COMPANY INFORMATION
Neon Pig Creative, Inc.
76 S Sierra Madre St., Unit F
Colorado Springs, CO 80903
oink@neonpigcreative.com
(719) 301-0253
BUSINESS HOURS
Our team is in the office and available from 9 am to 5 pm Monday through Friday.
OFFICE CLOSURES
The Pig Pen is closed for most main holidays, as well as a few extra days surrounding those holidays in some cases. Please see our closure dates below and try to plan projects around these times, if possible:
- New Year’s Day and two work days surrounding New Year’s Day
(may adjust depending on the calendar week) - Memorial Day
- Fourth of July
- Labor Day
- Thanksgiving and Friday after Thanksgiving
- Christmas Day and two work days surrounding Christmas Day
(may adjust depending on the calendar week)
For specific questions regarding dates for the current calendar year, please reach out to one of our partners. If there are other closures that Neon Pig implements, we will notify you and update you on any project timelines immediately. Even though we have five full-time employees, when one is out of the office, it can affect our schedules. We will make sure we communicate with you well before any team members leave and how it may affect your projects. As anything goes, when life happens and there are unforseen events out of our control that may call for the office to be closed, we will do everything in our power to continue any of your needs and communicate with you as soon as possible.
MEETINGS
With a small but mighty team of five, we must make sure our time is used doing the things we are best at — being creative. While we love each and every one of our clients and want to build relationships, the frequency and duration of meetings must be planned with the utmost efficiency.
Our normal meetings will include a project initiation meeting to review the scope of the project. This may result in a quote, a strategy recommendation, or whatever else may be requested at that time. From there, meetings will be held upon request. For large concepts and projects, we enjoy presenting in person so we can talk about major goals and aesthetics. For revisions and smaller motions in the project, we ask that we can work through our project management system or email.
WORKLOAD MANAGEMENT & TURNAROUND TIMES
Every project is different and may require specific timelines for creative, development, or execution. We try to provide a reasonable turnaround time for each project, depending on our current workload. If deadlines are assigned in Asana that may not be feasible, the project lead will change it and email or call you regarding that deadline. For any new projects initiated via email, the project lead will give an estimated timeline before starting the project.
Our timelines are dependent on our client’s changes. If revisions are sent beyond the original timeline scope, it may require extending the project deadline to account for the extra time. To maintain the large number of projects in our queue, we must meticulously plan them to be executed professionaly, creatively, and effectively.
COMMUNICATION POLICIES
Our policy and standard for replying to all communications is within 24 hours.
If you do not receive a response within that time frame and have not otherwise been notified, your message may not have reached us and we ask that you try again.
We assign a project lead to every client we bring on board. If you do not know who your project lead is, do not hesitate to reach out.
If your account requires you to work with us in our project management system, Asana, we ask that all project communication is done through that channel. This includes changes, new project requests, task deadlines, etc. If you have a general question about billing, a meeting request, or other items that do not fit within our project list, feel free to call or email. All projects should be initially assigned to the lead on your project, and they will delegate it to the appropriate team member. Training will be provided for these types of projects.
For accounts outside of the project management system, we ask that clients first try to reach the individual that is the lead for the project via their individual email address for any inquiries. We prefer email communication, as it creates a record or paper trail that can be referenced or shared with
our team, and ensures that things do not fall through the cracks. If you are in need of immediate assistance, we recommend calling the office line at (719) 301-0253 or you can reach all three of our partners by emailing oink@neonpigcreative.com. We ask that you DO NOT call personal cell phone numbers, unless specifically requested to do so. Our team members’ time and personal life is precious and we ask that it is respected, especially outside of office hours.
Our office line is on and will be answered (unless we are on the line with someone else) Monday through Friday from 9 am to 5 pm.
SUBMITTING WORK REQUESTS
As mentioned in the Communications Policies, we request that all new work requests are submitted electronically. This ensures that we have some sort of paper trail and can refer back to communications about the specific project. Please make sure all new project requests are submitted to the project lead first. This is important! Team members’ time is a delicate balance between many clients, and our project leads are the ones with a good pulse on the workload for each of the Pigs. By sending it to the project lead first, this helps confirm that all of our deadlines will be met in a timely manner. New work requests may be done one of two ways:
1. In Asana: If you are collaborating with us in our project management system, you will have access to your own team where you can create new tasks and projects. In here, please include all information we need to get started, including size, graphics, and copy. If it is a larger project, we may respond asking for a creative brief to be filled out.
