AUTHORIZATION OF WORK
I authorize that I am the Customer or the authorized agent of the Customer, and I am authorized to enter into this Agreement.
COMMENCEMENT OF WORK
TC starts work to create the Project immediately upon execution of this agreement by all parties and delivery of the first payment in accordance with the signing and return of the contract/project proposal. No work shall be commenced until TC has received the deposit with the signed Project Proposal.
DELIVERY OF PROJECT
TC will use its best efforts to deliver the Project in accordance with the Project Proposal. Client acknowledges that any request for changes in the Project may result in delays in the delivery date. Any costs of shipping or insurance related to delivery of the Project shall be the responsibility of Client. The Client will assume the risk of the word product when in transit.
CHANGES IN PROJECT
Any changes required by Client in the Project shall be requested in writing and shall be subject to payment immediately for the extra cost incurred. A change order form can be provided.
If TC’s ability to provide the Project shall be curtailed or limited directly or indirectly by unforeseen illness or injury, actions or negligence of the Client, act of God, act of public enemy, acts of government bodies or agencies, for any matter outside the control of TC, the delay or failure of TC to provide the Project to the Client shall not constitute a breach or failure of performance under this agreement for the period of time occasioned by any such occurrence and the date for delivery shall be extended accordingly.
PROOF READING AND REVIEW
TC shall make every effort to ensure that the Project is free from spelling, numerical, or grammatical errors. TC shall provide a draft of the Project to the Client for Client’s review and comment. The Client shall be responsible for Proof reading the Project within a given timeframe for review and ensuring that there are no spelling, numerical, or grammatical errors or other errors which have not been found by the examination of TC before the Project is committed to its final format and sent for production. TC shall not be responsible for any errors contained in the Project after the Project has been committed to print or posted in view of the public.
LIMITATION OF LIABILITY
TC shall not be liable for any incidental or consequential damages which Client suffers as a result of TC’s failure to complete any part of the Project in a timely manner regardless of whether such failure was caused by intention or negligent acts or omissions of TC or of a third party. TC exclaims all implied warranties including the warranty of merchantability or fitness for a particular use.
THIRD PARTY SHIPPING
In the event any material necessary for the production of the Project must be shipped to a third party for additional processing, printing, typesetting, photographic work, colour separation, press work, or binding, TC will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
In the event of cancellation of the Project, ownership of all copyrights and the original artwork and disks shall be returned and retained by TC, and a fee for work completed, based of the contract price and expenses already incurred, shall be paid by the Client.
All correspondence and documents provided will be treated as confidential between the Client and TC, unless consent has been granted by both parties.
This agreement constitutes the entire agreement of all the parties with respect to the subject matter hereof and except as stated in this agreement there are no representations, undertakings or agreements of any kind between the parties respecting the subject matter hereof.
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon and ensure to the benefit of the parties hereto, their personal representatives, successors and assigns.
This agreement shall be governed by the laws of the Province of Ontario. (Canada) All disputes, controversy or claims arising out of or in connection with this agreement shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
Last updated on September 5th, 2014
Questions? Call (705) 327 4588