e. if your rate is $185/hr, the rush rate is $277.50/hr.)

The client will be notified of this before work begins to allow for any possible schedule adjustments. Work-life balance is important to us, and it is important that we give ourselves the space to recharge and rest to deliver the best work during our normal working hours.

Hiring Tim, the CEO, Directly

Our CEO, Tim, can be hired for direct work on your projects, including hands on design work, coding, marketing consultation, and more. Tim will accept projects at his discretion based on his availability and organizational demands.

In these circumstances, Tim will function solely as your Creative Director, Strategist, Project Manager, and Designer/Developer.

All hands on work done by Tim will be charged a minimum standard rate of $295/hr and is subject to the rush/stress 1.5x multiplier if the project requires late/overnight/weekend work or a rushed pace.

Tim’s rate is subject to change based on market value and inflation.

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 no less than the degree that work was completed.

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. In the event that a discount is granted, the client forfeits their rights to any editable files until any concessions by Firebrand are paid in full.

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, the client will need to negotiate with the service provider on their own 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 approved of 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.

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.

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