2. Via Email: For any other clients, we ask that all project requests come via email. Depending on the scope of your project, we may either first send you an estimate to be approved, or send a link to our creative brief which leads you through the questions we need answered to get started.
RUSH POLICY
Starting October 1, 2018, Neon Pig Creative will be instating a rush charge to expedited timeline requests. With the number of clients we serve, and the integrity and creativity we put into every project we work on, we strategically create our project schedules to allow time for the absolute best work we can provide. When a project is requested in less time than usually allotted, the creative process and other project timelines are affected, which can lead to subpar work. We are happy to make these requests happen, but they usually require time outside of our normal business hours, therefore accruing overtime on our end.
The rush policy is as follows:
A rush charge of 25% of the original quoted price, or for retainer clients, 15% of our normal retail cost of that project. Below are a few examples of rush requests.
- For singular print projects requested within 48 hours or less
- For campaigns (multiple items) requested within 4 days or less
- For websites requested within 3 weeks or less
- For other projects with a timeline deemed irregular by Neon Pig Creative
BILLING
For retainer clients, all retainers are billed on the 1st of each month for the following month’s work. All invoices for retainer accounts are due by the 15th of the month.
For project-based clients, we require a 50% down payment to get the project on our schedule. The invoice will be sent once an estimate is agreed to, and the project will not be started until a down payment has been made.
We accept credit card, checks, or cash. You can pay online when we send the invoice, or send other payment methods to our physical location.
REFUNDS
It is always our goal to make you happy and work with you to create something you are thrilled with. If things go awry (let’s face it, we are all human), we would always like the opportunity to fix whatever isn’t working and correct mistakes or oversights. If you are still dissatisfied or we are not able to accomplish the task to your approval, we can provide a partial refund for any work we are unable to complete.
Because our time is extremely valuable to us , we do not offer full refunds for work we have completed or time we have invested. We also do not offer full refunds on any time spent when there is a change in scope of work, or a change in direction. Most times, this instance will result in Neon Pig re-estimating the project with the new scope and/or direction.
Neon Pig does not offer any refunds on project deposits.
FILE POLICY
Neon Pig Creative is happy to package and deliver archived files and native project files upon request once projects and final billing are completed. All work completed and paid for is owned by the client in whatever file is best suited for their purposes. If you are unsure what different file types are for, our entire team is educated and willing to help. Incomplete work or work that was canceled will not be transferred.
While Neon Pig hosts multiple redundancy protocols for our files, we are not responsible for the hosting or longevity over a lifetime.
WEBSITE HOSTING & CONTENT
Neon Pig Creative takes into account several details for all websites that address security and stability. This includes installing software that proactively deters malware, hackers and bots, and website database and file back up systems. While these products do work very well they rely on software that is not developed or maintained by Neon Pig. As a result, your website it is not guaranteed or warranted to not be affected by an attack.
Similarly, Neon Pig does not physically host websites but instead, purchases or leases hosting services from third-party companies. The stability, warranty and customer support ultimately falls on those third-party vendors, but Neon Pig is happy to help troubleshoot and act as the liaison.
Neon Pig does offer copywriting services as well as formatting of client-supplied content (text, images and video). Neon Pig does not warrant or is responsible for the copyright or accuracy of this content. Responsibility and accuracy for the website content is solely owned by the client.
WEBSITE DESIGN AND DEVELOPMENT
EXAMPLE MASTER SERVICES AGREEMENT
Neon Pig Creative / Current or Prospective Client
The following document outlines our current statement of work for any current, future, or past website.
RECITALS
WHEREAS, CONTRACTOR (Neon Pig Creative) is engaged in the business of providing Website Content Formatting, Website Development, Website Testing and Launch, and Website Training, and wishes to provide CLIENT with such services;
NOW THEREFORE, in consideration of the foregoing the Parties hereby agree as follows:
1. SERVICES
1.1 Each additional project for which CLIENT desires to engage CONTRACTOR shall be set forth in detail in a separate Statement of Work to be duly signed by authorized representatives of the Parties and annexed hereto and incorporated herein by reference as a sequentially numbered Appendix (i.e., Appendix 1, Appendix 2, etc.) (hereinafter referred to as the “Services”).
