- 1. Time for Payment
- All invoices must be paid within 10 business days of artwork approval. A 1 1/2% bi-monthly service charge is payable on all overdue balances. This grant of any license or right of copy right is conditioned on receipt of full payment.
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- 2. Default in Payment
- The Client shall assume responsibility for all collection of legal fees necessitated by default in payment
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- 3. Revisions & Changes
- The Client shall be responsible for making additional payments for changes requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer InnerSphere the first opportunity to make any changes
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- 4. Cancellation
- In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by InnerSphere. All Deposits will be retained by InnerSphere
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- 5. Color
- Due to the nature of the production process, color in original artwork cannot be guaranteed. Please allow a 7% variance of color from digital artwork to actual product
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- 6. Production Errors
- In the event of an error the client has 10 business days to return the product for a replacement or keep the original unit and purchase a new version at a discounted cost
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- 7. Modifications
- Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
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- 8. Uniform Commercial Code
- The above terms incorporate Article 2 of the Uniform Commercial Code
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- 9. Code of Fair Practice
- The Client and InnerSphere agree to comply with the provisions of the Code of Fair Practice
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- 10. Warranty of Originality
- InnerSphere warrants and represens that , to the best of his/her knowledge, the work assigned hereunder is original and has not been previously publsihed, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained throght the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis, that InnerSphere has full authority to make this agreement,; and that the work prepared by InnerSphere does not contain any scandalous, libelous, or unlawful matter. This warrenty does not extend to any uses that the Client or others may make of InnerSphere's product that may infringe on the rights of others. Client expressly agrees that it will hold InnerSphere harmless for all liablility caused by the Client's use of InnerSphere's product to the extent such use infringes on the rights of others.
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- 11. Limitation of Liability
- Client agrees that it shall not hold InnerSphere or his/her agents or employees liable for any incidental or consequential damages that arise from the InnerSphere's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was cased by intentional or negligent acts or omissions of InnerSphere or a third party
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- 12. Dispute Resolution
- Any disputes in excess of $2500 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 costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of InnerSphere
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- 13. Acceptance of Terms
- The signature of both parties or the payment of a deposit shall evidence acceptance of these terms
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