- Payment
All invoices are payable within 30 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment. - Default in payment
The Client shall assume responsibility for cost outlays by Developer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs. - Changes
The Client must assume that all additions, alterations, changes in content, layout or process changes requested will alter the time and the Client will be charged at the rate of $250 per hour, or at rate listed in selected package. - Expenses
The Client shall reimburse the Developer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Developer for payment of said expenses, including but not limited to Stock Photography, Artwork and/or material needed for the project. All possible expenses will by notified to the Client prior to purchase and will be included in the final invoice. - Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Developer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on a percentage of the the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the Client or not. If the project is canceled by the Client, the Client agrees to pay no less than 100% of the work already done for the project at the time of cancellation plus a flat fee of $250 or 25% of the remaining work that was expected to be completed on the project, whichever is greater, up to the total price of the project. If the project exceeds 6 months due to waiting for information from the client, the project will be cancelled and the remaining portion of the project’s invoice will be due in full. - Ownership of original artwork
The Developer retains ownership of all original artwork, whether preliminary or final, unless indicated otherwise. If transfer of ownership of all rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost. - Credit bylines
The Developer and any other creators must be credited in a byline with any usage, unless otherwise stated in the brief. - Releases
The Client shall indemnify the Developer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release. - Modifications
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval. - Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code. - Code of fair practice
The Client and the Developer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships). - Code of fair practice
The Developer warrants and represents that, to the best of his knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Developer has full authority to make this agreement; and that the work prepared by the Developer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Developer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Developer harmless for all liability caused by the Client’s use of the Developer’s product to the extent such use infringes on the rights of others. - Limitation of liability
The Client agrees that it shall not hold the Developer or his agents or employees liable for any incidental or consequential damages that arise from the Developer’s failure to perform any aspect of the project in a timely manner due to failed deliverables by the Client. - Dispute Resolution
Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Developer. All actions, whether brought by the Client or by the Developer will be filed in the Developer’s state/county of business/residence. - Acceptance of Terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Developer as sender and the Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at paid deposit and the beginning of any work on said project. Electronic signatures shall be considered legal and binding.This contract is held accountable to the legal system of the United States of America and any applicable statutes held therein.
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