Enforceability & Severability
If a provision of this agreement is deemed unenforceable, that provision will be deemed severable from this agreement and will not affect the validity and enforceability of remaining provisions.
1. Extra Services
Any agreed upon services or work outside the scope of the original proposal must be signed off by a recognized Client authority before work on said services begins.
2. Hourly Rates and Expenses
Extra services provided by 2H Media are charged at rates described in our rate schedule (available upon request). Optionally, instead of hourly rates, the Client and 2H Media may choose to agree upon extra services in a fixed cost contract.
All travel expenses (flights, lodging, meal allowances, etc.) will be billed at cost. Detailed itineraries including purpose of expense, goals, and costs will be presented by 2H Media and must be signed off by a recognized signing party prior to embarkation.
3. Billing Period
If the project fee structure includes invoices, invoices are due within 30 days of submission.
4. Failed Payment
2H Media reserves the right to take down any content developed by or hosted by 2H Media at any time if the Client fails to issue a payment by the end of the billing period. Content will remain offline until amounts owing are paid in full. This may result in additional charges.
5. Revisions and Additions
Additional work or revisions will impact the estimated timeline and budget of the project.
6. Client Delays
The Client agrees to produce all information requested by 2H Media in a timely manner. Failure to do so may result in a delayed project completion date and/or additional expenses.
Upon receipt of full payment for the main project, The Client is hereby granted exclusive and unlimited usage and reproduction rights to the final designs and copy text prepared for the Client as part of this project. 2H Media, and any associated person or party responsible for creating the content reserve the right to reproduce any content created in any medium for use in design competitions, future publication, education, portfolio development, and promotion. All materials created in preparation of this project, including digital files, photography, and artwork, shall remain the exclusive property of 2H Media.
The Client agrees to indemnify, defend and hold harmless 2H Media, its officers, agents and employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney’s fees, arising from the following:
- operation of or inability to operate the website, or
- the Client’s misuse of branding material, use of outdated material, or false advertising.
Either party may terminate the project after giving ten (10) working days written notice to the other party. In event of cancellation, the Client shall forfeit 15% of the remaining project funds to 2H Media.
While 2H Media makes an effort to prevent this, the Client is fully responsible for any errors in spelling, typography, illustrative layout, photography or other errors discovered after printing or reproduction or for any work performed by third parties selected by the Client.
11. Entire Agreement
These Standard Terms and Conditions containing our description of services and fees represent the entire agreement between the Client and 2H Media. This Letter of Agreement may only be changed if done so in writing and signed by all parties.