By providing Executive Presentations your materials, and/or by directing Executive Presentations to commence work, and/or by accepting our product and/or services, which may include but is not limited to, artwork, graphics, client consultations, video, photos, original text, trademarks, design presentations, cost estimates and any other materials produced and/or services rendered by Executive Presentations, you as the legal representative and/or client (Client) requesting our services, do hereby agree to be bound by all of the terms and conditions contained herein, including any third person or entity you do otherwise act as a representative or agent of.
Terms of Payment
Client agrees to pay all invoices in full within 30 calendar days of invoice date. A finance charge of 10% per annum will be charged for all unpaid balances not paid in full within said 30 days.
Retainers / Progress Payments
Jobs involving products and services in excess of $5,000, or which involve significant charges from other parties to Executive Presentations, may require a retainer to be paid in advance, or progress payments. Jobs in which production time extends over 30 days may be progress billed monthly. Retainers will be applied to the final invoice. Such terms will be agreed to in writing in advance, or during the course of production.
Quotations / Estimates
Executive Presentations will prepare a cost estimate for Client’s signature prior to the start of production or during the course of production. Client understands and accepts that said cost estimate is a best effort attempt by Executive Presentations to establish a cost for its products and services based on the information tendered to it. Should Client direct Executive Presentations to commence work prior to signing its cost estimate, Executive Presentations shall be entitled to payment for all work completed, services provided, and expenses incurred. Estimates are exclusive of applicable state sales taxes and delivery charges. Revisions or additions in the scope of the work or the time frame in which it is required may affect final billing. Cost of services and related charges are more fully set forth in the Fee Schedule which is incorporated herein and made a part hereof.
Cancellation / Termination
Should Client terminate this order at any time for any reason, Executive Presentations shall be entitled to payment for all work completed, services provided, and expenses incurred up to the time of termination.
Proofs & Revisions
Executive Presentations shall provide proof copies of its work product to client. Client is responsible for editing and proofing for spelling, grammar and punctuation. Revisions must be made in writing on a copy/fax/email of the proof. Executive Presentations will accept verbal revisions, but by doing so will not be responsible for errors resulting from verbal communication.
Executive Presentations will be diligent in its efforts to complete projects in a timely manner. Executive Presentations shall not be held responsible for delays in delivering its work product due to Acts of God. Executive Presentations shall not be held responsible for loss, theft and/or damages by a carrier in shipment.
Preparatory Materials and Ownership Rights
All artwork, graphics, video, photos, original text, trademarks, design presentations, cost estimates and other materials produced are NOT “work for hire”. Client acknowledges that Executive Presentations’ ideas and work product are Executive Presentations’ intellectual property and/or trade secrets and are not to be used for any purposes including, but not limited to, obtaining a competitive bid. All intellectual property rights and copyright interests shall remain the exclusive property of Executive Presentations.
Client is granted a license to use the work product only in the legal proceeding specifically related to the project. A condition subsequent of this license is Client’s timely payment of Executive Presentations’ fees and costs, which client must satisfy after using the work product, by such timely payment. Executive Presentations retains ownership of all original artwork created.
Data/Record Retention, Retrieval & Disposal
All data and/or records, including but not limited to databases, email, documents, spreadsheets, exhibits, hard copy prints or electronic files, used by Executive presentations in the development and creation of Client work products and services, including proofs and finals, are routinely backed up to tape or kept in storage, either in whole or in part, from the date the project is completed, and retained for a period of up to 4 years, using the same record keeping, retention, and disposal principles as GARP, as well as guidelines established by HIPAA and FACTA. Executive Presentations in good faith takes all appropriate measures to preserve Client data, however Executive Presentations cannot guarantee the stability of the media used to back-up materials or control the potential exposure to elements that may corrupt the data or render it irretrievable. Should the Client request Executive Presentations to retrieve data from back up, Client may be charged administrative fees for the personnel time to search and retrieve data, plus the cost of media required to copy the data (i.e. DVD, USB drives, external hard drives, etc.). At any time during the data retention period the Client may provide Executive Presentations at its own expense an external hard drive, or other appropriate media with adequate storage space to accommodate their data, and Executive Presentations will copy the data to be delivered to the Client. Executive Presentations does not have the capacity to permanently archive data and/or records. At the end of the retention period all backed up data and records are systematically disposed of without notice using the same guidelines established by FACTA. As an extension or our commitment to combine the highest quality products and services is our commitment to provide the highest level of integrity in dealing with our clients’ materials and to safeguard the personal information you provide to us. This statement will be continuously assessed against new technologies, business practices and our customers’ needs.
Ability to Reference
Executive Presentations shall have the right to keep computer files or copies of all materials, and shall have the right to use such materials or copies thereof, in publications for the professional promotion of Executive Presentations. In such uses, Client shall be given credit as the commissioning entity. Client agrees to allow Executive Presentations to factually represent its involvement in the project to any and all parties. All parties agree to follow each other’s reasonable instructions with regard to the use of any of their respective trademarks or services. Executive Presentations shall not use such materials produced until all legal proceedings relating to such materials have been fully adjudicated or, with regard to materials not relating to judicial proceedings, for a period of not less than ninety (90) days from the date of delivery.
Reproduction of Copyrighted Works
Client represents and warrants that by requesting Executive Presentations to reproduce any copyrighted work, Client has obtained permission from the copyright owner to reproduce, distribute and display such copyrighted work.
Client agrees to hold harmless and to indemnify Executive Presentations for all costs, expenses, attorneys’ fees, or judgments resulting from any claim or lawsuit against Executive Presentations for copyright infringement or for any other claim or lawsuit against Executive Presentations arising out of the unauthorized reproduction of any work by Executive Presentations at the request of Client.
Indemnification for Claims
Executive Presentations makes no warranties, expressed, implied, oral, written, or otherwise, as to the condition, performance, operation, fitness for any use, usability, or any other matter, as to any products and equipment provided to Client. Executive Presentations is not responsible for any liability, claim, loss, damage or expense of any kind caused by the products or equipment except for any loss or damage caused by willful misconduct or negligent acts. Executive Presentations’ products and equipment is quality checked, in good working order, mechanically, electronically, aesthetically and in all other respects, before leaving Executive Presentations’ premises. In the unlikely event of an equipment malfunction, Executive Presentations must be contacted immediately for service or replacement. In no event is Executive Presentations responsible for special, incidental or consequential damages. Executive Presentations cannot be held responsible for equipment failure or client operator error.
Limitation of Damages
Executive Presentations does not assume liability for Client supplied materials, such as pictures, prints, artwork or any other materials which are submitted with orders, whether lost or damaged by fire, theft, negligence or any other means, beyond a $250.00 replacement value per project. Executive Presentations shall not be liable for any other damages and in no event shall it be liable for any consequential damages here under.
Should any litigation be commenced between Client and Executive Presentations concerning this order, the party prevailing shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for its attorneys’ fees, which shall be determined by the court in such litigation or in a separate action brought for that purpose.
This order shall be construed under and in accordance with the laws of the State of California.
CA Labor Law
Executive Presentations complies with all California Employment Labor Laws, the terms of which apply to its clients during the course of doing business with Executive Presentations, when interacting with Executive Presentations’ staff, on and off site, including but not limited to appropriate professional conduct and providing required rest and meal periods. Should a work schedule, including travel time, amount to 12 hours or more a day be required to complete a project, thereby making it prohibitive for Executive Presentations personnel to return home for the night, overnight hotel accommodations will be required at Client’s expense.