OWNERSHIP OF ARTWORK
All services provided by Studio Chriate under this Agreement are for the exclusive use of the Client. Upon full payment of all fees and expenses, the Client will own the design, layout, and content of the website, as well as the rights to use and modify them as they see fit.
Studio Chriate retains exclusive ownership and copyright of all source code created for the website. The Client is granted a non-exclusive, perpetual license to use the source code solely in connection with the operation of the website for which it was developed. The Client may not modify, distribute, or otherwise use the source code for other projects without prior written consent from Studio Chriate.
All original artwork created by Studio Chriate, files, or parts contained therein, whether preliminary concepts or final visual presentation, remain the property of Studio Chriate and may not be used by the Client without the written permission of Studio Chriate.
Studio Chriate retains the right to use the completed project and any preliminary artwork for the purposes of design/animation competitions, future publications on design/animation, educational purposes, marketing materials, online posting on Studio Chriate’s website, and physical portfolio. The Client will be credited for usage of the project elements where applicable.
PAYMENT TERMS
Invoices will be provided by Studio Chriate upon completion of the work and prior to any deposit due if requested. Final invoices are sent when the website/artwork/project has been completed and are due within 30 days. If any invoices remain unpaid fifteen (15) days after the date of the invoice Studio Chriate may charge you interest at a rate not exceeding the Cash Rate Target, as fixed by the Reserve Bank of Australia, plus 2%, at the date the bill is issued.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default and as a result, Studio Chriate at its discretion, may suspend the account causing temporary removal of the website. Removal of such does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
If a website development invoice remains unpaid 2 or more months after completion, then the site at Studio Chriate’s discretion can be taken down, sold or taken over by Studio Chriate to recuperate costs. Studio Chriate may also choose to hand the debt over to a collection agency, and only after the website development is paid in full including any late fee amounts will the site be handed over to the Client.
If any hosting invoices remain unpaid for 1 or more months after the invoice date, and after reasonable negotiation with between Studio Chriate and the Client, payment is still not forthcoming, then the debt will be handed to a collection agency and the site will be taken down. Only once paid will the site be handed over to the Client, and the Client will need to find alternate hosting.
In the event where your overdue account is referred to a debt collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs.
PRODUCTION SCHEDULE/DELIVERY OF PROJECT
The client will assume any printing, hosting, binding, shipping or insurance costs related to the project. Any alteration or deviation from the quoted specifications involving extra costs will be executed only upon approval with the client.
Studio Chriate shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Studio Chriate. If such event(s) occur, it shall entitle Studio Chriate to extend the completion/delivery date, by the time equivalent to the period of such delay.
STOCK COMPONENTS
Studio Chriate may use “Stock Components” (photography, motion clips, and sound), whether royalty free (RF) or rights managed (RM), to provide or achieve a certain look and feel in the project. The client has the right to refuse to purchase any stock components with the full knowledge and understanding that the removal of these components may possibly change or alter the aesthetics of the project. At the same time, the project will not contain any unapproved and un-paid stock components when delivered or prepared for production.
A proof of approval as well as a written email will notify and show the client the changes caused by the removal of all unapproved and/or un-paid stock components. Studio Chriate has the right to remove all stock components that have not been purchased and can deliver the rest of the client final-approved-project once the agreed Payment Schedule has been fulfilled.
It’s agreed by both Studio Chriate and the client that all approved stock components must be purchased by the client before the project is completed for delivery or web publishing.
The client will assume responsibility and ownership of all purchased stock components (whether RM or RF) used in the project.
After the project has been delivered for production or to the client, Studio Chriate will not be held liable or responsible for any unlawful use/alteration of stock components if such use/alterations are executed by another party or individual. It is the client’s responsibility to maintain and uphold the rules and regulations that pertain to any used stock components within the project or animation.
THIRD PARTY SHIPPING
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, or binding, Studio Chriate will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
CLAIMS PERIOD
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of thirty (30) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
PROOFING OF FINAL PROJECT
Studio Chriate shall make every effort to ensure the final product is free of any errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no errors contained in the final product.
In order for the job to be delivered (to client, printing press, bindery, mail house or “have it go live” online), aside from agreed payment schedule, client must provide Studio Chriate with approval stating the project is “OK As Is” for final production/delivery.
If the client fails to provide approval, Studio Chriate holds the right to stop/hold the project no matter what is previously agreed/set deadline or scheduled. It is agreed that Studio Chriate is not responsible or held liable for any errors contained in the final product after the final product has been committed/approved by the client to be posted in view of the public.
CANCELLATION
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned to/and retained by Studio Chriate and a fee for work completed, based on the payment schedule/hourly rate and expenses already incurred, shall be paid by the client.
CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential between the client and Studio Chriate, unless consent has been granted by both parties involved.