Ape Forge Standard Policies
Introduction
Thank you for considering Ape Forge for your creative needs. We’re excited to partner with you to deliver high-impact solutions that help your business grow. The following outlines our approach to creative services, how we define project expectations, and the steps we take to ensure a smooth and transparent process from start to finish.
Our Services
Ape Forge provides a wide range of creative services tailored to your brand’s unique goals. These services breakdown as follows:
- Brand Design
- Graphic Design
- Web & eCommerce Development
- App Design & Development
- Social Media Marketing & Advertising
- Content Creation
- Copywriting
- Photography & Video Production/Editing
- Printing Solutions
General Provisions
Entire Agreement: This Agreement, including all exhibits, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Subjective vs. Objective Deliverables
The Parties acknowledge that all creative work provided by Ape Forge contains both objective and subjective components:
- Objective Deliverables shall include measurable items such as timelines, budgets, deliverables, and technical requirements. Ape Forge shall perform these in accordance with the agreed scope of work.
- Subjective Deliverables shall include aesthetics, design style, tone, and other creative expressions. These elements are inherently open to interpretation and are delivered using Ape Forge’s professional expertise, judgment, and industry standards.
The Client acknowledges that subjective deliverables cannot be evaluated by absolute standards and final approval remains a collaborative process.
- Ape Forge’s obligation is to deliver objective requirements as agreed and to apply its professional expertise to subjective requirements in good faith and consistent with the Client’s stated goals.
Communication & Delays
Client agrees to maintain clear and timely communication throughout the duration of the project. Ape Forge will make reasonable efforts to respond to messages and requests within 1–2 business days to ensure project momentum.
If the Client becomes unresponsive or fails to provide necessary feedback, approvals, or materials for 10 business days or more, the project may be considered delayed. In such cases, Ape Forge reserves the right to:
- Pause the project until communication resumes,
- Reschedule timelines based on current availability, and/or
- Apply additional fees for restarting or rescoping work due to extended delays at a rate of $85 per hour
Compensation
Fees: Client agrees to pay Company the fees set forth in the agreed invoice provided by Ape Forge LLC if its necessary or available. All payments are due by the date on the invoice unless otherwise agreed upon in writing.
Expenses: Client shall reimburse Company for all pre-approved, reasonable out-of-pocket expenses incurred in connection with the performance of the Services.
Payment Arrangements: For projects under $5,000, payment is due in full before work begins. Projects over $5,000 may qualify for milestone-based payment arrangements.
Payment Terms
Invoice Schedule: Company will invoice Client according to the schedule outlined in the Scope Of Work
Late Payment: A late payment fee of 1.5% per month will be applied to all overdue amounts.
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.
For Your Protection & Security
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 & Non-Disclosure: Neither party will disclose the other’s confidential information to any third party without the other’s prior written consent. Both parties agree to keep all information confidential that is designated as confidential or that should reasonably be understood to be confidential.
Limitation of Liability
Limitation: Company’s liability to Client for any claim arising out of or relating to this Agreement will be limited to the amount of Fees paid by Client to Company in the twelve (12) months preceding the claim.
No Consequential Damages: In no event will either party be liable to the other for any indirect, incidental, special, or consequential damages.
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 convenience is subject to the standard refund policy outlined in this Agreement.
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 receiving written notice of the breach. Termination for cause is subject to the standard refund policy outlines in this agreement.
Right to Cancel by Company: Ape Forge reserves the right to cancel the project at any time with reasonable notice to the Client, including but not limited to reasons such as persistent communication issues, creative misalignment, force majeure events (e.g., severe weather, economic or political disruption, acts of war, or other unforeseeable circumstances). In such cases, Ape Forge will deliver all completed work up to the date of cancellation, and full rights and ownership of that work will transfer to the Client unless otherwise agreed in writing.
Effect of Termination: Upon any termination, the Client shall pay the Company for all Services performed up to the date of termination and any non-refundable costs or commitments incurred by the Company.
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 at clients expense.
Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Montana.
Expired Scopes of Work
Any scope of work issued under this Agreement shall automatically expire eighteen (18) months (1.5 years) from the date of issuance if not completed in full. Upon expiration, Ape Forge reserves the right to require new negotiations to realign project scope, deliverables, and pricing to reflect current standards and conditions. At its sole discretion, Ape Forge may also elect to terminate the project entirely, with no refund, credit, or adjustment offered for any payments previously made
Amendments and Acceptance of Terms
By signing this Agreement, the Client acknowledges, understands, and agrees that this document may be amended or updated by Ape Forge from time to time. Such amendments shall become effective upon posting at www.apeforge.com/policies. The Client’s continued participation in or reliance upon services provided by Ape Forge shall constitute acceptance of any such amendments. No direct notice of updates is required.
