1. Time for payment
A payment of 25% of the final estimate price on all projects is due before project work begins. A 1.5% monthly service charge (18% per annum) is payable on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in Payment
The Client shall assume responsibility for all legal fees and costs necessitated by default in payment. Recovery of attorneys’ fees shall not be limited to actual attorneys’ fees and costs incurred in litigation, but may also include attorneys’ fees and costs incurred in pre-litigation collection efforts following Client’s default. The Client also shall be responsible for any post-judgment attorneys’ fees and costs incurred with regard to efforts to collect on any judgment obtained as a result of Client’s default. The Client understands that in the event any unpaid balance is placed for collections with any third party collection agency a fee of 50% of the unpaid balance will be added to the total amount due. This amount shall be in addition to any other costs incurred directly or indirectly to collect amounts owed under this agreement such as court costs, attorney fees, late fees, and any other fees so stated elsewhere. The authorized fee of 50% and the additional costs and charges listed above represent the actual costs incurred by Doodl to collect amounts owed under this agreement and a corresponding decrease in expected revenue resulting from this signer’s failure to pay as specified in this agreement.
The fees and expenses shown are estimates only. Final fees and expenses shall be shown when the invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by ten percent (10%) or more. Client shall pay any additional final fees and expenses, which do not exceed more than ten percent (10%) of the estimated fees and expenses.
The Client shall be responsible for making additional payments for changes requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer Doodl the first opportunity to make any changes.
The Client shall reimburse Doodl for all expenses arising from this assignment, including the payment of any sales taxes, printing, proofs, media, and electronic file transfers. Doodl retains the right to markup any costs of sales expenses up to twenty percent (20%) the original cost.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Doodl, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client.
7. Copyright Usage
Doodle transfers to the Client the following rights of usage. Any usage rights not exclusively transferred are reserved to Doodle. Usage beyond that granted to the Client herein shall require payment of a mutually agreed upon additional fee subject to all terms. Any transfer of rights is conditional upon receipt of full payment.
- Category of Use: Promotional
- Geographic Area: Any
- Medium of Use: Any
- Time Period: Any
8. Ownership and Return of Original Artwork
Doodl retains ownership of all original artwork (i.e. sketches, paintings, photographs, digital illustrations, etc.), whether preliminary or final, and the Client shall return such artwork within thirty (30) days of use unless indicated otherwise in rights transferred.
9. Credit Lines
Doodl and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here:
The Client shall indemnify Doodl against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed the authority granted by a release.
All modifications that exceed the estimate and go beyond the estimated scope of work will be billed at an hourly rate. Modifications of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
12. Uniform Commercial Code
The above terms incorporate Article 2 of the Uniform Commercial Code.
13. Code of Fair Practice
The Client and Doodl agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central Station, New York, New York, 10017 or the Graphic Artists Guild.
14. Warranty of Originality
Doodl warrants and represents that, to the best of their 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 Doodl has full authority to make this agreement; and that the work prepared by Doodl 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 Doodl’s product, which may infringe on the rights of others. Client expressly agrees that it will hold Doodl harmless for all liability caused by the Client’s use of Doodl’s product to the extent such use infringes on the rights of others.
15. Limitation of Liability
Client agrees that it shall not hold Doodl or its agents or employees liable for any incidental or consequential damages which arise from Doodl’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 of omissions of Doodl or a third party.
16. Dispute Resolution
The parties understand and agree that the proper venue for any litigation or collection efforts arising out of the interpretation or enforcement of this Agreement shall occur in Missoula County, Montana. This Agreement shall be interpreted and construed pursuant to Montana law.
17. Acceptance of Estimate and Terms
Client approval of an estimate, whether by hard-copy or by email, shall evidence acceptance of this terms-of-agreement.
Updated: May 2017