David Gary Studios
Orlando, FL
tel. (352) 381-7337
fax. (352) 381-7337
DGS Agreement terms
METHOD:
David Gary Studios believes the relationship between
designer and client cannot be overstated. We prefer to work closely with those
principals who have ultimate authority to approve our work. By maintaining
a high level of dialogue directly with our client business leaders, we can
virtually eliminate the potential breakdowns in communication that can lead
to delays or misunderstandings. This top-down emphasis on client participation
helps ensure your satisfaction as work progresses.
TERMS:
° Work quoted under (US)$2500.00 must be prepaid in full.
° All billable hours must be paid in full before producing website
Beta or Prototype.
° Any
additional production costs must be paid in full before final deliverables
may be sent.
° Please read the "David Gary Studios
Rate Guide" for additional pricing for work not quoted within
the project(s) parameters.
° We agree to give the client one (1) round of changes on their project(s),
before we upload their web site to servers, burn a Master CD-ROM, or present
them with the completed work in any other format. There will be no charge
for the first round of changes, depending on the scope of the change( s).
The client will be charged for additional changes – no matter how "minor"
they may be – on their project( s) there after.
° For CD-ROM projects, the client will be charged for additional copies
of a "Master CD-ROM" if additional changes to the content are made
due to the client's negligence (See "David
Gary Studios Rate Guide" for pricing).
° Replication or Duplication costs CD-ROM, AVI, QuickTime, .WAV, .MP3,
or any other media types) must be prepaid in full.
° Balance due in full upon approval of completed work — prior to delivery
(within seventy-two hours) — via Check or Money Order delivered by FedEx,
UPS, USPS or in person.
° Rush jobs and weekend work carries a 100-percent surcharge (x2 normal
rate)
° Additional work performed beyond agreement( s) must be prepaid in
full.
° At our discretion, we agree to provide the client's project viewable
on our servers during development unless the file size is too large for said
project. At anytime we have the sole right to remove the project from our
servers if the client does not meet our terms in this agreement. We will not
place the client's project back on our servers until our terms in this agreement
are met.
° A Timeline for the project will be agreed upon before commencement
of project. Additional day( s) beyond the Timeline will constitute normal
day rate charges unless said work is performed on a weekend – which will carry
a 100-percent surcharge (x2 normal rate). If Timeline is exceeded due to client's
neglect in sending all content or additional approval needed to finish on
Timeline, re-scheduling may need to be impletmented. Re-scheduling fees may
apply. If project has been postponed, pull source fee will be applied ($225.00(US))
° The client agrees to pay the balance of the project in full (if any)
if the project exceeds the Timeline, by fault of the client
not making approvals/ disapprovals and/ or providing us with content in the
agreed upon Timeline.
TIMELINE:
On every project we have an agreed upon Timeline. When we provide a client
with a quote, we also provide dates the project should be completed in. For
example, if we agree the dates of a project will be worked on Oct 1 to Oct
20, then all the final content must be provided to us via email, CD-ROM, or
Zip Disk (100mb) no longer then halfway through the Timeline (May 10). This
is to provide us with enough time to implement the content into the project.
If we do not receive the final content halfway through the Timeline, then
the client agrees to pay the remaining balance (if any) of the project to
us within seventy-two hours, and we agree to implement the content at the
client's leisure – as long as it does not exceed the Timeline (see Terms paragraph
above for additional days added to the Timeline due to the client's negligence).
POLICIES:
° Design copyrights remain the possession of David Gary Studios (see License
Agreement at end of this document).
° Source Code for Flash animations, Photoshop files, DVD or other non-HTML
media is not made available to the client without prior, express written arrangement.
° We reserve the right to decline service to any person or entity without
explanation
° We will not build, maintain, or contribute to web sites containing
material considered to be "pornographic" or "sexually explicit".
LEGAL:
Florida State law applicable to any controversy, and shall be arbitrated
in Florida State. II. Jurisdiction and venue in Florida. III. Attorneys' fees
and costs to David Gary Studios (or to any of its employees) will be paid
in full by the client if we are forced to seek legal action to collect payment
or arbitrate any and all other disputes.
David Gary Studios LICENSE AGREEMENT:
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DAVID GARY STUDIOS. BY HIRING
OUR SERVICES, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF
OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED
HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR
EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE
TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE:
David Gary Studios(" Licensor") grants to you, and your employer
if you are licensing on behalf of your employer, a non-exclusive, non sub-licensable
right to use any creative property obtained from Licensor (collectively, "Digital
Media"). You may use the Digital Media on a worldwide and perpetual basis
as a part of:
I. ADVERTISING AND PROMOTIONAL
MATERIALS INCLUDING PACKAGING; II.
ONLINE OR OTHER ELECTRONIC DISTRIBUTION SYSTEMS INCLUDING WEB PAGE DESIGN
AND BROADCASTS OR THEATRICAL
EXHIBITIONS: III. ANY PRODUCTS INCLUDING FOR-SALE PRODUCTS
OR PUBLICATIONS ELECTRONIC OR PRINT;
IV. MATERIALS FOR PERSONAL, NONCOMMERCIAL
USE AND TEST OR SAMPLE USE, INCLUDING COMPS AND LAYOUTS You may not utilize
the Digital Media in any manner that is not expressly permitted in this license
agreement. Licensor retains all rights not specifically granted above. Except
as specifically provided in this agreement: 1) no Digital Media may be shared
or copied; and 2) you many not create a network of servers, either with or
without a central location, which enables others to share the Digital Media.
