Terms & Conditions

Usage Rights

The ownership of all work product contracted for within this Agreement will be transferred to the Client once final payment has been received by THINK creative group.

Credit Lines & Samples

THINK creative and any subcontractors shall receive a credit line with any editorial usage. Additionally, THINK creative and any subcontractors are entitled to a minimum of three samples each of any completed projects to use in their portfolios, to submit for awards and for self-promotion.

 

Warranty of Originality

THINK creative warrants and represents that, to the best of our knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that THINK creative has full authority to make this agreement; and that the work prepared by THINK creative does not contain any scandalous, libelous or unlawful matter. This warranty does not extend to any uses that the Client or others may make of THINK creative’s product that may infringe on the rights of others. Client expressly agrees that it will hold THINK creative harmless for all liability caused by the Client’s use of THINK creative’s product to the extent such use infringes on the rights of others.

 

Limitation of Liability

Client agrees that it shall not hold THINK creative or any subcontractors of THINK creative liable for any incidental or consequential damages that arise from THINK creative’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of THINK creative or a third party.

 

Waiver

The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder

 

Severability

If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

 

Survival

All provisions of this Agreement relating to limitation of liability, indemnification and Client’s obligations to pay THINK creative for services rendered and expenses incurred shall survive the completion of the Services or any termination of this Agreement.

 

Expenses

All out-of-pocket expenses will be pre-authorized by the Client in writing. Collection of any out-of-pocket expenses will be required in advance or paid to third party directly by the Client.

 

Project Stall/Re-start Fee

If the project stalls for more than 30 days, there will be a re-start fee of $175.00. If a project stalls for 90 days or more as a result of Client not responding or not proving information, etc. THINK reserves the right to cancel the project, collect all monies owed at that time and re-quote the project when the Client is reading to complete their project.

 

Additional fees

Additional fees will apply to all rush jobs.

All work product will be delivered in electronic format. If work products are requested in any format other than electronic, additional fees may apply.

 

Applicable CT sales tax will be applied.

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