- Reservation of Rights: All rights not expressly granted are retained by Get Going Media. Any use additional to that expressly granted requires an arrangement for payment of a separate fee.
- Revisions: Revisions may be made only by Get Going Media at the Preliminary Design phase. Additional fees will be charged for revisions made after three preliminary design revisions, and for additions to project scope.
- Payment Schedule: 50% of the total project fee upon project commencement, remaining upon project completion.
- Payment Terms: Payment due on receipt of invoice. A two and one-half (2.5%) monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement.
- Cancellation Fees: In the event of Cancellation, Get Going Media will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation, all rights to the website revert to Get Going Media and all original art must be returned, including sketches, comps, or other preliminary materials. To use any of the work created in another project or for any other use than the agreed design created by Get Going Media the full project fee will be payable and prior permission granted.
- Credits and Promotion: A credit line suitable to the design of the pages will be used. Client agrees to pay an additional fifty percent (50%) of the total fee, excluding expenses, for failure to include a credit line. Get Going Media reserves the right to include screen shots of the completed work in their portfolio.
- Preliminary Works: Get Going Media retains all rights in and to all Preliminary Designs. Client shall return all Preliminary Designs to Get Going Media within thirty (30) days of completion of the project and all rights in and to any Preliminary Designs shall remain the exclusive property of Get Going Media.
- Permissions and Releases: The Client agrees to indemnify and hold Get Going Media harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Design 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.
- 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 a writing signed by both parties, except that the Client may authorise expenses or revisions orally. 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 UK Arbitration Act. 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 England and Wales.
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