Ape Forge Standard Policies

General Policies

​Promotional Use

Client grants Company the right to use the final deliverables created under this Agreement for the purpose of promoting Company’s services. This includes, but is not limited to, displaying the work on Company’s website, portfolio, social media platforms, and marketing materials.

SUBJECTIVE VS. OBJECTIVE COMPONENTS

In the realm of creative services, it is crucial to recognize the distinction between subjective and objective components:
  • Objective Components: These include measurable deliverables such as timelines, budgets, project milestones, and specific technical requirements. Objective components are straightforward and can be quantified and assessed based on predefined criteria.
  • Subjective Components: These encompass elements such as design aesthetics, creative vision, and personal preferences, which are inherently open to interpretation and vary from one individual to another.

At Ape Forge, we understand the importance of balancing these components to meet your expectations. We take pride in our ability to translate your vision into tangible outcomes while ensuring that the subjective elements align with your brand’s identity and goals.

DELAYS AND CLEAR COMMUNICATION

We understand that delays can occur due to various reasons, including unforeseen challenges or changes in project requirements. Our agreement includes provisions for handling such delays, ensuring that both parties are aware of the impact on timelines and are able to plan accordingly. By maintaining clear and consistent communication, we aim to mitigate the effects of delays and keep the project on track.

GUIDING YOU THROUGH THE CREATIVE PROCES

To ensure a seamless and transparent creative process, Ape Forge has implemented several key practices:
  • Clear Communication: We maintain open lines of communication with our clients through regular updates and progress reports. Our project management system allows you to track the status of your project in real-time, ensuring that you are always informed.
  • Defined Scope of Work: Before commencing any project, we provide a detailed Scope of Work document outlining the services to be delivered, timelines, and associated costs. This document serves as a reference point for both parties and helps manage expectations.
  • Approval Processes: We establish clear approval processes for each phase of the project, ensuring that you have the opportunity to review and provide feedback at key stages. This collaborative approach helps to align our creative efforts with your vision.
  • Flexibility and Adaptability: We recognize that changes and adjustments may be necessary as the project progresses. Our flexible service agreement allows for change orders and revisions, accommodating your evolving needs while maintaining clarity on any additional costs and timelines.
  • Transparency in Billing: Our payment terms are clearly outlined in the agreement, and we provide itemized invoices detailing the services rendered. This transparency helps to build trust and ensures that there are no surprises when it comes to costs.

Resolution Policies

Dispute Resolution

Negotiation: In the event of a dispute, the parties agree to first attempt to negotiate in good faith to resolve the dispute.

Mediation/Arbitration: If negotiation fails, the parties agree to resolve the dispute through mediation or binding arbitration in Toledo Ohio.

Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Ohio.

Termination

Termination for Convenience: Either party may terminate this Agreement for any reason upon thirty (30) days written notice to the other party.

Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of notice of the breach.

Effect of Termination: Upon termination, Client shall pay Company for all Services performed up to the date of termination and any non-cancelable commitments incurred by Company.

Refund Policy

Three-Day Right to Refund: The Client has the right to request a refund within three (3) days of signing this Agreement (the “Refund Period”). If the Client decides to cancel the project within this period, the Company will refund any payments made, less the hourly rate of $150 per hour for any work completed during the Refund Period. The refund request must be made in writing (physical or digital formats) and received by the Company within the Refund Period.

No Refunds After Refund Period: After the initial three-day Refund Period has elapsed, no refunds will be rendered under any circumstances. Due to the nature of the services being rendered, this includes but is not limited to; dissatisfaction with the Services, project delays, or changes in the Client’s business needs.

Effect of Termination on Refunds: In the event of termination of this Agreement by either party after the Refund Period, the Client remains responsible for payment for all Services rendered up to the date of termination, as specified in the Termination section of this Agreement.

Financial Policies

Compensation

Fees: Client agrees to pay Company the fees set forth in a formal proposal/agreement. All payments are due before work can begin unless otherwise agreed in writing. All payments are due by the date on the invoice.

Expenses: Client shall reimburse Company for all pre-approved, reasonable out-of-pocket expenses incurred in connection with the performance of the Services.

Payment Terms

Invoice Schedule: Company will invoice Client according to the schedule outlined in a formal proposal/agreement.

Late Payment: A late payment fee of 1.5% per month will be applied to all overdue amounts.

Intellectual & Confidentiality Policies

Intellectual Property

Ownership: Upon full payment of all Fees and expenses due, Client shall own all deliverables provided under this Agreement. Company retains ownership of all pre-existing intellectual property, tools, and methodologies used in the creation of the deliverables.


License: Company grants Client a non-exclusive, non-transferable license to use Company’s pre-existing intellectual property solely for the purpose of using the deliverables

Confidentiality

Confidential Information: Both parties agree to keep confidential all information that is designated as confidential or that should reasonably be understood to be confidential.

Non-Disclosure: Neither party will disclose the other’s confidential information to any third party without the other’s prior written consent.