Use of the Digital Media, or any part thereof, as a trademark or service mark
is not permitted without express prior written consent. Pornographic use,
use that would be defamatory or libelous absent the consent of the model or
use that is otherwise unlawful is prohibited. No Digital Media may be sublicensed,
resold or otherwise made available for use or distribution separately or detached
from a product or web page. For example, Digital Media may be used as an integral
part of a web page design or presentation, but may not be made available for
downloading separately or in a format designed or intended for permanent storage
or re-use by website users. Similarly, clients may be provided with copies
of Digital Media (including digital files) as an integral part of work product,
but may not be provided with Digital Media or permitted to use Digital Media
separately. You may not include the Digital Media in any electronic template
or application, including those that are web-based, where the purpose is to
create multiple impressions of an electronic or printed product, including,
but not limited to, website designs, presentation templates, electronic greeting
cards, business cards or any other electronic or printed matter.
WARRANTY:
LICENSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, AND YOU MAY
HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE. LICENSOR SHALL NOT
BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS LICENSE
OR OTHERWISE.
LEGAL:
All rights to the Digital Media are owned by Licensor and/ or their licensors
and are protected by United States copyright laws, international treaty provisions
and other applicable laws. The Digital Media are licensed only to you, or
your employer if you are licensing on behalf of your employer. However,
this agreement and the license to use the Digital may be transferred to another
person or legal entity if the following conditions are met: you, or your employer
if you are licensing on behalf of your employer; I. transfer the Digital Media
without keeping or storing any copy, II. do not utilize any Digital in the
future in any manner, III. transfer this physical agreement to the transferee,
and IV. the transferee agrees to be bound by the terms hereof. The license
contained in this agreement will terminate automatically without notice from
Licensor if you, or your employer (if you are licensing on behalf of your
employer) fails to comply with any provision of this agreement. Upon termination,
you (and your employer if you are licensing on behalf of your employer) must
immediately; I. stop using the Digital Media and all copies to Licensor( s),
and II. delete any Digital Media and all copies of all of them from all magnetic
media and destroy all other copies or, upon request of Licensor( s), return
all such copies to Licensor( s). Use of the Digital Media must be in compliance
with all applicable law, including, but not limited to, laws and regulations
relating to currency and the law of moral rights. This agreement will be governed
in all respects by the laws of the State of Florida, U. S. A., without reference
to its laws relating to conflicts of law. Venue for all disputes arising under
this agreement shall lie exclusively in the Superior Courts of the State of
Florida in Lake County or the Federal District Courts of the State of Florida
(as permitted by law) and each party agrees not to contest the personal jurisdiction
of these courts. Notwithstanding the foregoing, Licensor shall have the right
to commence and prosecute any legal or equitable action or proceeding before
any non-U. S. A. court of competent jurisdiction to obtain injunctive or other
relief in the event that, in the opinion of Licensor( s), such action is necessary
or desirable. The Digital Media are "Restricted Computer Software"
and, when provided to or for, or used on behalf of, the United States of America,
its agencies and/ or instrumentalities (the "U. S. Government"),
are provided with "Restricted Rights." Use, duplication or disclosure
by the U. S. Government is subject to restrictions as set forth under the
United States copyright laws and this agreement, and as provided in DFARS
227.7202-1( a), and 227.7202-3( a) (1995), DFARS 252.227.7013( c), FAR 12.212(
a) (1995), or FAR
52.227-19( a)-( d), as applicable.
TERMS AND CONDITIONS OF USE AND COPYRIGHT NOTICE:
ALL MATERIAL COPYRIGHT© 1997-2005 David Gary Studios
PRIVACY POLICY:
David Gary Studios fully respects your rights to privacy and utilizes
the following practices in regards to any information we are provided or obtain
about users of this website. In order to contact David Gary Studios, we may
require you to contact us via our online form, and provide us with your e-mail
address, name, and telephone number. By providing this information to David
Gary Studios, you are agreeing to allow us to utilize this information for
the sole purpose of contacting you. Note that we do NOT share this information
with any other entities. Because of the nature of the internet, such data
may pass through any country and as such these transmissions are beyond our
control.
The client has read, understands and agrees to the terms and conditions as stated above. By signing this document below, you, the client, are legally bound to observe our terms and conditions for doing any said work for you or your company. You also agree that by signing this agreement below that you are the person that has the authority to agree to the terms and conditions and to any contracts that we setforth beyond this agreement.
Company (Print):__________________________________________________
Name (Print):_____________________________________________________
Signature (AUTHORIZED):_______________________________________________________
Address:________________________________________________________
________________________________________________________________
Telephone:_(______)___________________
Fax:_(______)_________________________
Email:__________________________________________________________
Web site:_______________________________________________________
Please Mail or Fax
Signed Agreement to:
David Gary Studios
P.O. Box 358556
Gainesville, FL 32635-8556
FAX: 352.381.7337
E: info@davidgarystudios.com
W: http://www.davidgarystudios.com
(c)1998-2008 David
Gary Studios