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TERMS AND CONDITIONS
This is an Agreement between Vision Casters Network, LLC. and businesses, organizations or individuals receiving service from Vision Casters Network, LLC. Whom are the clients in which Vision Casters Network, LLC. serves is subject the following terms and conditions.
GENERAL WORKING AGREEMENT
This document defines the terms and conditions
of our working relationship. All projects or services that Vision Casters Network, LLC. may be contracted to produce or provide for the CLIENT will be subject to the following:
WORKING/BILLING PHASES –
Based on our experience with long-term design
communications projects, we have found that it is mutually advantageous to handle each
project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes
makes it impossible to accurately estimate in advance the total cost of a project. Planning
the work, cost estimating, and billing in several phases permits Vision Casters Network, LLC. or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or
canceled. Any canceled project is billed only through phases and/or portions of phases
that were actually completed by Vision Casters Network, LLC. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which
includes estimated fees for professional services and separate itemized costs for
anticipated out-of-pocket expenses. We will begin work upon CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES –
CLIENT agrees to pay Vision Casters Network, LLC. in accordance with the terms specified in each proposal/estimate. On accounts that have not submitted a credit
application and been approved by our credit department, will be required to pay 50% of
the project cost before work can begin. For more information concerning deposit requirements see the VCN deposit chart. Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid. Vision Casters Network, LLC. requires that Client pay the remaining balance of a project or service upon completion. If payment is not received from CLIENT, Vision Casters Network, LLC. has reserved that CLIENT 15 days before the remaining balance incurs a late fees. These late fees may vary depending on project or service.
Estimate:
Billing will reflect the actual costs incurred. Valid for only 30 days from date on
estimate. Client requested changes will be billed additionally. The client will be notified of
any price changes.
OUT-OF-POCKET EXPENSES –
Fees for professional services do not include outside
purchases such as, but not limited to, printing, photography, color printouts, laminating,
illustrations, separations, shipping and handling or courier service. Expenses are
itemized on each invoice. Certain expenses are subject to sales tax unless 1) You are a
nonprofit organization; or 2) the work is for resale and you have submitted a resale
certificate to Vision Casters Network, LLC. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for
mileage is calculated at current allowable rates.
REVISIONS AND ALTERATIONS –
New work requested by CLIENT and performed by
Vision Casters Network, LLC. after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications
described in the original estimate, we will submit a proposal revision memo to you, and a
revised additional fee must be agreed to by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts or mechanicals are
completed are billed at standard hourly rates.
NATURE OF COPY –
CLIENT agrees to exercise due diligence in its direction to us
regarding preparation of materials and must be able to substantiate all claims and
representations. You are responsible for all trademark, servicemark, copyright and patent
infringement clearances. You are also responsible for arranging, prior to publication, any
necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS –
It is the CLIENT’S responsibility to check proofs carefully
for accuracy in all respects, ranging from spelling to technical illustrations. Vision Casters Network, LLC. is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other
implementation.
TELECOMMUNICATIONS –
CLIENT shall pay for all transmissions charges. Vision Casters Network, LLC. is not responsible for any errors, omissions or extra costs resulting from
faults in the telephone, cable, satellite network or from incompatibility between the
sending and receiving quipment.
OVER RUNS AND UNDER RUNS –
The CLIENT will accept over runs or under runs that
do not exceed 10% of the quantity ordered on all jobs. Vision Casters Network, LLC. will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the
percentage of tolerance must be stated at the time of quotation.
PLACEMENT OF ADVERTISING –
At your request, Vision Casters Network, LLC. will purchase media space on your behalf through our media division. Space will be billed to you at current rates plus the standard agency commission. This may most likely occur for web hosting fees and web services upon CLIENT’S approval and consent.
INSPECTION OF BOOKS –
Upon reasonable notice, any and all invoices from our
vendors, time sheets and other documentation relating to your account will be available
to you. Inspection at our studio by your authorized representative may be arranged
during normal business hours.
PROPERTY AND SUPPLIER’S PERFORMANCE –
Vision Casters Network, LLC. will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or
unauthorized use by others of such property. We will use our best efforts to ensure
quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise
reproduced) pieces. Although we may use our best efforts to guard against any loss to
you through the failure of our vendors, media, or others to perform in accordance with
their commitments, Vision Casters Network, LLC. is not responsible for failure on their part.
If you select your own vendors, other than those recommended by us, you may request
that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in
anyway be held responsible for quality, price, performance or delivery.
LIEN –
All materials or property belonging to the CLIENT, as well as work performed,
may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP –
Once a project has been delivered by us and is fully paid for
by CLIENT, Vision Casters Network, LLC. will assign the reproduction rights of the design for the use(s) described in the proposal. According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Vision Casters Network, LLC., or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with Vision Casters Network, LLC. and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of _each project. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and
comprehensive presentations, as samples for our portfolio, firm news letter, brochures,
slide presentations and similar media. We agree to store mechanical boards and
computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we
reserve the right to discard them.
TERM AND TERMINATION –
The term of this agreement will continue for work in
progress until terminated by either of us upon thirty (30) days written notice. If you should
direct us at any time to cancel, terminate or “put on hold” any previously authorized
purchase, we will promptly do so, provided you hold us harmless for any cost incurred as
a result.
Upon termination of this agreement, Vision Casters Network, LLC. will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold Vision Casters Network, LLC. harmless for any loss or expense (including attorney ’s fees), and agree to defend Vision Casters Network, LLC. in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES –
Production schedules will be established and adhered to
by both C L I E N T and Vision Casters Network, LLC., provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire,
labor trouble or strike, accidents, energy failure, equipment breakdown, delays in
shipment by suppliers or carriers, action of government or civil authority, and acts of God
or other causes beyond the control of the Client or Vision Casters Network, LLC.. Where production schedules are not adhered to by the Client, final delivery date or dates will be _
adjusted accordingly.
ADDITIONAL PROVISIONS –
The validity and enforceability of this agreement will be
interpreted in accordance with the laws of the State of Georgia applicable to agreements
entered into and performed in the State of Georgia. This agreement is our entire
understanding and may not be modified in any respect except in an executed agreement.
If we must retain attorneys to collect our invoices, we will be entitled to reasonable
attorney’s fees, court costs, and interest at the maximum rate permitted by law.
TERMS AND CONDITIONS
This is an Agreement between Vision Casters Network, LLC. and business or individuals receiving service from Vision Casters Network, LLC. The client in whom Vision Casters Network, LLC. serves is subject to these terms and conditions.
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