(Tonic Lab’s standard terms and conditions located on its estimate and invoice contracts)
Initiation of the project by the client, either verbally or written, constitutes an agreement between Tonic Lab and the client of these terms.
REVISIONS & TERMS.
Unless stated otherwise, there are 1-2 revisions per project item. Additional revisions will be billed extra.
The client will be required to sign off on each step of the project, and follow Tonic Lab’s design and development process.
Rights granted depend upon payment and are limited solely to those agreed upon.
In the event of cancellation or breach by the client, Tonic Lab shall remain the owner of all work and copyrights therein, and be paid a cancellation fee no less than 1/2 the amount estimated, or the amount owed for services rendered to date.
DESIGN & PROGRAMMING.
All design and programming are the exclusive property of Tonic Lab. Rights to use work is not active until the project is complete and paid for. All programming written by Tonic Lab and used for websites is considered licensed, copyrighted intellectual property, and subject to limits of use. Unless otherwise noted in writing, clients receive a license to use the work to the project for what it is created for. Additional uses or the desire to alter or sell code will require additional costs. Unless noted in writing, projects involving multiple designs are intended to finalize on one design, and other discarded design elements remain the property of Tonic Lab. All necessary copy must be submitted electronically. Time spent on the project may be on services other than those specified to complete the project successfully.
Tonic Lab retains the right to reproduce, publish and display all design and programming in Tonic Lab’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement. Under U.S. Copyright Law, Tonic Lab also has a fair use right under copyright law to show final, published works in our portfolio, unless such materials are written in the work orders as to be confidential and not to be publicly presented on an all-access website.
AMOUNT/ ADVANCES DUE.
The final cost may vary if project deliverables are changed by the client or its vendors. The client will be informed of charges exceeding the estimate with a change-order. Delays more than 60 days by the client will be billed in full. Sales tax (San Antonio, Texas, USA) will be added to all projects. One of two payment methods will be utilized for contracted work: 1) Payment in two parts – the client will be billed one half of the estimate upon acceptance of an assignment and balance upon job completion. 2) Net 30 – the client will be billed full amount at the start of the project and will have 30 days to pay for services, providing signed agreement is submitted.
LATE PAYMENTS WILL INCLUDE LATE FEES EQUAL TO 1.5% OF INVOICE PER MONTH.
Client and Tonic Lab agree to submit any disputes hereunder involving more than $200 to arbitration in Bexar County under the rules of the American Arbitration Association. Additionally, the Client will indemnify artists against all claims and expenses, including attorney fees.
WEB SITE SUPPORT.
Support for websites, including errors, is limited to the first 7 days after site launch, and 14 days for projects in excess of $10,000. Beyond this warranty period, the client accepts full responsibility for errors. Tonic Lab is not liable for vulnerabilities, known or unknown, and the client accepts all work as-is. Extended service contracts are available.
By signing Tonic Lab estimates and/or paying Tonic Lab invoices you are agreeing to these terms.