Terms of Service and Sales Agreement
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The following represents the service and sales agreement between Media Titan and parties wishing to order design or communication services. Please read these terms and conditions prior to placing an order, as they constitute a legally binding agreement.
1. Age - Should an individual wish to order services from Media Titan, that individual must be at least 18 years of age, the minimum age by which one may enter legally binding contracts in one's own name.
2. Billing - By ordering a service from Media Titan, you, or the company you represent, are retaining the services of Media Titan as an independent contractor and will be billed at an hourly rate.
3. Estimate - An estimate of service costs will be provided to you, or the company you represent, prior to work beginning. Media Titan will revise this estimate if changes are made to the work order and will notify you, or a representative of your company, of such changes.
4. Copyright - Media Titan will own all copyrights to materials designed until payment has been received in full for services rendered, at which time Media Titan will transfer copyrights to you, or the company you represent, reserving the right to reproduce your design in our portfolio or in promotional material for Media Titan.
5. Deposit - A deposit will be required before any work will begin, usually one half the total estimated project cost.
6. Payment - Media Titan accepts payment in the following formats:
Direct Wire Transfer
If you elect to use Pay Pal, a 1% processing fee will be added.
7. Limitation of Liability - Under no circumstances will MediaTitan be held liable for any direct, indirect, incidental, consequential or punitive damages resulting from the use of our services.
8. Use of Copyrighted Information - Should you provide design elements or text for use by Media Titan, you, or the company you represent, acknowledge ownership of such elements and that you, or the company you represent, have the right to use such elements. Should it be found that you, or the company you represent, do not have the rights to use design elements supplied to Media Titan for use in designs, you agree to indemnify and hold harmless Media Titan from and against any claim, loss or damage, including its reasonable attorney's fees, resulting from the use of such design elements.
9. Mockups - Mockups of final designs by Media Titan will be provided for customer approval. You, or a representative of the company you represent, may be required to agree in writing that these mockups represent the project vision accurately and that additional charges will be billed for changes requested after the mockup stage has been completed.
10. Late Payment - After the date of completion for the project, you, or the company you represent, will have thirty days to make final payment. MediaTitan will not provide any right to use, or copyright to the design until the final payment has been made in full, nor will Media Titan provide the design to the client other than for purposes of review. Should you not complete payment for an ordered design within thirty days of completion of the project, a 15% late fee will be accessed on a monthly basis, not less than $50.00.
I hereby declare under penalty of perjury that I have read an understand the foregoing terms and conditions of this contract and hereby agree to abide by same in conjunction with placement of my order with Media Titan.
Print Name: _________________________________________________
Print Company Name (if applicable): ___________________________
Sign Name: _________________________________________________
Phone Number: ______________________________________________
Email Address: _______________________________________________
Today's Date: ________________________________________________
Please Sign and mail, fax or email a scanned copy to:
12330 Stowe Drive Suite B
Poway, CA 92064
Spencer Coffin: _______________________________________________