TERMS OF DESIGN & PRODUCTION WORK
The following terms apply to all work done for clients by Graphlink and/or Food Media.
Standard Trade Terms:
1. Payment: Unless otherwise noted on the invoice, standard terms are for fifty percent (50%) deposit plus known expenses to be given with job order; twenty-five (25%) upon approval of proofs; and all balances and outstanding expenses to be paid upon receipt of services/merchandise. Deposits are non-refundable once work begins. A 1-1/2% monthly service charge is payable on all overdue balances. Grant of any license or grant of copyright is conditioned on receipt of FULL payment.
2. Estimates: If invoice is used as an estimate or assignment confirmation, the fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when final invoice is rendered at end of job.
3. Changes/Cancellations: Client shall be responsible for any amendments from original assignment. However, no additional payment shall be made for changes required to conform to the original assignment. The Client shall offer Graphlink/Food Media the first opportunity to make any changes to its creations.
Final proofing and approvals are left to the Client, unless otherwise stated. Client shall pay pay any fees or expenses that were orally authorized in order to progress promptly with the work. If cancellation occurs, Graphlink/Food Media retains all copyrights and shall be paid a “kill” fee to cover work generated to that point, plus expenses. Kill fee shall be at least 50% of the job, or more if a greater portion of the work was already produced.
4. Ownership of Artwork: After payment in full of all invoices, Client has the right to use any creative product within the limits of the agreement. Unless stated in a written form, Graphlink/Food Media retains copyright ownership of all of its original artwork, whether in preliminary, final or construction form, and the Client shall return any non digital artwork within thirty (30) days of agreed usage. A purchase of greater rights and original art may also be negotiated, if desired. Graphlink/Food Media shall be given appropriate credit on any product of its work. The Client must copy-protect all final art which is the subject of this agreement against duplication or alteration.
5. Client Producer: As the acting Producer of the project, the Client indemnifies Graphlink from any legal action that may arise from its involvement with this or future projects. Client shall absorb all court costs, reasonable attorney's fees, and legal interest on any payment dispute judgment in favor of Graphlink/Food Media from this or future projects. Disputes shall be governed by the laws of New York City.
6. Modifications: This agreement stands for all work now or future between both parties and any modification of the Agreement must be written.
Creative Marketing & Food Tech
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