Creative Services
Terms of Service

A.L.O.N.E. Creative (the "Agency") agrees to perform creative services for the client (the "Client") as outlined in individual Statements of Work ("SOW") or accepted Project Proposals executed by both parties. Services offered under this framework include, but are not limited to:

• Brand Identity — Naming, logo design, visual identity systems, typography, colour strategy, and scalable brand guidelines.
• Campaign Direction — Integrated campaigns across digital, print, and out-of-home (OOH) media, including creative concepts, copywriting, direction, and production coordination.
• Brand Strategy — Market positioning, target audience definition, competitive analysis, and narrative development.
• Art Direction — Visual oversight for photographic shoots, video productions, social assets, and live events.
• Naming & Copywriting — Development of brand names, taglines, website copy, scripts, and editorial assets.
• Brand Audit & Refresh — Evaluation of existing brand equity, gap analysis, and visual evolution.

In the event of any conflict between these general Terms of Service and any individual SOW, the terms of the SOW shall prevail regarding specific commercial deliverables, timelines, and fees.

The Client shall pay the Agency the fees specified in the applicable SOW or invoice. All fees are quoted exclusive of General Consumption Tax ("GCT") unless expressly stated otherwise.

GCT is governed by the General Consumption Tax Act of Jamaica. The Agency shall apply GCT at the statutory rate (currently 15%) to all taxable supplies billed to the Client. GCT is itemised separately on every invoice and receipt.

Unless otherwise agreed in an SOW, a non-refundable retainer of fifty percent (50%) of the total estimated project cost is due prior to the commencement of any work. Payment of the retainer constitutes the Client's acceptance of these Terms of Service and the applicable SOW.

All invoices are payable within fourteen (14) calendar days from the invoice date. Payment may be made via the ALONE payment portal (card, WiPay, PayPal) or by bank transfer to the NCB account detailed on the invoice.

Overdue payments shall accrue interest at a rate of 1.5% per month (18% per annum), or the maximum rate permissible by Jamaican law, calculated daily from the due date until full payment is received. The Client shall reimburse the Agency for all legal and collection fees incurred in recovering past-due balances.

Third-party costs including stock assets, font licensing, specialised printing, or talent fees will be quoted in advance and billed to the Client with an administrative mark-up where applicable. No third-party expenditure will be made on the Client's behalf without written approval.

Pursuant to the Copyright Act of Jamaica (1993), all statutory copyright, trademark designs, and visual assets created by the Agency and designated as final deliverables under an SOW shall be assigned to the Client only upon receipt of full, final, and unencumbered payment of all fees and GCT owed under the relevant project.

The Agency retains absolute ownership of all preliminary concepts, rejected drafts, working files (including open vector files, raw code, and layered source files), and underlying methodology. No license or transfer of rights is granted for unselected or preliminary work. Raw and editable source files are not included in standard deliverables unless expressly agreed in writing.

The Agency retains an irrevocable, royalty-free, worldwide licence to showcase completed, published deliverables across its website, social media, portfolio, industry competitions, and promotional channels. This right survives termination of the agreement and is subject only to any separately executed Non-Disclosure Agreement (NDA).

The Client shall provide all required text, images, logos, brand assets, and approvals within three (3) business days of request. Project schedules will be extended day-for-day for any delays caused by the Client's failure to provide required materials or approvals within the stipulated timeframe. The Agency shall not be liable for missed deadlines resulting from Client delays.

Each deliverable package includes up to two (2) rounds of minor revisions, provided such requests fall within the original agreed project scope. A revision round is defined as a single consolidated set of feedback submitted in writing within five (5) business days of delivery.

• Substantial redesigns, structural changes, direction shifts, or scope expansions will be billed separately at the Agency's standard hourly rate.
• Revisions requested after final sign-off constitute a new scope of work and will be quoted accordingly.
• Failure to provide feedback within five (5) business days of delivery will be treated as Client approval of the submitted work.

The Agency warrants that its original creative work will not knowingly infringe upon the registered intellectual property rights of third parties in Jamaica. The Agency makes no warranty that proposed brand names, slogans, or marks are available for trademark registration; the Client is responsible for conducting independent trademark clearance searches.

The Client warrants that all assets, logos, copy, images, and materials provided to the Agency are owned by the Client or properly licensed for the intended use. The Client agrees to indemnify and hold harmless the Agency against any third-party copyright, trademark infringement, or defamation claims arising from Client-supplied materials.

To the maximum extent permitted under the Fair Trading Act and Consumer Protection Act of Jamaica:

• The aggregate liability of the Agency for any breach, negligence, or statutory claim shall not exceed the total fees actually paid by the Client under the relevant SOW.
• The Agency shall not be liable for any indirect, special, incidental, punitive, or consequential loss, including lost profits, lost revenue, reputational damage, or business interruption.
• The Agency shall not be liable for third-party platform outages, printing errors by third-party vendors, or delays caused by external service providers.

Each party agrees to keep all proprietary, financial, strategic, and technical information disclosed by the other party strictly confidential during the term of this agreement and for a period of three (3) years following its termination. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.

Both parties agree to comply with the Jamaica Data Protection Act (2020). To the extent the Agency processes any personal data provided by the Client, the Agency shall act as a Data Processor and process such data strictly in accordance with the Client's written instructions and applicable statutory security standards. Personal data will not be retained beyond the duration of the project unless required by law.

Either party may terminate this agreement or any active project by providing fourteen (14) calendar days' written notice to the other party. Notice must be submitted in writing via email to the contact address on file.

If the Client cancels a project prior to completion, the Client shall pay a kill fee equal to the greater of:

• The value of all work completed up to the termination date, calculated at the Agency's standard hourly rate; or
• The non-refundable retainer (50% deposit) already paid.

Any work product developed up to the point of cancellation remains the exclusive property of the Agency until the kill fee is settled in full.

Either party may terminate this agreement immediately if the other party:

• Commits a material breach that remains uncured after seven (7) calendar days of written notice;
• Becomes insolvent, enters receivership, or ceases trading; or
• Engages in fraudulent, defamatory, or unlawful conduct in connection with the project.

This agreement shall be governed by, construed, and enforced in accordance with the laws of Jamaica, without regard to conflict of law principles. The parties submit to the jurisdiction of the Jamaican courts.

The parties shall attempt in good faith to resolve any dispute arising under this agreement through direct negotiation within thirty (30) days of one party giving written notice of the dispute to the other.

If the dispute remains unresolved after thirty (30) days of negotiation, it shall be submitted to the exclusive jurisdiction of the Supreme Court of Judicature of Jamaica. The prevailing party shall be entitled to recover reasonable legal fees and costs.

Nothing in this agreement limits the right of either party to make a complaint to or seek assistance from a relevant Jamaican regulatory authority, including:

• Consumer Affairs Commission (CAC) — 1-876-427-3044
• Fair Trading Commission (FTC) — 1-876-619-2595
• Jamaica Intellectual Property Office (JIPO) — jipo.gov.jm