Terms and Conditions
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Payment Terms: |
$ (35% of estimate) Invoiced immediately and due
prior to Mid-Project Review. $ Balance invoiced at delivery of Final Presentation. Please see additional Payment
terms under “Payments” |
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Property/Ownership: |
Upon receipt of final payment(s), all items prepared and
produced for Client under this agreement shall be the property of the Client. All materials used to prepare
the Project, including original artwork, images, film or audio clips, or
presentation graphics, in any type of medium, remain the property of Talking
Point Graphics. Note: For Portfolio use, content
of presentation will be altered, so as not to reveal any confidential
information. |
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Terms & Definitions: |
“Client” refers to person,
persons or company with whom a Project is being contracted. “Project” refers
to that which is more full described on the reverse hereof. There is no employer/employee or master
servant relationship between the parties hereto, and nothing in this
agreement should be construed to establish such a relationship. |
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Estimates: |
Cost estimates in this agreement
are Talking Point Graphics best estimates, given the information provided by
the Client at the time it was prepared. If additional informational is
forthcoming, the Project specifications change, or the schedule changes, cost
and expense estimates may also change. Out-of –pocket expenses (long distance
phone calls at cost, travel, mileage at $.32.5 mile) are in addition to
amount estimated. Estimated time to complete a
Project is determined based on the amount of time Talking Point Graphics
deems necessary for production after all raw materials and/or reference
materials are received from the Client. Estimates are valid for a period of
thirty (30) days from the date provided and are subject to change after that
time. |
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Payments: |
Payment schedule is as defined
on reverse hereof. Invoices presented to Client during production shall be
due immediately upon receipt. A final invoice shall be presented to the
Client upon completion of the Project.
Invoices for out-of-pocket expenses shall be due immediately upon
receipt, if not in advance (to be determined upon a project-by-project
basis). Projects that extend beyond thirty (30) days will be invoiced on work
completed to date. All invoices shall be paid in
full within thirty (30) days from receipt thereof unless otherwise agreed to
in writing. A one and one-half percent (1 ˝%) monthly charge will be added to
past due balances. Client assumes any collection and/or attorney’s fees
necessitated by default in payment. Client is responsible for communicating
these billing terms to Client’s accounting department, if applicable. In the event the Project is
being contracted by Client for presentation and/or sale to another (as in
agency/client relationship), payment and/or timing of payment hereunder shall
not be contingent upon the success/failure of that presentation and/or sale
of Client’s receipt of payment for same. |
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Purchase Order Numbers: |
Client is responsible for
submitting purchase order and/or job numbers on the date of executing this
agreement. If no number is given, the
invoice will reflect a description of the Project identified on the reverse
hereof. |
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Delays: |
Talking Point Graphics shall
notify Client of any anticipated delay in delivery. Should Talking Point Graphics fail to keep the contract through
unreasonable delay or non-conformance agreed specifications, it will be
considered a breech of the Agreement.
Should the agreed timetable be delayed due to the Client’s failure,
Talking Point Graphics should endeavor to adhere as closely as possible to
the original schedule, as commitments to other clients permits. |
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Cancellation: |
Client agrees that if
cancellation occurs after the Project or work on the Project is commenced
(including purchasing raw materials), Client will pay Talking Point Graphics
for time invested and materials purchased up until the time of the Client’s
notification to cease all work.
Client acknowledges that time and talent are among the most important
commodities sold by Talking Point Graphics. Full payment shall be paid by the
Client, when the Project is completed, regardless of whether the Client uses
the presentation. |
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Client Satisfaction: |
Talking Point Graphics will
perform services in stages set out in a mutually agreed upon production
schedule, which will include the opportunity for Client’s
feedback/revisions. If Client makes
no revisions during this period, Talking Point Graphics shall deem all
services rendered in connection with the Project to meet the Client’s
satisfaction and to have been approved by the Client. Client assumes the
responsibility for any and all proofreading. |
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Nondisclosure of Client’s Confidential Information: |
Talking Point Graphics
acknowledges and agrees that, in rendering services hereunder it may be given
access to information about the Client and/or its clients, their products and
services, privileged and confidential information, methods of manufacture,
methods of doing business, trade secrets, proprietary data, as well as other
customer identifications, internal business information and other information
about the Client’s (and/or its clients) business and/or practice. To the extent that the Client designates
such information as confidential, Talking Point Graphics agrees not to use
this information for itself or others, or disclose to others, including
future employees, such information, except to those who have a need to know
in connection with the Project. |
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Raw Materials: |
Client agrees to indemnify and
hereby hold harmless Talking Point Graphics and its subcontractors from and
against any and all losses, expenses, claims, liabilities and damages
(whether consequential, incidental or otherwise) resulting from the use or
reproduction of materials furnished by the Client hereunder. |
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Other: |
Client assumes any and all
responsibility for their equipment during any on-site work, training or
presentations by Talking Point Graphics. |