For retainers, either party may terminate upon sixty days written notice. In the event that Customer elects to terminate prior to the expiration of the retainer period, Customer shall be liable to the Company for the total cost of Services completed through the date of termination, and for the pro rata amount of the monthly retainer fees at the time of termination.
Customer agrees that Company retains all applicable intellectual property rights in any and all concepts and/or proposals that were communicated to Customer and subsequently unaccepted, unused or rejected.
Customer agrees that Customer is prohibited from creating and/or using a third party to create derivative works based upon any and all concepts and/or proposals that were accepted, used, unaccepted, unused or rejected by Customer.
After work has been reviewed and approved, it is considered final. In no event shall Company be liable to Customer or to any third party for consequential, incidental or special damages, or for lost profits, resulting from or in any manner related to the Services, whether such damages be claimed under contract, tort or any other legal theory.
Customer shall defend, indemnify and hold Company and its representatives, employees and assigns, harmless, from and against any and all claims, demands, actions, causes of action, suits, administrative or other proceedings, debts, covenants, controversies, agreements, promises, damages, losses, liabilities, judgments, executions, costs and expenses whatsoever, at law or in equity, both known and unknown, foreseeable and unforeseeable, liquidated or unliquidated, insured or uninsured, including Company’s reasonable attorney fees (collectively “Claims”), arising from or in connection with Company’s provision of services.
This terms and conditions represent the full and complete understanding of the parties. All notices shall be in writing to the Company’s address. Further, each party working with Company represents and warrants that he/she is duly authorized to execute the same on behalf of the party indicated therein. Any payments made in advance are non refundable.