Policies, effective 2015/05/15.
These policies specify certain actions prohibited by Mindwatering for users of our services. Mindwatering reserves the right to modify these policies at any time to stay in compliance with any laws, regulations, and security requirements. By using Mindwatering services, any client, employee, or third-party unconditionally accepts the terms of these policies.
Note: The last policy effective date was 2015/03/15. Besides a couple wording changes for clarification, the predominate change from between the 3/15 policy and the 5/15 policy was the change from 60 days to 40 days for suspension of services under the Outstanding Balances section. The change affects invoices invoiced after 2015/05/15.
BILLING & INVOICING:
For larger projects or contracts, invoicing is done monthly as milestones are reached. For smaller projects, invoicing occurs when the job is delivered or shipped. Firm guidelines are established within each SOW (Statement of Work) for the client.
In most cases, Mindwatering will have print vendor invoice Client directly for print materials. In these cases, Mindwatering will invoice Client for design work only.
Once a logo or any promotionals are finalized (final files saved out and/or burned to CD and/or spec documents made for print vendor and/or actual files and specs are sent to print), any changes made after this point will result in additional cost in time delays and additional work hours, especially if final files or subsequent promotional materials require adjusting or re-layout. If Client requests changes or edits to materials after job(s) have been sent to print (changes to files in any way, quantities, paper stock, turnaround dates, etc.), and it is too late to stop project(s) from being printed, then Client is responsible for full payment of printed materials, cost of original design work, plus cost of additional edits, and new print costs.
GENERAL QUOTES/SOW (STATEMENT OF WORK):
Mindwatering will generate a custom Quote/SOW for each new job/project for a client. Unless requested otherwise, Mindwatering will email a PDF of the Quote/SOW to the Client for review and finalization.
Unless specified in the Quote/SOW details, project estimates do not include travel costs, equipment costs, shipping/delivery costs or applicable sales taxes.
Quotes are for Mindwatering design time only. Quotes do not reflect any outsourcing costs, postage, reprints/edits, or taxes that may occur from any print output.
Print/outsourcing costs will be on separate invoice(s) and/or Quote/SOW. Outsourcing costs will primarily be billed to Client directly from the print vendor. The client is responsible for settling payment with the print vendor directly.
SCOPE ADJUSTMENT (AKA, "SCOPE CREEP") AFTER QUOTE/SOW HAS BEEN FINALIZED:
Most edits are generally considered minor and will not add cost to a Quote/SOW. However, in cases where design on larger projects that contain many details/a lot of content to lay out is involved (including, but not exclusively, items such as letterhead, business cards, thank you cards, envelopes, trade show white sheets, magazine ads, promotional posters, single-sided brochures, apparel designs, yard or car magnetic signs, billboard design, and post card mailers), then it is possible that additional edits may require additional cost/time to be added to final invoice. This is especially the case in newsletters, trade show backdrops, and brochures, when adding, removing, or relaying out content can change the way all components must work together in the promotional. That is why any changes or requests that adjust the look of the end project should be made during the allotted proofing/edit cycles. Time spent to create completely different proofs of logo or promotionals (if different from direction given by Client during interviewing/gathering phase and during first allotted proofing/edit cycles) is not factored into Quote/SOW, and will be billed accordingly.
TERMS OF PAYMENT:
Cash, certified check/money order, VISA and MasterCard are accepted forms of payment. Approved open accounts are net 20 days on design and development projects.
Mindwatering may require a deposit and signed Quote/SOW prior to beginning work, particularly with new design, consulting, and web development clients.
Work spanning longer than 30 days will be billed for services rendered on a monthly basis, or by milestones, depending on contract specifics.
Payment in full for recording and engineering services at South Main Studios is due in full prior to any files being released to the client.
OVERDUE ACCOUNT POLICY:
Past due accounts of more than net 30 days (10 days past due), regardless of balance owed, are subject to 1.1/2% monthly service charge: minimum $35. Past due accounts with invoices covering billable outside services/travel expenses will incur additional past due charges. Late invoices will be sent to the client each month with these additional fees added to the total balance. Should a client remit payment for an overdue account without adding the late fees to their payment, the invoice will still be open and late fees will continue to accrue of at least $35 per month, until the invoice is completely paid in full.
