The Terravita Agency provides a wide range of business, marketing, PR, web, and advertising services to its clients, the scope and detail of which may be covered in separate agreements. In the absences of any specific agreement, all engagements of an ongoing nature are subject to a period of notice of two months and are subject to the following terms.
Payment of Accounts
The fundamental principle on which the relationship between Terravita and its clients is based is that Terravita shall be responsible for financing its own business, but not the business or the advertising of its clients; hence the company must be paid on time to allow it to meet its obligations in respect of any financial commitments which it has made to suppliers of services supplied to clients.
Our standard terms of payment are payment on receipt of the invoice. We must be paid by our clients in time to pay the media. Clients will receive media invoices, following agreed media schedules, at weekly intervals, any necessary adjustments being made at the end of the month. Production and additional service invoices are submitted as the work on each item are completed. Some suppliers, particularly film production companies, market research organisations, and exhibition contractors, require payment in advance or at various stages in production. In these instances, we will render interim invoices and clients will be expected to pay them immediately upon presentation.
Media recognition terms oblige us to pay media on the due date, otherwise, we will be surcharged, and this may put the recognition status in jeopardy. Any media invoices not paid within 15 days of invoice will be subject to a 3% surcharge.
We issue a proforma invoice for at least 50% of the total cost of website projects due to the intense nature of the work involved. Payment must be received before the project commences. Fee invoices are presented monthly and are due for payment on receipt of the invoice. Invoices in respect of disbursements or other obligations entered on behalf of clients will be presented twice monthly and are due for payment immediately. Overdue invoices other than for media (see above) will be subject to a surcharge at 4% above Lloyds Bank base rate from time to time.
We always quote on digital work be it PPC advertising or producing a new website. However, we cannot always foresee software updates from companies such as WordPress, WooCommerce, and Others. Occasionally we must implement updates and this might result in a cost that is passed on to our clients. We will always advise on this as soon as we are aware.
Terms of business with media
Although we act as principals in dealing with all media and suppliers, we must emphasise to our clients the fact that the placing of all advertisements is subject to the terms of the contract between the various media and suppliers and ourselves. This means, in effect, that the client acknowledges that terms and rates are subject to revision following the agreements made by the various bodies concerned and that the bookings, etc required by the client can be made only within the provisions relating to cancellation, omissions, etc, set out in media rate cards and other standard conditions.
The copyright in all creative and preliminary work produced by us or to our order belongs to us. In most circumstances, we will transfer this copyright to our client on request as or before the termination of our appointment upon payment of the appropriate fee.
All books, records, information, and other data gathered by Terravita on behalf of clients become and remain the property of the clients. Terravita agrees that it has no rights over the same except in respect of its right of a general lien existence of which is specifically acknowledged.
Terravita will be released from its obligations in the event of national emergency, war, prohibited Government regulations, fire, flood, tempest, or any other cause of a like nature beyond the control of Terravita Consulting & Marketing or owing to the inability of Terravita Consulting & Marketing to procure materials or services required for the performance of any contract. Terravita Consulting & Marketing shall not be held responsible for any inability to deliver services or provide information caused by any such contingency.
Disputes and jurisdiction
Terravita and its clients agree to attempt to settle disputes by negotiation and, where possible, by arbitration using a single arbitrator agreed upon by both parties. The costs of any arbitration shall be divided equally between the parties. The relationship between Terravita Consulting & Marketing and its client shall be governed by English law and matters arising therefrom shall be dealt with before the English courts.