Terms of Service

TERMS AND CONDITIONS OF ACCEPTANCE

1. Payment Schedule
All invoices are payable on scheduled date via check/PayPal/Square, Venmo or Web at cyberBruce.co. All payment schedules provided per estimate are to be fulfilled as stated. A 1.5 monthly service charge is payable on all overdue balances. The grant of any license &/or right of copyright is incomplete until receipt of full payment.

2. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

3. Estimates
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimates by 10% or more.

4. Alterations
The Client shall be responsible for making additional payment for changes requested by the Client in the original assignment at the standard rate of $35 per hour. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Worker the first opportunity to make any changes.

5. Expenses
The Client shall reimburse the Worker for all expenses arising from the assignment, including the payment of the sales taxes due on this assignment and shall advance a pre disclosed amount to the Worker for the payment stated expenses.

6. Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and original artwork shall be retained by the Worker, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client stated above.

7 Ownership and Return of Artwork
The Developer retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below:

N/A

8. Credit Lines
The Developer and the other creator shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here:________________NO_________________________

9. Releases
The Client shall indemnify the Developer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.


10. Modifications
Modifications of this Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were originally authorized in order to progress promptly with the work.

11. Uniform Commercial Code
The above terms incorporate Article 2 of the Uniform Commercial Code.

12. Code of Fair Practices
The Client and the Developer agree to comply with the provisions of the Code of Fair Practice.

13. Warranty of Originality
The Developer warrants and represents that, to the best of her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use had been obtained on the unlimited basis: that all work or potions thereof obtained through previously published that consent to use has been obtained on the unlimited basis: that the Developer has full authority to make this agreement: and that the work prepared by the Developer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Developer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Developer harmless for all liability caused by the Clients uses of the Developer’s product to the extent such infringes on the rights of others.

14. Limitations of Liability
Client agrees that it shall not hold the Developer or her agents or employees liable of any incidental or consequential damages that arise from the Developer’s failure to perform any aspects of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Developer or a third party.

15 Dispute Resolutions

In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The Arbitrator’s ward shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Developer.

16 Maturity

If company, owners/founders/investors or any known controlling party of the herein party shall trade, be acquired, merge, “Go Public” within IP, or any other substantial financial advancements to this company, regardless of company name changes or if current ownership is still affiliates the “new” company at the time of maturity, or after such activities occur, it is agreed that the difference of the negotiated rate of $__N/A___ and the full amount of $____N/A____ shall be paid to the Developer, in the amount of $____N/A______.