Assignment Of Work: JoSon Consulting reserves the right to
assign other designers or subcontractors to the Work to ensure quality and
on-time completion.
JoSon Consulting will make every effort to meet agreed upon
due dates. The Client should be aware that failure to submit required
information or materials may cause subsequent delays in the production. Client
delays could result in significant delays in delivery of finished work.
Payment: Upon settlement in full amounts due under the terms
of this contract, all electronic files hosted as part of the web site are
considered the property of CLIENT, In the event of non-payment, JoSon Consulting
reserves the right to hold the customer and/or agency jointly and severally
liable for such monies as are owed to JoSon Consulting, plus 18% interest, plus any
collection costs that are incurred, on all amounts over 60 days past due.
Additionally, any account that goes over 60 days past due for either hosting
or design fees, may be pulled with a notice of non-payment on the site.
Grant Of Rights: Upon receipt of full payment, JoSon Consulting
grants to the Client rights of ownership in the finished Work (the site as is
published) and all additional materials paid for by Client.
Reservation Of Rights: All rights not expressly granted
hereunder are reserved to JoSon Consulting, including but not limited to all
rights in sketches, comps, or other preliminary materials.
Permissions And Releases: The Client agrees to indemnify and
hold harmless JoSon Consulting against any and all claims, costs, and
expenses, including attorneyıs fees, due to materials included in the Work at
the request of the Client for which no copyright permission or previous
release was requested or uses which exceed the uses allowed pursuant to a
permission or release.
Web Page Design
Payment: Payment shall be advanced to JoSon Consulting in
phases as follows. At the time Agreement, Client shall pay one half of the
total fee. On the date of JoSon Consulting delivery of the final Work, Client
shall pay the final half the total fee. Late fees past thirty days will be
charged at 1.5% per month.
Maintenance Fees: Changes in site maintenance, research,
client input, client consultation, or client direction will be charged at $75
per hour. Billed on a monthly basis payment will be due 15 days after receipt
of invoice.
Additional Services: Any work which the Client wishes JoSon Consulting
to create, which is not specified in the description Section of this agreement
will be considered an additional service. Such Work shall require a separate
Agreement and payment separate from and above that specified in this
Agreement.
Cancellation: In the event that Work is postponed or cancelled
at the request of the Client, JoSon Consulting shall have the right to bill
pro rata for work completed through the date of that request, while reserving
all rights under this Agreement. If additional payment is due, this shall be
payable within thirty days of the Client's notification to stop work. In the
event of cancellation, the Client shall also pay any expenses incurred by JoSon Consulting
and JoSon Consulting shall own all rights to the Work. The Client shall assume
responsibility for all collection of legal fees necessitated by default in
payment.
Revisions: JoSon Consulting shall be given the first
opportunity to make revisions requested by the Client. Work shall be billed at
the hourly rate listed above.
Expenses: Client agrees to reimburse JoSon Consulting for any
of the following expenses necessary in completion of the Work: (e.g. Fonts,
Messengers, Proofs, Props, Research, Shipping, Software, Stock photography,
Travel, Telephone).
COPYRIGHT NOTICE: Copyright notice in Client's name shall be
published with the Work. JoSon Consulting's name shall be published on all pages
noting JoSon Consulting as designer. Should Client change designers, as long
as original design remains intact, credit shall appear as described on all
pages of site.
Authorship Credit: Authorship credit in the name of JoSon Consulting
shall accompany the Work when it is reproduced or published in any manner. If
the finished Work is used as a contribution to a magazine or for a book,
authorship credit shall be given unless specified to the contrary in the
preceding sentence.
Ownership And Return Of Work: The ownership of original
artwork, including sketches and any other materials created in the process of
making the finished Work, shall remain with JoSon Consulting. All such artwork
shall be returned to JoSon Consulting by bonded messenger, air freight, or
registered mail within thirty days of the Client's completing its use of the
Work.
Code Of Fair Practice: The Client and JoSon Consulting agree
to comply with the provisions of the Code of Fair Practice, a copy of which
may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central
Station, New York, New York, 10017.
Arbitration: Any disputes in excess of $1,000 (or the maximum
limit for small claims court) arising out of this Agreement shall be submitted
to binding arbitration before the Joint Ethics Committee or 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 Client shall pay all arbitration and
court costs, reasonable attorney's fees and legal interest on any award or
judgment in favor of JoSon Consulting.