Every company has it. We’re no different in that respect. So, without further ado…
Our terms of service are written for the average person. Please read this page prior to ordering services from us, and make sure you understand what it says. It’s a binding contract between VOM Productions and you. If you have any questions about what you see on this page, please feel free to contact us at firstname.lastname@example.org. For purposes of this document, VOM Productions will be referred to as “PRODUCTION COMPANY” and the company or individual requesting services will be referenced to as “CLIENT”.
For each project, CLIENT will receive a Estimate/Terms outlining the project specifications and our proposed scope of services. Each Estimate/Terms will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses. CLIENT approval of the Estimate/Terms (written or oral) will incorporate these terms/conditions therein as if same were repeated therein and shall constitute the agreement between us.
PAYMENTS AND ESTIMATES
CLIENT agrees to pay PRODUCTION COMPANY in accordance with the terms specified in each Estimate/Terms. CLIENT must submit a deposit for the estimated project before work can begin. Exact deposit percentage will be determined and in writing on the Estimate/Terms. Unless otherwise specified, all subsequent balances due are payable upon final project approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid. Deposit is non-refundable if work on the project had commenced by the PRODUCTION COMPANY. If no work had been completed before cancellation was received then the deposit is refunded in whole. Any projects estimated at $5000.00 or less are payable upon receipt. Projects estimated in excess of $100,000.00 will be adhered to a payment schedule with specific milestones.
Fees for recurring monthly/annual services will be charged on the first (1st) day of each month during the campaign or contract period. Depending on the campaign or contract start date, PRODUCTION COMPANY will prorate the first invoice. CLIENT understands that payment in full is required for each month’s services.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, colour printouts, laminating, illustrations, separations, ship¬ping and handling or courier service. Expenses are itemised on each invoice.
NATURE OF CONTENT
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. CLIENT is responsible for all trademark, servicemark, copyright and patent infringement clearances. CLIENT is 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. PRODUCTION COMPANY is not liable for errors or omissions in client provided content, unless the PRODUCTION COMPANY committed the error/omission. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for development, printing or other implementation.
PROPERTY AND SUPPLIER’S PERFORMANCE
PRODUCTION COMPANY 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. 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, PRODUCTION COMPANY 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.
RIGHTS OF OWNERSHIP
Until such time as the project has been paid for in full, PRODUCTION COMPANY retains full ownership of all assets, design, artwork and intellectual property contained therein. Upon cancellation of a project the PRODUCTION COMPANY will hand over all materials created up to that point, but does reserve the right to withhold said materials until the account balance is cleared. Once a project has been delivered by us and is fully paid for by CLIENT, PRODUCTION COMPANY will assign to CLIENT all reproduction rights of PRODUCTION COMPANY in and to the assets/design/artwork. Such assignment to CLIENT shall be subject to the retained rights of others in and to all art work incorporated therein, including but not limited to photography, sound, and or illustration created by artists, photographers, recordists, illustrators, or other creative professionals retained by PRODUCTION COMPANY, or purchased from a stock agency on your behalf. We reserve the right to reproduce and/or distribute or publish for our business’ promotional and marketing needs any work we create for you, as samples for our portfolio, brochures, slide presentations and similar media. We agree to store all raw media on computer disks for a period of six (6) months beyond the delivery of a job. After that time, we reserve the right to discard or recycle and repurpose the media. PRODUCTION COMPANY holds right to include a credit and link in the CLIENT’S project output, unless otherwise discussed with the CLIENT prior to project completion.
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, PRODUCTION COMPANY will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold PRODUCTION COMPANY harmless for any loss or expense (including attorney’s fees), and agrees to defend PRODUCTION COMPANY 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. The full balance of any project is due within four weeks of the beginning of the project, irregardless of the state of the project, or if the client requests the project to be put on hold. If the client delays the project’s completion by not being responsive to approval requests, making decisions or offering feedback, either intentionally or unintentionally, then the CLIENT implicitly authorizes the PRODUCTION COMPANY to collect payment for the outstanding balance of the project within two weeks of the last correspondence with the PRODUCTION COMPANY, unless the CLIENT instructs the PRODUCTION COMPANY that they will be unavailable for a given period of time.
PROJECT CHANGE REQUESTS
Scope or major creative change requests that are beyond the initial specification are billed at additional costs to the initial estimate. Upon CLIENT approval of creative brief and treatment, pre-production work will begin, at which time, any change requests impacting creative are billed at additional costs to the initial estimate. The CLIENT will be provided an estimate for the added costs in a timely manner, and will be required to sign and pay in full, prior to any work on the changes proceeding. Depending on the requested changes, this may significantly impact the project and thereby extend timelines and delay the project as time for completion of said changes will have to be calendared in, this is understood by the CLIENT and the PRODUCTION COMPANY. CLIENT will also be required to provide 100% of the cost of the estimated changes. This will be specified in writing by the PRODUCTION COMPANY prior to CLIENT signing.
Production schedules will be established and adhered to by both CLIENT and the PRODUCTION COMPANY, 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 the PRODUCTION COMPANY. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
HOURS OF OPERATION
The regular business hours for the PRODUCTION COMPANY are from Monday to Friday, 9AM to 5PM. Any contact by the CLIENT outside of regular business hours will be responded by the next official business day by the PRODUCTION COMPANY. All emails, feedback or requests by the CLIENT will be reviewed and responded by the PRODUCTION COMPANY within a 24-48 hour time span.
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 CLIENT agrees to pay to PRODUCTION COMPANY any charges incurred by PRODUCTION COMPANY in causing CLIENT to comply with the terms of the proposal and these terms and conditions. This includes reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law. These charges are payable upon demand.