Terms and Conditions of Engagement.
Payment Terms. All accounts are 30 days from invoice date. Clients who do not have an account will be required to pay COD. Client Reponsibility. Final proof reading and approval of all project documentation including, by way of example, and not limited to, artwork, design and printing. In the event that the Client approves work containing errors or omissions, such as, by way of example, and not limited to, typographic errors or misspellings, the Client shall incur the cost of correcting such errors. Copyright. Crush retain ownership over all raw working and conceptual files. It is Crush’s policy to provide final print ready artwork (in pdf format), design and printing. Creative files and intellectual property remains with the agency unless pre-arranged prior to commencement. No Exclusivity. The parties expressly acknowledge that this engagement does not create an exclusive relationship between the parties. The Client is free to engage others to perform services of the same or similar nature to those provided by Crush, and the agency shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Crush. Limitation of Liability. The services and the work product of Crush are sold ‘as is’. In all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of the agency. In no event shall Crush be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Crush, even if the agency has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. No Solicitation. During the term of the engagement, and for a period of six (6) months after expiration or termination of the engagement, the Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any Designer, employee or Agent, whether or not said person has been assigned to perform tasks under this engagement. In the event such employment, consultation or work-for-hire event occurs, the Client agrees that Crush shall be entitled to an agency commission to be the greater of, either (a) 25% of said person’s starting salary with Client, or (b) 25% of fees paid to said person if engaged by Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for Client. Crush, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity.