Terms and Conditions
NOTE: If you are buying a packaged service, you may be bound by additional terms and conditions found at: http://jikometrix.net/tos.htm. A packaged service is a service that may include more than one service but is not limited to Web Development, Web Hosting, SSL Certificates, Search Engine Optimization and Domain Registration. These additional terms and conditions can be found at: http://jikometrix.net/tos.htm and would be in addition to the terms and conditions you see here.
With respect to services and the creation of networks, layouts, applications, training, scripts, software and/or web sites (hereinafter referred to as "Work").
1. Reservation of Rights. All rights not expressly granted hereunder are reserved to Tech One Illustration, including but not limited to all rights in sketches, comps, photography, templates, computer files or other preliminary materials.
2. Work Archive and Future Retrieval. Most computer Work is archived for Tech One Illustration’s own security and maintenance reasons. Tech One Illustration will archive and store the finished Work for future Work that may reuse elements of the Work contracted here, as a courtesy only. Tech One Illustration does not guarantee the reliability or availability of the archives created for future use. In the event that the Work is unrecoverable, Tech One Illustration shall have the right to charge an additional fee to recreate the Work contained in the damaged archive.
3. Change of Scope. Any alteration or deviation from specifications involving extra cost will become an extra charge over and above the agreed fee. All agreements contingent upon strikes, accidents, acts of God or delays beyond our control.
3.5) Estimated Fees. Price will stand unaltered for a period of 30-days from date issued, unless noted otherwise.
4. Fee. Client agrees to pay sales tax, if required. Subcontractor and Tech One Illustration’s vendor fees are extra.
5. Additional Usage. If Client wishes to make any additional usage of any portion of the Work, Client agrees to seek permission from Tech One Illustration and make such payments as are agreed to between the parties at that time.
6. Expenses. Client agrees to reimburse Tech One Illustration for the following expenses: Messengers, Models, Props, Travel, Rush Fees and Project related materials.
7. Payment. Client agrees to pay Tech One Illustration within fourteen days of the date of Tech One Illustration's billing, which shall be dated as of the date of delivery of the finished Work. In the event that work is postponed at the request of the Client, Tech One Illustration shall have the right to bill pro rata for the work completed through the date of that request, while reserving all other rights under this Agreement. Overdue payments shall be subject to a service fee of 1.5% monthly.
7.5. Invoicing
All invoices generated will be distributed via your email address on account. It is up to the account holder to keep this information current and maintain access to the email address on account.
8. Revisions. Tech One Illustration shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of Tech One Illustration, an additional fee shall be charged. If Tech One Illustration objects to any revisions to be made by the Client, Tech One Illustration shall have the right to have their name removed from the published work.
9. Cancellation. In the event of cancellation by the Client, the following cancellation payment shall be paid by the Client for any work less than a 3 month term: (A) Cancellation prior to the finished Work being completed: Time and material up to date of cancellation; (B) Cancellation due to finished Work being unsatisfactory: Time and material up to date of cancellation; and (C) Cancellation for any other reason after the finished Work is completed: Time and material. In the event of cancellation, the Client shall also pay any expenses incurred by the Consultant and the Consultant shall own all rights in the Work.
Cancellation of work with a term greater than 3 months will require the client to make a payment of 3 times the agreed monthly payment or balance of the fee due for work, which ever is the lesser fee. The billing upon cancellation shall be payable within fourteen days of Clients notification to stop work or the delivery of the finished art, whichever occurs sooner.
10. Permission and Releases. The Client agrees to indemnify and hold harmless Tech One Illustration against any and all claims, costs, and expenses including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or no privacy release was requested or uses which exceed the uses allowed pursuant to a permission or release.
11. Responsibility of Errors & Omissions. Due to the nature of Tech One Illustration’s Work responsibility for errors & omissions resides with the Client. The Work is to be performed in accordance with sketches, reference materials, specifications and layouts provided by the Client and as negotiate at past meetings. It is the Client’s responsibility to determine if the Work submitted is fit for the Client’s particular use. This responsibility includes and is not limited to visual issues, grammar, spelling, mechanics, calculations, legal implications of content ….. etc. All Work is delivered as is, as presented.
12. Limitation of Remedies In no way shall Tech One Illustration be liable for any damages beyond the scope of the Work contracted, consequential or other wise. Tech One Illustration and its suppliers’ entire liability and the Clients exclusive remedy shall be, at Tech One Illustration’s option to repair or replace the Work contracted with like work or similar Work created by Tech One Illustration.
13. No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Tech One Illustration or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use the Work contracted.
14. No Waiver. If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, such provision or part thereof shall be discarded and the remainder of this agreement without such provision or part thereof shall remain in full force and effect.
15. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before a judge at the Will County Court House and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $2,500.00 shall not be subject to this arbitration provision.
16. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. This Agreement shall be governed by the laws of the State of Illinois, USA.
17. Authorized Agent. Both Client and Tech One Illustration hereby represent and warrant that they have been and are on the date of this agreement duly authorized by all necessary and appropriate action to execute and deliver this Agreement on behalf of themselves or their respective principal.
17.5. Restrictions To Packaged Services: A packaged service is a service that bundles more than one service for a fee, an example is a Brochure style web site. All packaged services are limited to creating the infrastructure for the client. Filling that infrastructure with content is the responsibility of the client. No packaged service will exceed 40 man hours of labor, unless given as part of a written estimate. Client agrees to pay overages, if they occur, that result from modifying base package.
GRANT OF LICENSE.
This agreement grants you the following rights:
I.Software / Scripts . You may install and use one copy of the work, or in its place, any prior version for the same work, on a single computer or server. Work that uses web based technology is to be used on a single domain at anyone time unless other arrangement are made.
II.Storage/Network Use. You may also store or install a copy of the work on a storage device, such as a network server. However, you must acquire and dedicate a license for each separate computer on which the work is installed or run from the storage device. A license for the work may not be shared or used concurrently on different computers or servers.
III.Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the work, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
IV.Separation of Components. The work is licensed as a single product. Its component parts may not be separated for use on more than one computer or server.
V.Rental. You may not rent or lease the work.
VI.Transfer. You may permanently transfer all of your rights under this agreement, provided you retain no copies, you transfer all of the work (including all component parts, the media and printed materials, any upgrades and this agreement), and the recipient agrees to the terms of this agreement. If the work is an upgrade, any transfer must include all prior versions of the work.
18. Changes to the Terms and Conditions. We reserve the right to revise our policies at any time without notice.
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