Terms and Conditions
Brand Innovation Group, LLC, sometimes doing business as Crash 31 (referred to herein as “BIG”) entered into an agreement with you, its Client (the “Client”), to provide the agreed-upon services to Client (the “Agreement”), and the terms and conditions contained herein shall be part of and incorporated by reference into the Agreement (whether such Agreement is reflected in a contract, proposal and/or estimate approved by the Client).
Pricing: Pricing is valid 30 days from date of estimate. Unless otherwise stated, outside purchases (such as printing, custom fonts, photography, illustrations, renderings, stock images and videos, etc.), freight, or applicable sales tax are not included.
Invoicing / Payment Terms: Project will be invoiced in two installments with 50% at project initiation and the remaining amount invoiced at completion. BIG may, at its sole discretion, invoice in full at project completion. Invoice payment terms are “Net 30 days” with payment due 30 days from invoice date. BIG may, at is sole discretion, require special payment terms or pre-payment for large outside purchases before placing the order. In the event Client fails to pay the account when due, BIG shall be entitled to collect the amount past due plus interest thereon at the annual rate of eight percent (8%) from the date payment is due through the date of payment together with all expenses, including reasonable attorney fees, incurred by BIG in recovering the amounts owed on the account.
Project Termination / Cancellation / Rescheduling: If the project is terminated, cancelled, or rescheduled by the client, BIG will invoice for any work completed to date and for any non-refundable outside costs including, but not limited to booked travel arrangements (hotels, rental cars, flights) equipment rentals (cameras, lights, video equipment), stock video / music, and outside production company costs.
Media Placement Costs: BIG may, at its sole discretion, require that the costs of media placement be paid directly by the Client (via Client’s credit card or established account with the advertiser). BIG’s management fee will be invoiced at the end of the month with payment due 30 days from each invoice date (Net 30 days). BIG will manage the Client’s media placement costs such that the total Client cost (media placement plus management fees) does not exceed the amounts reflected in the Agreement.
Custom Photography and Video Footage Rights: Upon client request, at completion of the project and upon receipt of payment, BIG will send all final custom photography, video files, and / or raw video footage files to the client for future use and editing. Client will retain all rights of ownership for project related custom photography and / or video files. File requests for older projects (completed for more than six months) may incur charges due to the time and costs to unarchive, copy and transfer files.
Copyright / Work Made for Hire: In completing the project, BIG may make outside purchases which may include work that is subject to the copyright laws of the United States, including but not limited to “work made for hire”. Client agrees that if Client makes any changes or additions to the outside purchases that are subject to copyright laws, then Client will indemnify and hold BIG harmless from any and all claims made against BIG by any other party, arising directly or indirectly out of the use of the outside purchases that are subject to copyright laws, including attorney fees, and any costs and expenses incurred in defending against any such claims. In addition, Client agrees that these outside purchases are only available for use and reproduction for the project at hand and may not be used for any other purpose other than the project outlined in the Agreement. The originals will be retained by BIG.
Website Hosting and Support / Legacy Platforms: Standard, paid, support and hosting of Client’s website is available for 4 years from the date of site launch. After 4 years, or upon the discontinuation of support for the platform version, whichever comes first, the website will be classified as a legacy platform and may or may not be able to be supported or hosted by BIG. If BIG is unable to support or host the platform, BIG will supply the Client with all source files for the website and Client may choose to host the site themselves or engage a different web developer of their choosing.
Laws and Jurisdiction: The Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. The parties agree that exclusive jurisdiction and venue for any cause of action arising out of or related to the Agreement shall be in the courts of the State of Indiana, County of Allen. The parties hereby consent to the jurisdiction of said court.
Representative Capacity: Each person approving the Agreement in a representative capacity on behalf of a party warrants and represents to each other party that the person executing the Agreement has the actual authority and power to so sign, and to bind the person’s respective principal to the provisions of the Agreement; and that all action necessary for the making of the Agreement has been duly taken. The Agreement shall be binding upon the Client and upon its successors and assigns.