1.2 CONTRACTOR shall use their best efforts, skill and ability to supply the Services as specified and in performing under their Agreement. CONTRACTOR shall be responsible for and shall pay for their own expenses in connection with the performance of their obligations under their Agreement, except as otherwise provided in the Statement of Work. CONTRACTOR shall provide all materials, labor and equipment necessary for the performance of the Services.
1.3 CONTRACTOR shall meet the requirements and have the qualifications set out in the Statement of Work.
1.4 In the event that CLIENT requests a change in the scope of the Services to be provided by CONTRACTOR, CONTRACTOR will produce a new Statement of Work estimate reflecting such changes in terms and any costs associated with such changes within five (5) business days from the request. Such Statement of Work shall be duly signed by authorized representatives of the Parties and shall be attached as a new appendix in accordance with Article 1.1.
2. COMPENSATION
2.1 The fee (the “Fee”) and payment schedule for performance of the Services shall be set forth in detail in each project Statement of Work.
2.2 Payment Schedule
Payment 1 of 3: CONTRACTOR will provide an invoice prior to beginning work on the project for one-half (50%) the project cost. CLIENT shall pay the Fee within thirty (30) days of receipt of a CONTRACTOR invoice, unless payment terms are amended within the Statement of Work.
Payment 2 of 3: Once CONTRACTOR has satisfactorily completed the next phase of the statement of work (in this case, the website development link being sent to the CLIENT and hosted on CONTRACTOR’s development server) CONTRACTOR will invoice CLIENT an additional one-quarter (25%) the project cost. CLIENT shall pay the Fee within thirty (30) days of receipt of a CONTRACTOR invoice, unless payment terms are amended within the Statement of Work.
Payment 3 of 3: Once CONTRACTOR has satisfactorily completed the next phase of the statement of work (in this case, the approval and launch of the new website and training for the CLIENT has been provided) CONTRACTOR will invoice CLIENT the final balance the project cost plus any additional fees for plugin licenses and website maintenance services. CLIENT shall pay the Fee within thirty (30) days of receipt of a CONTRACTOR invoice, unless payment terms are amended within the Statement of Work.
2.3 Unless expense terms are amended in the Statement of Work, CONTRACTOR’s travel time to and from CLIENT shall not be reimbursed or compensated.
To ensure prompt payment, CONTRACTOR’s invoices will be submitted directly to CLIENT:
{client_name}
{client_email}
{client_address} {client_address_2}
{client_city}, {client_province} {client_zip_code}
2.4 Payments made to CONTRACTOR for the Services rendered under their Agreement shall be made in full, without any deductions for taxes of any kind whatsoever, in conformity with CONTRACTOR’s status as an independent contractor as set out in Article 4. It is understood that any taxes that may be due and payable as a result of the payments specified in their Article 2 by CLIENT to CONTRACTOR shall be entirely CONTRACTOR’s responsibility and CLIENT will not be required to pay any withholding taxes, social security, unemployment, disability or similar items in connection with payments made to CONTRACTOR pursuant to their Agreement.
2.5 Additional plugins or tools that require licenses will be billed directly to the CLIENT and provided in an estimate form prior to purchasing. Setup for additional plugins, changes, customizations, modifications, alternations, etc. are subject to CONTRACTOR’s default hourly rate of $75.00. If the timeline of a project is stalled in the development stage past one month, CONTRACTOR will charge $25 per month for each month that a website is hosted on CONTRACTOR’s development server. A “stalled project” is a project that has not received content updates or feedback after four (4) weeks since the most recent time the project link was shared/discussed with the CLIENT. This ensures project timelines are maintained and projects are advanced expeditiously.
3. TIMELINE
3.1 Neon Pig’s proposed website development timeline is outlined on our Project Timeline section of this proposal.
4. INDEPENDENT CONTRACTOR
4.1 Whereas CONTRACTOR is an independent contractor of CLIENT, it is agreed that neither party shall exercise control over the business or activities of the other.
4.2 In undertaking to perform the Services for CLIENT, it is understood that CONTRACTOR is doing so as a contractor of the CLIENT. As an independent contractor, CONTRACTOR shall be entitled to the payments set out in Article 2 of their Agreement.
4.3 CONTRACTOR shall not have the power or authority to bind CLIENT or to assume or create any obligation or responsibility, express or implied, on CONTRACTOR’s part or in CONTRACTOR’s name and CONTRACTOR shall not represent to any person or entity that CONTRACTOR has such power or authority to act on behalf of CLIENT.
