ODP Terms and Conditions

Old Dawg Productions (hereinafter referred to as “ODP”) provides its services to you (hereinafter referred to as “the Client”) subject to the following Terms and Conditions. ODP may, in its sole discretion, modify these terms from time to time without notification.

Payment on Projects

The Client is responsible for paying ODP half of the estimated initial design/programming costs at the time service begins.

The remaining balance will be due at the time of completion of services.

After acceptance and delivery of any completed final design file, additional changes will be charged in accordance with the web site maintenance & updates rates.

Copyright and ownership of original design (s)

The grant of any license and/or rights of copyright or programming is conditioned on receipt of full payment. Any design invented by ODP is the sole property of ODP. Conditional release of rights of said design will be included in the contract between ODP and the Client.

Default in Payment

The Client shall assume responsibility for all collection and legal fees necessitated due to a default in payment.

Web programming & graphics not paid for within 30 days of invoice will be removed from Client website until payment is received.

Cancellation

In the event of project cancellation by the Client, ownership of all copyrights and any original artwork, shall be retained by ODP, and a cancellation fee for work completed, based on the prorated portion of the next payment and expenses already incurred, shall be paid by the Client.

Confidential Information

ODP acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, that are supplied by the Client to ODP or developed by ODP in the course of developing the projects are to be considered confidential information. Information shall not be considered confidential it if is already publicly known through no act of ODP.

Expenses

The Client shall reimburse ODP for all expenses arising from this assignment. The Client shall reimburse ODP for any requested stock photography or specialty fonts purchased to complete this assignment.

Credit Lines

ODP shall be given credit on website designs.
ODP shall receive copyright notice in this form:
Created by Old Dawg Productions with a link to our website.
The Client may not remove our credit line while still using our design.

Ownership of Original Artwork

ODP retains ownership of all original artwork (live files used to create artwork), in any media, including digital files, whether preliminary or final.

Alterations

Any alteration of any original art developed by ODP, creating additional art, is prohibited without the express written permission of ODP.

Unauthorized Use and Program Licenses

The Client will indemnify ODP against all claims and expenses arising from uses for which the Client does not have the rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphic programs that require such payments.

Limitation of Liability

The Client agrees that it shall not hold ODP or it’s agents or employees liable for any incidental or consequential damages that arise from ODP’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of ODP or a third party. Furthermore, ODP disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.