Purpose of Agreement
Client wishes to hire Pinnacle Digital Agency LLC to provide services relating to Client’s Project Specialty as detailed in this Agreement. Pinnacle Digital Agency LLC has agreed to provide such services according to the terms of this Agreement.
Terms of Services
Pinnacle Digital Agency LLC shall provide Client with the services and/or products that were purchased at the time of this agreement.
Cost, Fees and Payment
The total cost (“Total Cost”) for all Services is reflected on invoice that will be received by Client via email. Client shall pay the Total Cost to Pinnacle Digital Agency LLC as follows:
Payment is a non-refundable and must be paid BEFORE services can be fulfilled. At a minimum, Client agrees that the retainer fee (if applicable) fairly compensates Pinnacle Digital Agency LLC for committing to provide the Services and turning down other potential projects/clients.
In the event that any copyrighted work(s) are created as a result of the Services provided by Pinnacle Digital Agency LLC in accordance with this Agreement, Pinnacle Digital Agency LLC owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Pinnacle Digital Agency LLC and may be used in the reasonable course of Pinnacle Digital Agency LLC’s business.
Permitted Uses of Product(s)
1. Pinnacle Digital Agency LLC grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Pinnacle Digital Agency LLC with attribution each time Client uses Pinnacle Digital Agency LLC’s property.
2. Client may not copy, duplicate, distribute, republish, or incorporate the Deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the Project.
3. Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Pinnacle Digital Agency LLC. Client agrees that such proprietary material is solely for their own personal use.
4. Any disclosure to a third party, copying or republishing any portion of the Deliverable or its contents is strictly prohibited and constitutes infringement.
5. The rights granted to Client are for usage of the Final Draft in its original form only. Client’s use of the Final Draft by Client at any other time or location, or for another project or outside the scope of the rights specifically granted herein is strictly prohibited and constitutes infringement. In the event of fraudulent activity, Pinnacle Digital Agency LLC shall be entitled to pursue all remedies under law and equity.
Client has spent a satisfactory amount of time reviewing Pinnacle Digital Agency LLC’s work and has a reasonable expectation that Pinnacle Digital Agency LLC will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Pinnacle Digital Agency LLC will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with current brand style and Pinnacle Digital Agency LLC will try to incorporate any reasonable suggestion made by Client.
However, Client understands and agrees that:
1. Every client is different, with different tastes, budgets, and needs;
2. Project Specialty services are often a subjective art and Pinnacle Digital Agency LLC has a unique vision, with an ever-evolving style and technique;
3. Pinnacle Digital Agency LLC will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
4. Although Pinnacle Digital Agency LLC will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Pinnacle Digital Agency LLC shall have final say regarding the aesthetic judgment and artistic quality of the Services.
Limit of Liability
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Pinnacle Digital Agency LLC. Client agrees to indemnify, defend and hold harmless Pinnacle Digital Agency LLC and its affiliates, employees, agents and independent contractors for any liability, claim or other cause of action arising out of or related to Services and/or product(s) Pinnacle Digital Agency LLC provides to Client.
Unless otherwise provided herein, Client shall pay additional charges for all changes requested which are outside the Scope of the Services on a time and materials basis, at Pinnacle Digital Agency LLC’s standard price specified online, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Pinnacle Digital Agency LLC may extend or modify any delivery schedule or deadline as required by such Changes.
There are absolutely NO REFUNDS under any circumstance. If Client is dissatisfied with the Final Draft provided by Pinnacle Digital Agency LLC, Client MUST contact their Account Manager BEFORE signing off for approval. If Client decides to request revisions after approving the Final Draft, Client MUST reorder service and pay full amount.
The laws of GEORGIA, USA govern all matters arising out of or relating to this Agreement, including torts.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent via email provided during purchase of service(s).
This Agreement constitutes the final, exclusive agreement between the parties relating to the Project Specialty and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
The parties may not amend this Agreement.