Terms of Engagement and why you should have one

If your business embarks on large projects that amounts to large sums of time and money, you should implement a
Terms of Engagement with your customer/s.
WHY? Simply put, it allows all parties to be on the same page and know exactly what their obligations and expectations are.

Here is a sample Terms of Engagement:

Below are the Terms and Engagement. The Terms of Engagement is the Partnership Agreement between

Client Name and Your Business Name
Your Name – – – recognises they work for their Clients.
Consulting Fee
$_____ per hour for face to face meetings plus gst
Any other fees
$_____ per hour plus gst

Terms of Payment
(Your business name) retains all of its rights to the intellectual property in material produced for the client until (Your business name) is paid the invoiced cost of the work in full. Upon full payment being received by (Your business name), all of (Your business name) rights in the material are vested in the client. Any use of the material permitted by (Your business name) prior to payment in full does not constitute a waiver of (Your business name) rights in the material. (Your business name) will commence substantive work on a project after written acceptance of (Your business name) estimation/quotation for the work and payment to (Your business name) of 50% of the quoted price. The balance of the quoted price and any subsequent variations are to be paid upon the client approving the proofs provided by (Your business name) or the printing service provider.

The (job description) supplied, once approved by the client, constitute completion of the work quoted by (Your business name) unless (Your business name) estimation/quotation explicitly provides otherwise. Any work or rework undertaken by (Your business name) after the client approves the proofs constitutes a separate contract between (Your business name) and the client with separate fees and charges.
If (Your business name) estimation/quotation requires that (Your business name) arranges (job description) is the client’s authority to (Your business name) for (Your business name) to act as the client’s agent to contract the (service decription) required by the client and the client will be liable to the (any suppliers used) all costs incurred in producing the work/s.

Urgent deadline requests that result in (Your business name) having to reschedule other customers work and or alter appointment times with other customers will incur a 30% surcharge.

No ‘Credit’ is provided to clients.
All press advertising bookings to be made by (The Clients Name here).
EV will not be liable for any press advertising booking payments.

  1. Termination of Work
    Either party may terminate the Agreement at any time in writing.
  2. Confidentiality
    Unless required to do so by law, (Your business name) agrees not to divulge any information relating to the client, their work, systems or this Project to any other person or oganisation. This clause exceeds this Agreement.
  3. Performance Guarantee
    (Your business name) guarantees to meet the objectives as stated in this Proposal within the quote time frame. If no time frame is quoted, a reasonable time frame will apply.
    As the working relations between the Client and (Your business name) is the key issue in meeting the objectives, any concerns regarding the performance of the Project, Client or (Your business name) are to be raised at the start of planned scheduled meetings. If performance concerns are not raised, (Your business name) cannot be held liable for the non-performance of the Project.
    If concerns are raised, reasonable corrective actions and the time frames are to be tabled and signed off within 5 working days by all partied to this Project. It is agreed all parties to this Project will make known all relevant information related to the outcomes of this Project and its Objectives.
  4. Reports
    All Reports to be signed off by all parties to the Project. All Action Plans will be time framed. Reports that make Recommendations will provide supporting data.
  5. Copyright
    Any work associated with this project is covered by Copyright to (Your business name). (Your business name) agrees to release Copyright on all work and other material to the Client on payment of due accounts.
  6. Personnel
    (Your name) will manage all (Clients Name) work
    Summary of Experience and Qualifications
    – ???????
    – ???????
    If the client believes personality or other factors are influencing the Projects, the issue is to be raised at the next scheduled meeting for corrective action.

    In the event that (Your business name) is unable to continue the Project due to sickness or accident, a person/company of similar skills and experience will be assigned to the Project. This appointment would be subject to the Client’s approval. Whilst (Your business name) takes every care with material supplied by clients, (Your business name) will not be liable for loss or damage. We suggest that clients provide (Your business name) with copies only and retain original material unless originals are specifically requested.

    If (Your business name) is unable to meet any contractual commitment or deadline due to factors outside of (Your business name) control, (Your business name) will not be liable for any resultant loss or damage suffered by the client. Such factors include but are not limited to equipment failure, loss of data, loss of electrical power, failure or delay in Internet services and failure by any printing service provider to meet agreed deadlines.

  7. Authorisation to Proceed
    This Proposal is accepted on behalf of

    Client Name _____________________
    Your Name _______________________
    Date: ___________________________