PLEASE NOTE: ALL LATE FEES ARE FIRM AND DUE ON OUTSTANDING BALANCES. Mindwatering makes very reasonable attempts to contact the client to resolve any outstanding balances before further action may be needed.
Mindwatering also reserves the right to require a full up-front payment before any new deliverables on accounts with a prior Mindwatering history of being consistently overdue.
Should a client be consistently overdue (30 days overdue, 4 or more times) on any account, then Mindwatering reserves the right to terminate the relationship with the client after payment is made in full, or require future services be paid up-front, in full, before services are provided.
If a client account remains outstanding after all other options have been exhausted, Mindwatering may seek legal action to collect the amount due, and/or seek the assistance of an off-site collection agency.
*** Please note that ALL hosting and domain name renewals will be invoiced approximately 30 days prior to the renewal of the client's hosting cycle or domain name renewal. Payment for hosting and domain names is due in full prior to their renewal dates. Failure to remit payment will result in a lapse of service, new set up fees to reinstate account(s), and possible loss of domain name as Mindwatering will not auto-renew at its expense for overdue accounts. Mindwatering will not be held liable nor accountable for any reason should a client's account be turned off, or a client lose a domain name or names, and/or sent to collections due to client's lack of payment to Mindwatering for services rendered. ***
In addition to accruing late fees, should a client have an outstanding balance of over 40 days on any hosting or design/development invoice, and there has been inadequate attempt by the client to communicate with Mindwatering, set up a payment schedule or pay according to the payment schedule, or resolve the balance, then Mindwatering reserves the right to disconnect the client's hosting support service, make the client's website(s) unavailable, decline performing further work for client even on existing projects), and/or not renew client's domain name(s) until FULL payment is made to Mindwatering, in connection to the past due account(s). When payment is received by Mindwatering, and clears the bank, the client's services will be restored. Mindwatering does not offer payment schedules on past due accounts.
When a client's website is turned off and/or their account(s) are more than 40 days from the invoice date, the account(s) are then processed for collections.
RETURNED CHECKS & OTHER RETURNED FUNDS:
If a client's payment to Mindwatering is returned or refused deposit from Mindwatering's or the client's banking institution(s), or from the client's credit card company, for any reason, then Mindwatering will re-issue a new invoice to the client including the following:
1. A $25.00 non-refundable fee
2. Any additional banking fees
3. The amount of the original invoice.
Payment of this new invoice will be due immediately in the form of either a certified check, money order, cash, or approved secured credit card. Should immediate payment not be re-issued by client, then all other policies above will apply.
HOSTING SERVICES CANCELLATION:
Hosting service is billed in a 6-month cycle. Clients are invoiced in 6 months increments of service, called a "hosting block" or "support block". New hosting clients are invoiced immediately upon approval of contract. Hosting cycles begin on the first day of the month and end on the last day of the month.
Should a client wish to cancel their hosting service, a written notice of termination is required from the client to Mindwatering 30 days prior to the first day of the next month. A notice of termination can be sent to Mindwatering via e-mail or USPO. Mindwatering will reply back to client via e-mail upon receipt of the notice of termination. The contract will be noted as terminated starting the first day of the next month of their service. (i.e., A cycle runs July 1 --> December 31. Client requests cancellation on June 1. Client pays for all of June. Contract is canceled July 1.)
Should a client request hosting termination less than 30 days prior to the first day of the next month, then the client is responsible for paying the full remaining balance of the month they are in, plus the next month. This will be invoiced accordingly. (i.e., A cycle runs July 1 --> December 31. Client requests cancellation on June 20. Client pays for remainder of June, plus July. Contract is canceled August 1.)
Should a client wish to host with Mindwatering again after they have terminated prior hosting services, all applicable set-up costs would again apply to their new service.
Mindwatering does not charge its clients for mileage under 10 miles (or 15 minutes each way.) The charge past 10 miles is done at the archive/research rate, currently $27.00 per hour.