Between Advanced Concepts - Media
(herein referred to as Advanced Concepts) and clients - herein
referred to as Customer.
ANY work that Advanced Concepts executes for ANY customer is
done so under these specific Terms and Conditions unless stated
otherwise and agreed to by Advanced Concepts prior to starting
work. Concerning printed materials, internet based text and video
text screens, proofreading is the responsibility of the customer.
2. CONFIRMATION: Work Orders can be confirmed verbally
either in person or over the phone without the formality of a
signature. In such event the customer agrees to abide by all
the conditions, prices and specifications as contained within
the formal estimate. Concerning video work and internet based
work, initiation of the work project shall constitute customer's
acceptance of these terms and conditions, since this type of
work cannot begin without interaction and participation on the
part of the customer.
3. ORDERS: Orders, verbal or written, cannot be canceled
except upon terms that will protect Advanced Concepts from loss.
Changes to work orders can be integrated, but the final cost
of the project could be affected. In the event of cancellation
on the part of the Customer, the Customer agrees to pay a "Kill
Fee" of 50% of the outstanding balance notwithstanding any
deposit that has been paid.
4. CHANGES: Any changes or alterations made to the original
work order after Advanced Concepts has begun work may affect
the price and delivery date as quoted on the original estimate.
Any changes must be submitted in writing by an authorized agent
of the customer. In the event that changes are dictated verbally,
Advanced Concepts will submit an itemized list of these changes,
the additional cost (if any), and any change in projected delivery
date. This itemized list will be provided to the customer, and
attached to the the invoice upon completion of the project.
5. CUSTOMER'S ORIGINALS: The customer agrees to hold harmless
Advanced Concepts from all loss, cost, expense or damage for
all claims asserted by the customer against Advanced Concepts.
Any property of the customer left in the possession of Advanced
Concepts for more than thirty (30) days after completion of the
work shall be considered abandoned and may be disposed of by
6. DELIVERY: Unless otherwise specified, the price quoted
is for a single shipment, without storage, F.O.B. Advanced Concepts
7. DEFECTS, DAMAGES, SHORTAGES OR DELAYS: Claims for defects,
damages or shortages must be made by the customer in writing
within a period of five (5) business days after delivery. Failure
to make such a claim within the stated period shall constitute
irrevocable acceptance and as admission that the customer fully
complies with terms, conditions and specifications. In the event
that work or services are deemed to be unacceptable, Advanced
Concepts shall, at its option, repair or replace defective material
or refund any deposit (minus cost of materials) to the customer.
Advanced Concepts liability shall be limited to stated selling
price of any defective goods, and shall in no event include special
or consequential damages, including profits (or profits lost).
Advanced Concepts shall not be responsible for, or penalized
for, late delivery if such delay is due to conditions, circumstances
or incidents outside of its control.
8. SECURITY FOR PAYMENT: As security for payment of any
sum due or to become due, Advanced Concepts shall have the right,
if necessary, to retain possession of and shall have a lien on
all customer property in Advanced Concepts possession, including
work in progress and finished work. The extension of credit or
the acceptances or guarantee of payment shall not affect such
9. TERMS: Unless otherwise specified and without the issuance
of a company Purchase Order, payment shall be fifty per cent
(50%) in advance, net 30 days from date of invoice. For work
less than $500.00, no deposit is required but payment in full
is due upon delivery. Should it become necessary to turn an account
over for collection or legal process, the customer agrees to
pay in full any and all expenses incurred by Advanced Concepts
including legal and attorney fees, court costs, and additional
related expenses which pertain to the specific process. Should
this account be turned over for collection, the customer agrees
to pay in full any and all expenses, fees and commissions as
set forth by the collection agency. This amount shall be added
to the total sum due by the customer to Advanced Concepts. In
addition, any accounts over 30 days past due shall incur an interest
penalty of 1.6% per month (19.2% APR). Monthly processing and
service fees may also be added to the account if collection actions
persist beyond six months.
10. OWNERSHIP: Advanced Concepts shall retain full ownership
and copyright of any and all work completed for the customer,
including video raw footage, until such time as the customer's
account is paid in full. Once payment has been completed, ownership
and copyright shall be the possession of the customer. Failure
to pay for services rendered will constitute federal copyright
infringement. Advanced Concepts is required to advise the customer
of the following: "Federal law provides severe civil and
criminal penalties for the unauthorized reproduction, distribution
or exhibition of copyrighted motion pictures, videos, CDs or
Video Discs (Title 17, United States Code, Sections 501 and 506).
The FBI investigates allegations of criminal copyright infringement
(Title 17, United States Code, Section 506). Copyright infringement
is a felony which could result in a prison term of up to five
years and a penalty of up to $250,000.00 per incident."
11. INDEMNIFICATION: The customer shall indemnify and
hold harmless Advanced Concepts from any and all loss, cost,
expense and damages on account of any and all manner of claims,
demands, actions and proceedings that may be instituted against
Advanced Concepts on the grounds alleging that the production
violates any copyright and/or proprietary right of any person,
or that it contains any matter that is libelous, scandalous,
or invades any person's right to privacy or other personal rights.
The customer agrees to, at the customer's own expense, promptly
defend and continue the defense of any such claim, demand, action
or proceeding that may be brought against Advanced Concepts,
provided that Advanced Concepts shall promptly notify the customer
with respect thereto, and provided further that Advanced Concepts
shall give to the customer such reasonable time as the exigencies
of the situation may permit in which to undertake and continue
the defense thereof.
12. LIMITED WARRANTY: Advanced Concepts warranty in connection
with any and all services performed, work done, or products finished
shall be limited to the sales price of the merchandise and/or
the services recited in the estimate. Advanced Concepts expressly
denies any and all warranties of fitness of merchantability.