Proposals and Contracts

Ergo Communications usually quotes projects on a fixed price basis. When this is not possible, work will be quoted either by time (daily or hourly rate) or deliverable length (rate per page or per word), and will include minimum and not-to-exceed limits.

Upon acceptance of a quotation, Ergo Communications will issue a Letter of Agreement (LOA) confirming the scope of work, costs and payment terms, timeline, terms for copyright transfer and other applicable terms and conditions. Work will begin once the client signs and returns the LOA (or issues a purchase order/contract reflecting the same terms), along with any applicable deposits.

Client Obligations

Upon project acceptance, clients are asked to appoint a designated project authority to serve as a single point of contact for facilitating requests for meetings, documents, information or other matters relating to the project, as well as for providing any clarification or direction during the course of the project activities. The client also agrees to respond to all requests in a timely fashion, and to clearly communicate expectations, success criteria and feedback on Ergo's work during the project.

Limitations of Services

Unless otherwise agreed in advance, services are subject to the following limitations:

i) All deliverables include written content only, in Microsoft Word, Adobe Acrobat or Microsoft Powerpoint format. Deliverables will be provided in electronic format.
ii) Graphic design, illustrations and layout are not included, except in the case of presentation development.
iii) Web design and programming are not included.
iv) All project deliverables are English language only.

Affiliates and Subcontractors

If desired by the client, Ergo Communications will subcontract with affiliates and other service providers for graphic design, web programming, multimedia development, translation or other services as required. In such cases, applicable project management and/or administration fees will be included in Ergo's quotation.

Copyright and Copyright Transfer

Ergo Communications reserves all rights to its work as set out under the Canadian Copyright Act.  Upon completion of work and receipt of fees, Ergo will generally transfer all print and electronic publication  rights to the client unless otherwise specified in writing.  Ergo will also retain one print copy and/or electronic copies of all work for internal records.  All copyright terms will be specified in the client contract or letter of agreement.

Confidentiality

All proprietary information disclosed by a client is kept strictly confidential, irrespective of the existence of non disclosure agreements, except as required by law.  Client names will not be publicly disclosed or used as references without prior consent.

Quotations are provided as estimates based on the scope of work provided by the client. If the scope of work described is inaccurate or changes during the course of a project, a revised estimate may be required. If the client chooses to cancel the project rather than accept the revised estimate, cancellation fees may apply.

Cancellation Fees

If the client chooses to cancel the project after acceptance, the full amount of the proposal plus incurred expenses will still be payable to Ergo within 30 days of the notice of cancellation.

Rush Fees

For all projects, Ergo Communications will provide an estimated date of completion. Requests for more rapid completion may be accommodated, however in such cases Ergo reserves the right to assess rush fees (generally an additional 20%-50% of the total project cost).

Discounts

At its discretion, Ergo may offer clients a discount when issuing the final invoice, in return for the client's agreement to provide marketing assistance such as becoming a client reference, providing a written testimonial, assisting in the preparation of a case study, or allowing part or all of a deliverable to be used for marketing purposes.

Unless otherwise agreed in writing, a non-refundable retainer of 50% is required before starting work, and an invoice will be issued for the balance upon delivery of the final draft.  If a draft is submitted and no feedback is received within 30 days, the draft will be deemed to be final and an invoice will be issued.  For long term or ongoing projects, interim invoices will be issued at agreed upon times.

Payment Terms

Terms for all invoices are net 30 days. Overdue invoices will be charged interest of 1.5%/month on outstanding balances.

Forms of Payment Accepted

Currently, the only forms of payment accepted are by cheque or wire transfer.

Reimbursable Expenses

Reimbursable expenses incurred in providing services will be charged to the client and invoiced at Ergo's discretion unless otherwise agreed.  Clients will be notified of any unusual expenses in advance of purchase. Reimbursable expenses include:

    i) Licensing fees
    ii) Purchase of research or other tools and resources
    iii) Subcontractor fees
    iv) Commercial printing and shipping costs
    v) Travel (transportation, accommodation and per diem expenses)

Normal office expenses (telephone, fax, postage, photocopying, etc.) are included in quoted rates and are not reimbursable.

Warranty

Ergo Communications warrants that it services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended.  Furthermore, no guarantee is made as to the efficacy or value of any services performed or products delivered.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances will Ergo Communications or The Ergo Group Inc. be liable for any direct, indirect, incidental, special or consequential damages resulting from or relating to its services or products.