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By purchasing our services, you agree to the following terms and conditions:

  1. Expenses: The client will reimburse Awfully Good Media, LLC for expenses, including (a) Incidental and out-of-pocket expenses at cost plus a standard markup of fifteen (15%). (b) Mileage reimbursement, excluding normal commuting, at a rate of fifty-five (0.57) cents per mile. (c) Travel expenses, excluding normal commuting, with client approval, including airfare and rental vehicles.
  2. Additional Costs: Pricing in the Project Proposal covers only Awfully Good Media, LLC fees. Any costs outside the agreement's scope will either be billed at a rate of $150 per man per hour plus materials or custom quoted as an additional work order (AWO).
  3. Hosting Final Deliverables: Awfully Good Media, LLC will host Final Deliverables during the project. If not completed by the agreed date and due to reasons not caused by Awfully Good Media, LLC, the client agrees to pay $45 per month for hosting until the Final Deliverables are transferred to the client's server.
  4. Withholding License: All intellectual property rights' licenses are conditioned on full payment, including outstanding Additional Costs, Expenses, Fees, or other charges.
  5. Changes to Project Scope: If the client wishes to change the Scope of Work after accepting the Agreement, a written Change Order must be submitted. Within five (5) days, Awfully Good Media, LLC will respond with proposed changes, fees, delivery dates, and modifications to the Terms and Conditions.
  6. Major Change: For requests that are near or equal to ten (10%) percent of project time or value, Awfully Good Media, LLC can submit a new Proposal for approval before beginning work.
  7. Minor Change: For non-major changes, clients will be billed hourly at $150 per man per hour and other agreed-upon amounts.
  8. Acceptance/Rejection: Clients have ten (10) days to accept or reject new proposals. Rejection means Awfully Good Media, LLC isn't obliged to perform services beyond the original Agreement.
  9. Delays: Awfully Good Media, LLC will make reasonable efforts to meet the delivery schedule. Extensions, not exceeding 15 days, may be granted. Client delays extend due dates on a day-for-day basis. General delays beyond parties' control are not breaches and result in day-for-day extensions, with written notification.
  10. No-Show/Client Responsibility Penalties: Clients must obtain prior approval for schedule changes. Failing to do so results in a penalty of $150 per man per hour missed.
  11. Evaluation and Acceptance: Awfully Good Media, LLC tests and corrects Deliverables before client receipt. Clients must notify Awfully Good Media, LLC within five (5) business days of any non-compliance. Awfully Good Media, LLC then has five (5) business days to correct and resubmit. The client has five (5) days after receiving a revised Deliverable to approve or request further changes. If, after three (3) corrections, the Deliverables remain unacceptable, a Major Change request may be allowed.
  12. Client Responsibilities: Clients are responsible for providing suitable Client Content, allowing premises access, and making decisions regarding other parties involved.
  13. Representations and Warranties: Client represents that its use of Client Content and Third Party Materials doesn't infringe third-party rights. Awfully Good Media, LLC represents that it will provide services professionally and secure necessary rights. Deliverables won't violate third-party rights.
  14. Indemnification and Liability: Client indemnifies Awfully Good Media, LLC for damages arising from breach of responsibilities or warranties. Awfully Good Media, LLC's liability is limited to the Agreement's fees, and it won't be liable for certain indirect or incidental damages.
  15. Rights to Final Art: Client receives a non-exclusive, perpetual, worldwide license to use Final Deliverables as per the Agreement.
  16. Rights to Deliverables: Client Content remains the client's exclusive property. Awfully Good Media, LLC gets a license to use it for project-related purposes. Awfully Good Media, LLC retains rights to Preliminary Works and Awfully Good Media, LLC Tools. Unauthorized Deliverable alterations are prohibited.
  17. Dispute Resolution: Parties will attempt to resolve disputes through negotiation. If negotiation fails, parties may seek mediation and/or binding arbitration. In other cases, parties consent to local, state, and federal courts in Oregon. Prevailing parties can recover attorney fees and costs.

Please send questions and/or concerns to Christophe Adrien at: christophe@awfullygoodmedia.net