By
submitting a Down
Payment,
Progress Payment or Final Payment,
all LightWerx Media clients are agreeing
to the following:
Time for Payment
Down
payments on estimates are required before any design work
can begin on a project. All invoices and progress
check payments are considered overdue 15 days after receipt.
A 1.5% monthly service charge will be applied after 30
days on all overdue balances. 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 all collection
of legal fees necessitated by default in payment.
Estimates
The
fees and expenses shown are estimates only. Final fees
and expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases
in fees or expenses that exceed the original estimate
by 10% or more.
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 the Designer
the first opportunity to make any changes.
Expenses
The
Client shall reimburse the Designer for all expenses arising
from this assignment.
Cancellation
In
the event of cancellation of this assignment, the completed
work shall be handed over to the client, and a cancellation
fee of $115 per hour + expenses for work completed & expenses already incurred based on the most recent iteration of the contract or estimate, shall be paid by the Client.
Ownership & Return of Artwork
The
Designer retains ownership of all original artwork, whether
preliminary or final, and the Client shall return such
artwork within 30 days of use unless indicated on the
Estimate or Invoice.
Credit Lines
The
Designer and any other creators shall receive a credit
line where applicable with any editorial usage either
electronically or in print.
Usage Rights
Any
usage rights not exclusively transferred are reserved
to the Designer. Usage beyond that granted to the Client
herein shall require payment of a mutually agreed upon
additional fee subject to all terms. Any transfer of rights
is conditional upon receipt of full payment.
Releases
The
Client shall indemnify the Designer against all claims
and expenses, including reasonable attorney's fees, due
to uses for which no release was requested in writing
or for uses which exceed authority granted by a release.
Modifications
Modification
of the Agreement must he 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.
Uniform Commercial Code
The
above terms incorporate Article 2 of the Uniform
Commercial Code.
Code of Fair Practice
The
Client and the Designer agree to comply with the provisions
of the Code
of Fair Practice, a copy of which may he obtained
from the Joint Ethics Committee, P.O. Box 179, Grand Central
Station, New York, New York, 10017.
Warranty of Originality
The
Designer warrants and represents that, to the best of
his/her knowledge, the work assigned here- under 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
from third parties is original or, if previously published,
that consent to use has been obtained on an unlimited
basis; that the Designer has full authority to make this
agreement; and that the work prepared by the Designer
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 Designer’s
product which may infringe on the rights of others. Client
expressly agrees that it will hold the Designer harmless
for all liability caused by the Clients use of the Designer's
product to the extent such use infringes on the rights
of others.
Limitation of Liability
Client
agrees that it shall not hold the Designer or his/her
agents or employees liable for any incidental or consequential
damages which arise from the Designer's failure to perform
any aspect of the Project in a timely manner, regardless
of whether such failure was caused by intentional or negligent
acts or omissions of the Designer or a third party.
Dispute Resolution
Any
disputes in excess of $5,000 (maximum limit for small
claims court) arising out of this Agreement shall
be submitted to binding arbitration before the joint Ethics
Committee or 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 the Designer.
Acceptance of Terms
The
submission and receipt of a Down Payment, Progress Payment or Final Payment shall evidence acceptance of these terms.
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