WHEREAS, Firewind Productions is offering design, printing, and manufacturing services over the Internet;
WHEREAS, the Client seeks to utilize Firewind Productions' services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Designer can make no guarantee that any given reader shall be able to access Firewind Productions' server at any given time.
Firewind Productions represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Initial Consultation/Quoting
At this time, the Designer and the Client will agree on all content to be provided by the Client in order to progress promptly with the work.
II. Commencement of Service
The Design & Development Period begins on the day that the initial payment is received by Firewind Productions for a product or service. This date is hereafter referred to as the Commencement Date. By making such payment for products and/or services, Client expressly agrees to these terms of contract.
III. Design and Development Period
During this period, the Client's project will be designed, proofing will proceed, any stock photos or other media will be acquired, and any other arrangements necessary for the art will be made. The duration of this process depends on the Designer's schedule and prompt receipt of content to be supplied by the Client.
In order to proceed in an efficient manner, Client agrees to provide all content/information discussed during the initial consultation or any other content/information necessary for the project to the Designer within seven (7) days of commencement of service. The design and development period may be extended if content to be supplied by the Client is not provided in a timely manner or if proofing changes are not received promptly.
Comps & Proofing: 95% of all Firewind Productions' designs are approved within one or two proofs, however we will do as many proofs as are necessary to bring the project design to your complete satisfaction before production. During the Design & Development Period, Firewind Productions will provide up to three comps (rough ideas) and three proofs from each comp (up to a total of nine proofing sessions) at no charge to you. Additional proofs as necessary will be available for $25/ea.
IV. Close of Design & Development Period
The Design & Development Period will end when written approval for the project is received by Firewind Productions. Written approval is required before any printing will begin.
Additional Design Work: Additional design work may be requested at any time during the Design & Development Period at FirewindProductions.com/services/design.
Firewind Productions assumes no responsibility for errors. The Client shall be responsible for final proofreading on the assignment. Written approval of the final proof(s) received during the Design & Development Period indicates that the Client assumes full responsibility for any errors contained therein.
VI. Optional Upgrades
RUSH PROCESSING. The Client may choose to place an optional RUSH SERVICE on the design & production schedule for guaranteed design, production and manufacturing within a specified number of business days (varies by product). The specified rush turnaround begins upon the receipt of all materials necessary for the project to be supplied by the client and complete payment for the project has been made. Please contact us for more information.
VII. Financial Arrangements/Termination
If payment is not received promptly, the Design & Development Period may be put on hold until payment is made. Payments 30 days past due will be considered a project cancellation.
Notwithstanding the above, Firewind Productions may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment.
VIII. Reservation of Rights
Upon completion of the Design and Development period, Firewind Productions will grant the Client full rights to the final approved graphics completed during the Design & Development period.
The Client will retain all rights to all content Client has provided.
Upon cancellation or kill during the Design & Development period, all rights for all content created by Firewind Productions revert to Firewind Productions.
Firewind Productions also reserves and witholds the right to use any images created during the Design & Development period in its portfolio. This right may be waived only via arrangement for payment of a separate fee.
All other rights not expressly granted are retained by Firewind Productions, including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use additional to that expressly granted requires arrangement or payment of a separate fee.
IX. Project Cancellation
In the event of project cancellation, the Client will retain all rights to all content Client has provided during the course of the Design & Development Period.
All files provided by Client during a cancelled Design & Development Period will be deleted within 30 days of project cancellation unless file and data transfer is requested. Firewind Productions reserves the right to charge a reinstatement fee for retrieval of such files.
In the event of project cancellation, Firewind Productions will assume no responsibility for the project unless relevant services are purchased. Also, in the event of project cancellation, the Client may no longer be eligible for their previous project rate.
Firewind Productions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by Client. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
XI. Material Products
Due to the fact that the Internet is neither owned nor controlled by any one entity, Firewind Productions can make no warranties or representations of any kind, whether expressed or implied, for the services it is providing. Firewind Productions also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Firewind Productions' servers is at the Client's own risk, and Firewind Productions specifically denies any responsibility for the accuracy or quality of information obtained. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth.
XII. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks and copyrighted work, if any.
XIII. Hardware, Equipment, & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Firewind Productions.
The Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
XV. Internet Etiquette/Code of Conduct
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of Firewind Productions may not be used to impersonate another person or misrepresent authorization to act on behalf of others or the Designer. All messages transmitted via Firewind Productions' servers should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning and Denial Of Service attacks of any kind. Any evidence of such unauthorized access attempts will result in an immediate termination of Client's account without refund.
XVI. Lawful Purpose/Anti-Spam Policy
Client may only use Firewind Productions' services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is strictly prohibited. To this effect, child pornography is strictly prohibited as well as utilizing any copyrighted information (to which the Client does not hold the copyright or have obtained written permission).
Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate project cancellation without a refund.
XVII. LIMITED LIABILITY
Client expressly agrees that use of Firewind Productions' services is at Client's sole risk. Neither Firewind Productions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Firewind Productions' services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Firewind Productions' services, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Firewind Productions, its offices, agents or any one else involved in creating, producing or distributing Firewind Productions' services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Firewind Productions' services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Firewind Productions' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Firewind Productions' server.
The Client agrees to indemnify and hold Firewind Productions harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work 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.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
Client agrees that it shall defend, indemnify, save and hold Firewind Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Firewind Productions, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client,its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Firewind Productions against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with Firewind Productions' Server;
any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
XIX. CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts. Contract will always be located at this address:
Revisions will be considered agreed to by the Client on renewal of service as specified in Section - Financial Arrangements.
No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties.
Client may not transfer this contract without the written consent of Firewind Productions.
These Terms and Conditions constitute the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Any dispute regarding this agreement shall be arbitrated in Arlington, Washington under the rules of the American Arbitration Association and the laws of the State of Washington. A waiver or 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 the State of Washington and courts of such state shall have exclusive jurisdiction and venue.
Client Signature / Date
Jason C. Hackwith / Date