TERMS OF SERVICE
(1.) Services
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1.1 Scope of Services
Lindsay Palmer will perform those services (Custom Mascot Manufacturing) for Client.
1.2. Change Orders
Any changes to the scope of Services shall be mutually agreed upon between Lindsay Palmer and Client. Lindsay Palmer reserves the right to deny any changes to the scope of Services for any reason(s) in her discretion.
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(2.) Client Duties and Responsibilities
Client will abide by Lindsay Palmer’s Terms of Services andwill make available in a timely manner agreed upon by Client and herself any payments, requested measurements, duct tape dummies, and responses to questions, information requests, and confirmation requests from Lindsay Palmer.
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(3.) Interdependencies; Client Delays
Client recognizes that the completion date of the Deliverable is dependent in part on the timely delivery of requested measurements, duct tape dummy, and responses to questions, information requests, and confirmation requests from Lindsay Palmer.
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(4.) Fees and Payment
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4.1 Fees and Expenses
Client will pay Lindsay Palmer all fees and expenses accrued from accepted design changes, shipping the finished Deliverable, defective duct tape dummies, and repairs performed after the Deliverable is received by Client.
4.2 Payment
Client will pay 40% of the Deliverable’s price upon acceptance into Lindsay Palmer’s queue, and will complete the remaining 60% payment within 30 days.
Client recognizes that Lindsay Palmer reserves the right to terminate the commission upon failure to pay in either situation.
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(5.) Schedule
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5.1 Delivery
Client is required to pay shipping costs accrued from delivering the finished Deliverable, and recognizes that Lindsay Palmer is not responsible for damaged or lost Deliverables.
5.2 Completion
Lindsay Palmer will complete Services within a timely manner according to the completion date agreed upon by Client and herself. Completion overdue the estimated completion date is a breach of this Agreement and Client may terminate this Agreement upon written notice pursuant to this.
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(6.) Term and Termination
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6.1 Term
The term of this Agreement will continue in effect unless termination is executed pursuant to convenience or cause.
6.2 Termination for Convenience
Either party may terminate this Agreement upon written notice within 10 days. Unless agreed by both parties, termination pursuant to this Section 5.2 will not relieve Client of its obligation to pay for any Services.
6.3 Termination for Cause
Either party may terminate this Agreement upon written notice if either party has breached any provision of this Agreement and has not cured such breach within 10 days after receiving written notice from the non-breaching party describing such breach in reasonable detail and stating the non-breaching party’s intent to terminate this Agreement.
6.4 Suspension of Services
Notwithstanding any other provision of this Agreement, Lindsay Palmer may suspend Services and the delivery of a Deliverable if: (a) Client breaches any of its obligations under this Agreement including, without limitation, failure by Client to pay any amount under this Agreement within the timeframe set by Lindsay Palmer therefore; or (b) Lindsay Palmer determines that Client may be unable to make any scheduled or expected payment.
6.5 Survival
Notwithstanding any expiration or termination of this Agreement, all payment obligations incurred prior to expiration or termination will survive. All other rights granted under this Agreement will cease upon expiration or termination of this Agreement.
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(7.) Execution
This Agreement may be executed and delivered by duplication and the parties agree that such duplicate execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such duplicate signatures as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used.
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