1 General Terms
1.1 ASSIGNMENT OF WORK: Stingray Branding reserves the right to assign other designers or subcontractors to the work to ensure quality and on-time completion.
1.2 GRANT OF RIGHTS: Upon receipt of full payment, Stingray Branding grants the client the exclusive rights to all finished Work to use as they see fit. Client can use such works on all forms of media to include, but not limited to business cards, shirts, printed materials, and digital items.
1.3 DURATION: This contract remains in effect throughout the time Stingray Branding is performing services for the Client.
Stingray Branding acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Stingray Branding on behalf of the Client or disclosed by the Client to Stingray Branding.
1.5 TRANSFER OF MATERIALS
Upon termination of any agreement, provided that there is no outstanding indebtedness then owing by the Client to Stingray Branding, Stingray Branding shall transfer, assign and make available to the Client all property and materials in its possession or control belonging to the Client. The Client agrees to pay for all costs associated with the transfer of materials.
2.1 PAYMENT: There will be a $50 late fee charged if the Client is ever more than 45 days late on any balance. After 60 days of being delinquent for any Stingray Branding owed dues, Stingray Branding reserves the right to file legal action against the Client for Stingray Branding owed dues, all legal fees, collection costs, and any late fees that are associated with the account.
2.2 DORMANT PROJECT FEE: We work hard to keep things on schedule and schedule resources around the timeline we propose. This takes a commitment from both the Client and our team. Projects that go dormant for longer than 15 days may incur a $75 fee to resume work at the discretion of Stingray Branding. Projects that go dormant for longer than 45 days are subject to be charged any difference in pricing at the time Work is resumed that is being provided by Stingray Branding as outlined above.
2.3 CANCELLATION: The Client has 24 hours from the time of signing any contract to inform Stingray Branding of intent to cancel the contract (via fax or email) or Stingray Branding shall reserve the right to retain all fees that have already been paid and to bill for any dues that accrued during the design process that we have not been compensated for. The Client is further responsible for mailing a request to cancel letter via certified mail to Stingray Branding that is also postmarked within 48 business hours of request to cancel the contract.
3 Client Rights & Liabilities
3.1 PERMISSIONS AND RELEASES: The Client agrees to indemnify and hold harmless Stingray Branding 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 previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
3.2 COPYRIGHT NOTICE: Copyrights are released to the Client upon full payment for any works created.
3.3 RESPONSIBILITY FOR ACCURACY
The Client shall be responsible for the accuracy, completeness and propriety of information concerning your products and services that you furnish to us, verbally or in writing, in connection with the performance of this Agreement.
3.4 RESULTS: Stingray Branding does not offer any guarantees of the return on investment of the Work. However Stingray Branding will be available for ongoing support while the Client is a client of Stingray Branding.
4 General Provisions
4.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of South Carolina.
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