Dream Factory, Inc. will begin creation of each project upon receipt of a deposit fee from THE CLIENT that equals no less than 50 percent of the full billable amount. Upon completion of THE PROJECT, THE CLIENT agrees to remit the remaining balance of the project fee within five business days. Upon receipt of this balance, Dream Factory, Inc. agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. Dream Factory, Inc. retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other, not-for-pay display.
Due to the complexities of international copyright and trademark law, Dream Factory, Inc. will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.
Once THE PROJECT has been initiated and preliminary designs created, all deposits become nonrefundable. All revisions, edits and/or changes requested by THE CLIENT that are not described in the initial quote will be billable. In the unlikely event that Dream Factory, Inc. cannot create a design that THE CLIENT approves of, THE CLIENT may cancel THE PROJECT in writing. The project then becomes subject to a ‘KILL-FEE’, an amount not less than 50 percent of the total amount of THE PROJECT’s billable amount. Dream Factory, Inc. will apply any deposit amounts to this ‘KILL-FEE’. In the event of a job cancellation, artwork remains the exclusive intellectual property and copyright of Dream Factory, Inc. unless released in writing by Dream Factory, Inc. and the remaining balance of THE PROJECT’s billable amount is remitted.
In the course of THE PROJECT, Dream Factory, Inc. will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to Dream Factory, Inc. regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to removal from our servers and placement in our STALE DATED database. Any STALE DATED project is subject to a $100 reactivation and unarchiving fee. This fee is at the sole discretion of Dream Factory, Inc.
All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of Dream Factory, Inc.
Dream Factory, Inc. is NOT liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties, unless said third party is contracted by Dream Factory, Inc. as a ‘work-for-hire’ vendor, or in direct professional consultation with Dream Factory, Inc. Such consultation is subject to fees as agreed to by THE CLIENT and Dream Factory, Inc.
By contracting Dream Factory, Inc. to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein.
*** Each client contract may contain specific provisions that amend the rules set forth in the above Terms and Conditions. In a case where a custom set of terms and conditions are required, Dream Factory, Inc. will attach an amended version of the terms and conditions to the project contract.
If you have any questions about these terms, please feel free to contact us.