5. CONFIDENTIALITY
5.1 CONTRACTOR acknowledges and agrees that information (hereinafter referred to as “Confidential Information”) whether written, oral or in any other form relating to CLIENT, its parent and/or its affiliated companies’ activities, products, methods, procedures and systems and learned or acquired by CONTRACTOR in connection with activities covered by their Agreement is highly confidential and proprietary in nature and is a valuable, special and unique asset of CLIENT’s business.
5.2 CONTRACTOR agrees to hold in confidence all Confidential Information and CONTRACTOR agrees that Confidential Information shall at all times remain the sole property of CLIENT.
6. OWNERSHIP OF MATERIALS
6.1 Excepting deliverables specified in the Statement of Work, all processes, concepts, writings, deliverables, or improvements (the “Inventions”) made by CONTRACTOR, alone or jointly with others, which are produced in connection with their Agreement or the performance of the Services shall be and remain the sole and exclusive property of CLIENT. Intellectual property developed by the CLIENT in conjunction with project delivery remains the property of CLIENT. Deliverables specified in the Statement of Work that are accepted by CLIENT and paid for by CLIENT, shall be and remain the exclusive property of CLIENT where CONTRACTOR grants full rights of ownership as set forth in this agreement. Both Parties agree to abide by the Rights granted by CONTRACTOR to CLIENT. All papers, documents and reports relating to the affairs and business of CLIENT or its clients and all papers, documents, and reports prepared or made by CONTRACTOR during the term of their Agreement, other than records of CONTRACTOR’s personal affairs, shall be, and remain at all times, the property of CLIENT.
7. RIGHTS
7.1 Grant of Rights. In the event that the material which is the subject of their Agreement is copyrightable subject matter, CONTRACTOR and CLIENT hereby agree that for the purposes of the agreement the deliverables shall be a work-made-for-hire and the property of CLIENT. CLIENT shall have the right to secure copyright protection for the deliverables. In the event that the deliverables are not copyrightable subject matter, or for any reason cannot legally be a work-made-for-hire then, and in such event, CONTRACTOR hereby assigns all rights, title, and interest to said Deliverables to CLIENT and agrees to execute all documents required to evidence such assignment.
7.2 CONTRACTOR gives and grants to CLIENT the right to exclusive use of all Deliverables prepared by CONTRACTOR pursuant to their Agreement, in all media and types of advertising and promotion of CLIENT.
7.3 CLIENT shall have the unlimited right to exploit the Deliverables as it sees fit, including the right to alter or rearrange the Deliverables, throughout the United States and its territories and possessions.
7.4 CLIENT’s rights shall be exclusive, and CONTRACTOR will not use, license, or permit the use of the Deliverables for any other purpose except as part of CONTRACTOR’s physical or digital portfolio. Digital portfolio pieces may include CLIENT products once those products are publicly announced via CLIENT website, news release, or social media. Prior to announcing the work, CONTRACTOR must obtain CLIENT’S permission as to the method and language surrounding how such work is presented.
7.5 CLIENT shall have the right to publish the Work in the print or electronic medium for the duration of copyright to include printed stationery or collateral, digital advertisements, videos, product banners, and social media during the term identified by the Statement of Work, including promotional rights as described in paragraph four. In addition, CLIENT shall have the unlimited right to make promotional use of the Work in any medium (for example, billboards, videos, broadcast, print or digital advertising graphics).
8. WARRANTY
8.1 CONTRACTOR represents and warrants that they have the requisite skills and experience to perform the Services under their Agreement and will not seek the services of subcontractors to fulfill the Scope of Work.
8.2 CONTRACTOR represents and warrants that they will comply with all applicable federal and state laws and regulations and that they shall procure and maintain all necessary permits and licenses.
8.3 CONTRACTOR represents and warrants that fulfillment of CONTRACTOR’s obligations under their Agreement will not infringe any third parties’ intellectual property rights.
8.4 CONTRACTOR makes no representations, warranties, or guarantees regarding website performance metrics including but not limited to site traffic, visitor engagement, conversion rates, sales volume, subscription rates, lead generation, or any other business outcomes. CLIENT acknowledges that such results depend on numerous factors outside CONTRACTOR’s control, including but not limited to, market conditions, competition, content quality, pricing, and CLIENT’s business or marketing operations.
