This Agreement between the parties shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein.
BILLING/INVOICING
"KDM Productions" billing policy for first-time clients unless otherwise noted:
Payment of 1/3 of total amount agreed upon between both parties is due upon signing of established contract. Second 1/3 payment is due 30 days after production has completed. Final payment, or balance due, is due upon delivery of final product.
OUTSOURCING / SUB-CONTRACTOR POLICY
"KDM Productions" reserves the right to outsource the labor of producing the agreed upon video if “KDM Productions” becomes unable to perform the agreed upon project. If “KDM Productions” does need to outsource, “KDM Productions” will notify clients PRIOR to making Any decisions and WILL INCLUDE the clients during any decision making process and/or hiring of external production companies to perform said labor.
TERMINATION
Either party may terminate this Agreement without cause upon written notice to the other party. E-Mail shall be deemed adequate notice by either party. CUSTOMER TERMINATION of “KDM Productions” will put a REFUND OF PAYMENT / CANCELLATION POLICY into effect, which will only amount to finances paid to KDM Productions for work not yet performed. Payment amounts covering work performed by KDM Productions will not be refunded and the client will then take possession of any and all materials of the project to date. Nothing in this paragraph however shall limit "KDM Productions" right to terminate CUSTOMER immediately and without prior notice for violations as set forth herein.
In the event that "KDM Productions" elects to terminate CUSTOMER as a result of its improper acts and breach of the terms and conditions contained herein, CUSTOMER shall not be entitled to a refund.
In the event that "KDM Productions" elects to terminate CUSTOMER without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be a refund as set forth in the REFUND OF PAYMENT / CANCELLATION POLICY.
LIABILITY
CUSTOMER agrees that "KDM Productions" shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
CUSTOMER agrees that it shall not hold "KDM Productions" liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
CUSTOMER agrees to allow “KDM Productions” to use CUSTOMER’S image and/or likeness in any promotional activities as “KDM Productions” sees fit. This may include, but will not be limited to CUMSTOMER phone numbers for use as references, or visual images accessed directly from “KDM Productions”, internet, or other methods, in the form of motion video or still photos. It is understood that CUSTOMER shall receive no compensation for use in any promotional activities. “KDM Productions” WILL NOT use CUSTOMER’S personal information, image and/or likeness in any illegal, degrading, or unprofessional manner. Nor will “KDM Productions” sell CUSTOMER’S personal information, image and/or likeness to any third parites.
IN NO EVENT SHALL "KDM Productions" LIABILITY EXCEED THE TOTAL VALUE PAID TO "KDM Productions" BY CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that any service provided by "KDM Productions" to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, invasion of privacy, and pornography*. In the event that CUSTOMER violates this provision, "KDM Productions” shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle "KDM Productions" to terminate CUSTOMER immediately without prior notice.
* It shall be within the sole discretion of "KDM Productions" to deem material as pornographic or inappropriate.
LEGAL ACTION
CUSTOMER agrees to indemnify and hold "KDM Productions" harmless in any legal action which arises as a result of CUSTOMER'S use of "KDM Productions" services, without limitation or exception including, but not limited to any action brought against CUSTOMER by a third party.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Colorado and jurisdiction shall lie within the State of Colorado. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF COLORADO.
HEADINGS
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
MODIFICATION
The terms and conditions of this Agreement may be modified at the discretion of "KDM Productions" with 30 days written notice to CUSTOMER. E-Mail shall be deemed adequate notice.
ENTIRE AGREEMENT
This Agreement is part of “KDM Productions” standard Proposal and Contract Agreement between the parties. Signing a contract with “KDM Productions” constitutes CUSTOMER’S acceptance of these terms. There are no other understandings or Agreements. Failure to properly notify "KDM Productions" via e-mail, telephone or regular mail of your disagreement with the above terms and conditions PRIOR to signing the contracted agreement will constitute CUSTOMER'S acceptance of same.
GENERAL PROVISIONS
1) Written Agreements and the price(s) set forth therein shall not be binding on “KDM Productions” until the agreement is signed and dated by both parties. This agreement shall supersede any and all previous verbal estimates, quotes or other agreements relating to the subject matter.
2) Quotations are only for work that is outlined in the written proposal provided to CUSTOMER. If through CUSTOMER error, omission, addition or change of mind, work in progress or work accomplished must be re-done one or more times, all such extra work and overtimes will carry an additional charge at current rates for that work. Also, if the length or quantity of the presentation, services or goods surpasses the agreed upon time or quantity, the dollar amount of this agreement will be increased in proportion to the average per-minute, per hour or per unit cost of said presentation, services or goods as originally contracted and due at time of final payment.
3) "KDM Productions" will add interest at the rate of 1.5% per month (18% per annum) to all billings over 30 days past the due date as stipulated in agreement.
4) CUSTOMER will assume liability for any and all legal and other collection fees sustained by “KDM Productions” in the collection of monies due “KDM Productions” by Client per this contract agreement.
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