When Client (corporation, proprietorship, partnership or individual) appoints Web CD Productions to act as Contractor on The Client’s behalf for the purpose of a specified assignment, the Terms & Conditions below are in effect.
Fees: Project design, development, coordination, management and consultation fees are invoiced 50% on contract approval, 50% on completion. Project start date is determined by the receipt of the 50% on contract approval and is non-refundable. Hosting is either billed to a credit card on file at the beginning of each month or 100% invoiced for 12 month period. Hosting fees are non-refundable. Specifically excluded are all exterior production expenses, as well as client-approved travel / accommodations / meals / incidentals while traveling on client business.
Commissions & Taxes: A production commission of 20% is added to all supplier invoices ;i.e. voice over talent, etc.. Applicable sales tax is added to all production expenses invoiced, including productions commissions billed.
Invoicing: Itemized budgets are submitted in writing for client approval prior to major expenditure. Client signature authorizes contractor to expend budgets. Client change orders after production begins will be billed as extras if additional charges are incurred. Change orders are invoiced in advance of occurring expense. Unless otherwise indicated, budgets are valid for 14 days. Costs are subject to change if specifications, rates or vendor costs change. Expenses will be invoiced as necessary to meet supplier obligations; advance payments are required.
Rights & Permissions: Client has obtained all rights and permissions required in order that data, recordings, artwork and printed materials supplied by Client to Web CD Productions may be replicated onto or into compact disc(s)/cassette(s); that the data, recordings, artwork and printed materials will not infringe upon any trademark, copyright, contract, property rights and that customer has paid any and all royalties or other charges to be paid pursuant to copyright law of the United States, any statute, order, or other law, right or contract governing such materials; and the materials do not contain matter which is libelous, defamatory, obscene or invades the rights of privacy or rights of any individual. Materials obtained by Web CD Productions for license to this production will be invoiced to the client for payment before use. In some cases, copyright or creative work may remain with the outside vendor, and the Client will pay “use fees” for specific promotional purposes. Client will receive a copy of creative development and Web CD Productions representative must complete necessary adjustments, if any are required at a later date. Payment entitles the client only to usage as specified. Web CD Productions retains the right to use creative development for client in any future advertising.
No Liability for Damages: In no event shall Web CD Productions or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the company has been advised of the possibility of such damages. In any case, Web CD Productions and its suppliers’ entire liability under any provision of this agreement shall be limited to the amount actually paid for the website development, creative development, and hosting services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
Termination: Client reserves the right to terminate any assignment at will, in which case Web CD Productions will be compensated to the completion of the current status of work, and all expenses will be due and payable immediately to Web CD Productions. Web CD Productions reserves the right to terminate any assignment without penalty and deliver current work on any assignment to the Client, with all invoices for work to date then due and payable immediately to Web CD Productions.
Copyright: Ownership of concepts and/or executions transfers from the Contractor to the Client only after payment of final invoices.
Late Charges: All fees and expenses are due and payable when invoiced. Invoices not paid within 30 days are subject to interest penalties of 10% per month.
Collections: If Client fails to pay as approved. Contractor will be entitled to all reasonable costs of collection, including attorneys’ fees, court costs and all other related expenses. Laws of the State of Arizona shall apply.
|
