Voice Creative will provide:
Voice actors, advertising copywriting, 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 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.
Use:
Client 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. 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 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.
Indemnity:
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.
Force Majeure:
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:
For annual clients, initial service term begins with payment and
continues until agreed services are exhausted or the last day of the 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.
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.
Arbitration:
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.