Terms
A signed contract, and TBD initial deposit amount are due before commencement of project. Projects will be invoiced when completed by phase at terms of net 14. Amounts do not include any applicable sales tax, which are the responsibility of the client. In the event of default, Think Collective will be entitled to all costs of collection. Work conducted beyond the scope of the agreed upon quotation will be re-quoted before commencement. No additional work will be initiated without prior approval from Client. Reimbursable expenses for all shipping and delivery charges are billed separately, and are not included under this quotation. Think Collective will provide copies of shipping bills upon request.
Project Schedule
Client will be responsible for the timely transfer of information to Think Collective, including all digital or printed files, relevant specifications, and all components and their locations. Both parties will agree upon project schedules before work is to begin.
Intellectual Property
All drawings, designs, documents, etc., created under this contract shall be the property of Think Collective until invoiced fees have been paid in full. Upon final payment, final designs, drawings, renderings, and prototypes of chosen design concepts become property of Client. After product introduction, Client will allow Think Collective reasonable access to models, prototypes, and finished products designed by Think Collective for purposes of obtaining photographs or other visual records for his use. Unless otherwise agreed to in writing, Think Collective will be allowed to publicize photos, drawings, and non-confidential details of the designs for promotional purposes.
Indemnification
Subject to the Limit of Liability as set forth below, Client, agrees to indemnify, defend, save and hold Think Collective harmless for any damages, costs and expenses (including without limitation reasonable attorney's fees) liabilities, or losses that are suffered or incurred as a result of any claim arising directly or indirectly in connection with this project. Such amounts shall not exceed the amounts payable to Think Collective under this agreement. This includes but is not limited to, material breach of your obligations in this agreement, product liability claims and claims by third parties that any part of the products developed for you (including without limitation labels, documentation and promotional materials), violates or infringes on the rights of third parties. Under no circumstances will Think Collective be liable to you or any third party for consequential, incidental, special or punitive damages, or breaches of any express or implied warranties of any kind. Think Collective hereby agrees to indemnify, defend, and hold harmless Client, from and against any claims, losses or damages brought against Client, that are based on a claim that Think Collective 's contribution to the production or development of any product delivered to Client, under this agreement knowingly at the time this agreement was executed infringes trade secrets, patents, copyrights, and trademarks.
Limit of Liability
Client and it’s successors and assigns agree aggregate liability of Think Collective under this agreement is limited to the compensation amount paid to Think Collective from Client for services. We are not liable for incidental, consequential, special, or indirect damages of any kind (including loss of use or interruption of business), whether arising in contract, TORT or otherwise, even if advised of the possibility of such damages.
Client Contracts
The signatures on the contract agreements between Clients and Think Collective, whereby Think Collective will provide development services for Client as outlined a quotation, and subject to the Terms and Conditions of the contract. If either party is compelled to seek legal counsel or to initiate legal proceedings to enforce its rights under the contract, the successful or prevailing party shall been titled to recover from the other party both costs and reasonable attorney’s fees for such counsel or legal proceedings. Legal proceedings include proceedings taken to appeal a court judgment.