1) Reservation of Rights: All rights not expressly granted are retained by the Hedgehog Advertising, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires an arrangement for payment of a separate fee.
2) Revisions: Revisions may be made only by Hedgehog Advertising at the Preliminary phase(s). The number of project revisions is not limited before moving onto the color addition process of the of the project. Revisions after moving onto the color phase of the project will be considered out of scope, and be billed as such.
3) Payment Schedule: Half of the total amount will be due before any work begins on the project if the project exceeds $500. The final payment will be due upon final delivery of the project, or before the code is sent to the live server if the project is a website.
4) Payment Terms: Payment due net thirty (30) days from issuance of invoice. A five percent (5%) compounded monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment, and upon the client’s compliance with the terms of this agreement. Signing an agreement document or agreeing to the project via email is an acknowledgment, and acceptance, of the cost of the project and responsible for the payment for the project by the business or organization the signature represents.
5) Cancellation Fees: In the event of Cancellation, Hedgehog Advertising will be compensated for services performed through the date of cancelation in the amount of a prorated portion of the fees due. Upon cancellation, all rights to the designs revert to Hedgehog Advertising and all original art must be returned, including sketches, comps, or other preliminary materials.
6) Credits and Promotion: Hedgehog Advertising reserves the right to include screenshots of the completed work in their portfolio or advertising materials after the project has been completed and published.
7) Preliminary Works: Hedgehog Advertising retains all rights in and to all preliminary works. The client shall return all preliminary works to Hedgehog Advertising within thirty (30) days of completion of the project and all rights in and to any preliminary works shall remain the exclusive property of Hedgehog Advertising.
8) Permissions and Releases: The client agrees to indemnify and hold Hedgehog Advertising harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the design work at the request of the client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release. Once the final payment is received, the client will own the rights to everything that is included in final version of the project. Versions of the projects and collateral material that are unused or discarded will be retained by Hedgehog Advertising.
9) Meeting Fees: In-person meeting further away than 30 road miles from 300 Warren St., Mankato, MN 56003 are subject an additional fee of $110 per hour while traveling to and from the meeting location.
10) Customer Interaction: Conversations that pertain to business between a customer and anyone at Hedgehog Advertising will be performed through the official social media pages, company email(s), or phone calls. Customers should not contact anyone at Hedgehog Advertising through their personal accounts.
11) Miscellaneous: This agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the agreement except under an independent instrument in writing signed by both parties. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Minnesota and courts of such state shall have exclusive jurisdiction and venue. This agreement must be signed and returned before Hedgehog Advertising can schedule or begin this job.
Updated on 11/8/2018
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