Commercial Services Agreement
Voice Creative will provide:
Voice actors, advertising copywriting, production and display banner production service. We will respond to all service requests within 24 (twenty four) hours of receipt. Scripts and commercial requests shall be requested by client and will be returned from Voice Creative via the VoiceCreative.com website, email, or other means, as agreed.
Client will provide:
Client agrees to compensate Voice Creative with a single one-time payment, or with monthly payments for an annual agreement. Payment is due before services shall begin, and before the next service month begins for annual clients. Client agrees monthly payments received by Voice Creative on or after the 1st of the month will include a $35.00 (thirty-five dollar) late fee. Voice Creative is not responsible for postal delays. Payments may be made through Paypal or via ACH direct deposit.
Clients current with payment may use the copy, commercials and creative in their Designated Markets Areas only and on broadcast outlet’s station owned live Internet stream. Zipvertising creative may be used in live streams, satellite radio, and displayed on Internet sites as placed by Voice Creative. All other use is prohibited without prior written consent of Voice Creative. When commercials or copy are submitted for awards or recognition, Voice Creative must be notified
Approval Granted for Audio:
All copy submitted for voice recording is considered client approved. Any changes to copy following production request and/or voice recording will result in additional charges and/or additional fees. (Note: A single word change may incur more than a single additional charge.) This change fee is due and payable as incurred by client. An exception may be made on a case by case basis at the discretion of Voice Creative. Re-production due to errors by Voice Creative will be excluded from additional charges.
Client agrees to carefully screen all material provided by Voice Creative before dissemination (by any means) and agrees to assume sole responsibility for the content, including any materials which may be determined libelous, slanderous, or defamatory; or which violate, infringe upon, or give rise to any adverse claim, including without limitation any dramatic, literary, musical, contractual or privacy right of any person or organization.
Non-Disclosure of Information:
Voice Creative and Client, and their respective employees and contractors will not, at any time in any fashion, form or manner, divulge or disclose to any person or organization any information concerning the matters affecting or relating to the business of the other, except as outlined in this agreement, whether said information is deemed confidential, material, or important by accepted business standards.
Voice Creative shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature including, but not limited to: fire, flood, earthquake, hurricane, tornado, pandemic or other natural disaster; war, terrorist activities, government sanctions, blockage, embargo; labor dispute, strike, lockout; interruption or failure of electricity, telephone, and/or Internet service.
Limitation of Damages:
Client agrees Voice Creative shall not be liable for actions, damages, claims or liabilities arising out of decisions made by the client. This shall apply regardless of the form of loss, claim, cost, expense, or damage.
Terms and Termination:
A Unit is valid for a single Voice Actor or script (up to :30); or basic voice over music audio production. Multiple sound effects, music beds, voice actors, rush requests, etc. may require additional production Units.
For non-annual clients, initial service term begins with Unit payment and continues until Units are exhausted.
Until superseded, this agreement shall also govern subsequent Unit purchases.
For annual clients, initial service term begins with Unit payment and continues until Units are exhausted or the last day of the month. Units do not carry to next month.
Annual clients who wish to terminate the agreement early may do so with 30 days notice and payment of one-third of the remaining annual agreement.
Work Request deadline for next day service is 2:00 PM client time for North American clients, and 2:00 PM Eastern Time (USA) for non-North American clients. Work Requests received after this time for next day service may be subject to an additional “rush” charge per service (Copy, Voice Actor, Production, etc.).
Late or declined charges will result in an additional daily $35.00 late fee, and subject client to immediate suspension of service. Unresolved charges remaining 7 (seven) days constitute a breach of this agreement.
Additional charges (ie late fee, rush, copy changes etc.) may be charged at any time and are payable on demand.
Client agrees to pay any and all collection costs incurred by Voice Creative.
Availability of Voice Creative services may be restricted from time to time due to USA holidays, illness or personal leave. Notice will be provided on the Voice Creative website and/or on Twitter @voicecreative.
Failure by Voice Creative to enforce any part of this agreement from time to time does not preclude future enforcement of any part of this agreement.
Payments are non-refundable.
As used in this agreement, Voice Creative refers to all employees, contractors and business partners of Neil Holmes d/b/a Voice Creative.
As used in this agreement, Client refers to all business partners, employees, vendors, contractors and representatives of the compensating enterprise, business or individual.
In the event that a dispute shall arise between the parties of this agreement, the dispute shall be resolved subject to the arbitration laws of the home state of Voice Creative at the time Voice Creative is notified in writing of the dispute. The decision of the arbitrator, including costs and fees for arbitration, shall be final and legally binding to all parties, their successors and assigns. Arbitration will take place where designed by Voice Creative.
By purchase you acknowledge and affirm you are authorized to represent client and guarantee client’s obligations under this agreement will be fulfilled.