Terms and Conditions

Agreement & Definitions

The purpose of this agreement is to establish a continuing and mutually beneficial, cooperative Client / Agency relationship. This agreement is governed by the laws of the state of Florida. Hereinafter, “Client” is defined as the company and person executing this agreement, and “Agency” is defined as Behr Advertising, Inc. d/b/a Green Dot Advertising.

Ownership & Custody

All creative concepts, ideas and designs, prepared for and purchased by the Client shall be the property of the Client on receipt of payment. This includes the final approved version of any digital files for contracted work – i.e. the brochure, video or website. However, this does not include any working files or digital assets generated by the Agency that are not part of the final deliverable or required for the final deliverable to function. In the simplest terms, output files belong to Client and working files belong to the Agency. Copyright of all material produced for the Client is vested in the client, except where previous copyright may exist in purchased material. We, the Agency shall retain, in our care digital files of advertising creative produced on behalf of the Client for a period of three (3) years. Any physical materials such as film, mechanicals or printer’s proofs will not be stored or recovered unless specifically requested by the Client and agreed to by the Agency in writing.

Confidentiality

It shall be our duty as the Client’s agency not to discuss any confidential information entrusted to us by the Client without authorization. All studies and research done on behalf of the Client and paid for by the Client shall remain confidential to the Client.

Contract Term & Cancellation

This agreement is for described work only and is based upon acceptance by the Client within 30 days. Work on the project begins upon receiving the initial payment. Payments are due according to the payment schedule, except for the final payment which is due upon completion. If the client chooses to cancel or abandons the project once work has begun, all payments become non refundable and any additional billable time expended by the agency on behalf of the client is to be paid within 10 days.

Legal Liability & Indemnification

The Agency shall not be liable for delay, omission or error, in any advertisement or marketing communications in the absence of willful fault or neglect. The Agency agrees to exercise its best judgement in the preparation and placing of all advertising and marketing materials for the Client with a view to avoiding any claims, proceedings or suits being made against the Client or the Agency. It is agreed however that the Client will indemnify the Agency against any loss we may incur as the result of any claim, suit or proceedings made or brought against the Agency based upon any advertising or marketing campaigns which the Agency prepared or managed for the Client based on information provided by the Client or published by the Client in the past. Likewise, the Agency will indemnify the Client against any loss the Client may sustain as a result of any claim, suit or proceeding made or brought against the Client caused by the Agency’s negligence.