TERMS AND CONDITIONS
Agreement between MARK DUPUIS and business or individual identified on this agreement.
The client/individual listed below is subject to the following terms and conditions.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that MARK DUPUIS may be contracted to produce or provide for CLIENT will be subject to the following:
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it imCLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases.
We will begin work upon CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES – CLIENT agrees to pay MARK DUPUIS in accordance with the terms specified in each proposal/estimate. Unless otherwise specified, all subsequent balances due are payable upon art approval.
Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by MARK DUPUIS after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
NATURE OF COPY – 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. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are 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. MARK DUPUIS is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanical or artwork prior to release for printing or other implementation.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT, MARK DUPUIS will assign the reproduction rights of the design for the use(s) described in the proposal.
According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by MARK DUPUIS, or purchased from a stock agency on your behalf, remain with the individual MARK DUPUIS, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with MARK DUPUIS and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanical and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.
We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
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, MARK DUPUIS will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold MARK DUPUIS harmless for any loss or expense (including attorney ’s fees), and agree to defend MARK DUPUIS 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.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both C L I E N T and the D E S I G N E R, 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 MARK DUPUIS. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS – The validity and enforce-ability of this agreement will be interpreted in accordance with the laws of the State of Texas applicable to agreements entered into and performed in the State of Texas. 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, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.