RIGHTS TO FINAL ART
License: NonProfit agency grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to Client are for use of the Final Deliverables in its original form only. Client may not change, create derivative works or extract portions of the Final Deliverables.
Liquidation for unlicensed use: Additional use of any Deliverables by Client outside the scope of the license granted above requires additional fees. Web-Print shall be entitled to further compensation equal to 25 percent of the total original Project fee unless otherwise agreed in writing by both parties. In the event of non-payment, Web-Print shall be entitled to pursue all remedies under law and equity.
RIGHTS TO DELIVERABLES OTHER THAN FINAL ART
Client Content: Client Content is the exclusive property of the Client. Client grants Web-Print a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Web-Prints performance of the Services and limited promotional uses of the Deliverables as authorised in this Agreement.
ADDITIONAL COSTS: Pricing in the Project Proposal includes only Designer fees. Ongoing costs, such as hosting, art licensing or photography, will be additionally billed to Client.
HOSTING FINAL DELIVERABLES: Non Profit Agency will host the Final Deliverables on our own web space while the Project is under construction. If the Final Deliverables are not completed by the completion date listed in the Project Proposal and the delay is not caused by Designer, Client agrees to pay Designer $80au per month for hosting until the Final Deliverables are completed.
Preliminary Works. Non Profit agency retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Non Profit agency within thirty (30) days of completion of the Services.
Designer Tools. All Non Profit agency Tools builds and creations are and shall remain the exclusive property of Non Profit agency. Non Profit agency grants Client a nonexclusive, nontransferable, perpetual, worldwide license to use the Non Profit agency Tools solely to the extent necessary with the Final Deliverables for the Project.
Warranty Go Live Period. During the first 3 months following this Agreement, Non Profit agency shall provide up to 10 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Non Profit agency standard rate.
Maintenance Period. After the Warranty Period expires and at Client’s option, Non Profit agency will provide ongoing Support Services for the website build if the support option is chosen as part of the package.
No Enhancements: The services in the Warranty Period and the Maintenance Period do not include enhancements to the Project or other services outside the scope of the Proposal.
During the Maintenance Period, Client may request that Designer develop enhancements to the Deliverables. Designer shall exercise commercially reasonable efforts to prioritise Designer’s resources to create such enhancements. Client understands Designer may have preexisting obligations that may delay requested enhancements. Designer shall provide any enhancements on a time and materials basis at Designers standard rate
Alterations. Alteration of any Deliverable is prohibited without the express permission of Designer. Designer will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.
General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.