Terms of Service
Please advise to review the following Terms thoroughly before conducting business with Ambient Vizions as you should with other contract deals.
Time for Payment | Default in Payment | Changes | Expenses | Cancellation | Ownership of Artwork | Credit Lines
Releases | Modifications | Warranty of Originality | Limitation of Liability | Dispute Resolution | Acceptance of Terms
Revised July 30th, 2012
Time for Payment: Ambient Vizions asks that all orders require a start off fee of 50% of the total bill.
All final invoices shall be paid within 30 days of receipt. The grant of any license or right of copyright is conditioned on receipt of full payment.
A payment plan may be arranged, but shall not exceed over a quarter of a year or a schedule of 4 payments in the time period of a quarter year (which ever comes first). This option falls for those that are due to financial hardship and must prove their status in order to qualify.
Default in Payment: The Buyer shall assume responsibility for all collection of legal fees necessitated by default in payment.
Changes: Buyer shall make additional payments for changes requested in original assignment. However, no additional payment shall be required to conform the original assignment description. The Buyer shall offer Ambient Vizions first opportunity to make any changes.
Expenses: Buyer shall reimburse Ambient Vizions for all expenses arising form this assignment, including the payment of any sales taxes due on this assignment. Buyer's approval shall be obtained for any increases in fees or expenses that exceed the original estimate.
Cancellation: In the event of a cancellation on an assignment, ownership of all copyrights and the original artwork shall be retained by Ambient Vizions, and a cancellation fee for work completed, based on a contract price and expenses already already incurred, shall be paid by the Buyer (in normal circumstances, the cancellation fee would be the starter fee unless more than 50% has been completed).
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Chargebacks - Ambient Vizions will assess a $25 processing fee in the event of a cancellation charge back. The Buyer will also be liable for all collection and legal expenses incurred in the collection of funds owed to Ambient Vizions for services rendered or breach of contract. Buyer concedes that Ambient Vizions will pursue and enforce these terms to the fullest extent of the law.
Ownership of Artwork: Ambient Vizions retains ownership or original artwork, whether preliminary or final, and the Buyer shall return such artwork within 30 days of use.
Credit Lines: Buyer shall give Ambient Vizions and any other creators a credit line with any editorial usage. If similar credit lines are to be giving with other types of usage, it must be indicated to Ambient Vizions.
Releases: Buyer shall indemnify Ambient Vizions against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing of for uses which exceed authority granted by a release.
Modifications: Modification of the Agreement must be written, except that the invoice may include, and Buyer shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
Warranty of Originality: Ambient Vizions warrants and represents that, to the best of knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtains through the undersigned from third parties is original or, if previously published, that the consent to use has been obtained on an unlimited basis; that Ambient Vizions has full authority to make this agreement; and that the worked prepared by Ambient Vizions does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Buyer or others may make of others. Buyer expressly agrees that it will hold Ambient Vizions harmless for all liability caused by the Buyer's use of Ambient Vizions's product to the extent such as infringes on the rights of others.Ambient Vizions expects the Buyer to perform research on their company name and to be sure that the name is not already in use and/or securing a trademark etc. to protect the clients legal rights to any name or image. Ambient Vizions is not responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Limitation of Liability: Buyer agrees that it shall not hold Ambient Vizions liable for any incidental or consequential damages that arise from Ambient Vizion's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Ambient Vizions or third party.
Dispute Resolution: Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration by a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Buyer shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award of judgment in favor of Ambient Vizions.
Acceptance of Terms: In doing business with Ambient Vizions, the Buyer and Ambient Vizions shall evidence acceptance of these terms.