8.5 PCI (Payment Card Industry) compliance services are not included in standard website development, including eCommerce projects, and are available only upon separate written agreement and quote. Due to varying business requirements, compliance standards, and third-party integrations, CONTRACTOR makes no warranties regarding PCI compliance and shall not be liable for any PCI compliance failures, security breaches, or related damages arising from website operation.
9. RELEASES
9.1 CONTRACTOR shall be responsible for obtaining necessary releases from third parties’ rights. Any work, including but not limited to any documents and materials, created or furnished by CONTRACTOR to CLIENT which are not created solely for CONTRACTOR’s use and which are subject to third party rights shall be identified to CLIENT in writing promptly.
10. NON-EXCLUSIVITY
10.1 Without authorizing CONTRACTOR to engage in any conduct or activities which would result in a breach or violation of any term of their Agreement, CLIENT recognizes that their Agreement shall not prevent CLIENT from using similar services for such other entities or individuals. CONTRACTOR recognizes that CLIENT may engage other agencies or individuals to perform similar services from time to time, and their Agreement shall not prevent CLIENT from using such services or agencies.
11. MISCELLANEOUS
11.1 Notices. All notices, demands, requests or other communications hereunder shall be made in writing and shall be personally delivered, sent by registered or certified mail, or sent by facsimile or electronic mail, addressed as follows:
11.2 Any such notice shall be deemed to be given and received on the day on which it was delivered or transmitted, or if mailed, on the date on which it was received. Either party may change its address for service from time to time by giving notice thereof to the other party in accordance with their Article.
11.3 Entire Agreement; Modifications. Their Agreement, together with any exhibits, constitutes the entire agreement between the parties. No amendment, modification or discharge of their Agreement shall be valid or binding unless set forth in writing and executed by both parties.
11.4 Severability. If any term or provision of their Agreement shall be found to be invalid or unenforceable, the remainder of their Agreement shall remain valid and in full force and effect.
11.5 Assignment. Their Agreement or any obligation hereunder shall not be assigned by either party without the prior written consent of the other party, except that CLIENT may assign their Agreement to any of its affiliates, sister companies or its parent company.
11.6 Third Party Beneficiaries. Their Agreement is not intended to confer upon any non-Party rights or remedies hereunder.
11.7 Binding Effect. Subject to any provisions hereof restricting assignment, their Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, heirs, executors, administrators, legal representatives and assigns.
11.8 Waiver of Breach. No waiver of breach of any term, provision or condition of their Agreement shall be considered valid unless signed by the party giving such waiver and no such waiver shall be deemed a waiver of any subsequent breach.
11.9 Survivability. The obligations set forth in Articles 4, 5, and 7 shall survive the termination of their Agreement regardless of the cause of termination, as well as any other terms which by their intent or meaning are intended to so survive.
11.10 Conflict. To the extent any provision of their Agreement conflict with any provision of any Statement(s) of Work, the provisions of their Agreement shall govern unless the Statement of Work explicitly states otherwise.
11.9 Survivability. The obligations set forth in Articles 4, 5, and 7 shall survive the termination of their Agreement regardless of the cause of termination, as well as any other terms which by their intent or meaning are intended to so survive.
11.10 Conflict. To the extent any provision of their Agreement conflict with any provision of any Statement(s) of Work, the provisions of their Agreement shall govern unless the Statement of Work explicitly states otherwise.
11.11 Dispute Resolution; Jurisdiction. The Parties shall use their best efforts to resolve all matters arising out of the Agreement amicably. The Parties hereby agree that any dispute which cannot be solved amicably by the Parties shall be adjudicated in the courts of the State of Colorado, which shall have sole jurisdiction over any such dispute.
11.12 Governing Law. Their Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be governed by and interpreted in accordance with the laws of the State of Colorado without giving effect to the choice-of-law rules thereof.
11.13 Indemnification. CONTRACTOR agrees to indemnify, defend, and hold harmless CLIENT from and against any and all liabilities, claims, losses, lawsuits, judgments, and/or expenses including attorney fees, arising out of, or related to, the negligence, misconduct, fraud or breach of this Agreement by CONTRACTOR. CLIENT agrees to indemnify, defend, and hold harmless CONTRACTOR from and against any and all liabilities, claims, losses, lawsuits, judgments, and/or expenses including attorney fees, arising out of, or related to, the negligence, misconduct, fraud or breach of this Agreement.
