Terms of Payment
Client agrees to pay all invoices in full within 30 calendar days of invoice date. A finance charge of 10% per annum will be charged for all unpaid balances not paid in full within said 30 days.

Retainers / Progress Payments
Jobs involving products and services in excess of $5,000, or which involve significant charges from other parties to Executive Presentations, may require a retainer to be paid in advance, or progress payments. Jobs in which production time extends over 30 days may be progress billed monthly. Such terms will be agreed to in writing in advance, or during the course of production.

Quotations / Estimates
Executive Presentations will prepare a cost estimate for Client’s signature prior to the start of production or during the course of production. Client understands and accepts that said cost estimate is a best effort attempt by Executive Presentations to establish a cost for its products and services based on the information tendered to it. Should Client direct Executive Presentations to commence work prior to signing its cost estimate, Executive Presentations shall be entitled to payment for all work completed, services provided, and expenses incurred. Estimates are exclusive of applicable state sales taxes and delivery charges. Revisions or additions in the scope of the work or the time frame in which it is required may affect final billing. Cost of services and related charges are more fully set forth in the Pricing Guide which is incorporated herein and made a part hereof.

Cancellation / Termination
Should Client terminate this order at any time for any reason, Executive Presentations shall be entitled to payment for all work completed, services provided, and expenses incurred up to the time of termination.

Proofs & Revisions
Executive Presentations shall provide proof copies of its work product to client. Client is responsible for editing and proofing for spelling, grammar and punctuation. Revisions must be made on a copy/fax of the proof. Executive Presentations will accept verbal revisions, but by doing so will not be responsible for errors resulting from verbal communication.

Delivery
Executive Presentations will be diligent in its efforts to complete projects in a timely manner. Executive Presentations shall not be held responsible for delays in delivering its work product due to Acts of God. Executive Presentations shall not be held responsible for loss, theft and/or damages by a carrier in shipment.

Preparatory Materials and Ownership Rights
All artwork, graphics, video, original text, trademarks, design presentations, cost estimates and other materials produced are NOT “work for hire”. Client acknowledges that Executive Presentations’ ideas and work product are Executive Presentations’ intellectual property and/or trade secrets and are not to be used for any purposes including, but not limited to, obtaining a competitive bid. All intellectual property rights and copyright interests shall remain the exclusive property of Executive Presentations. Client is granted a license to use the work product only in the legal proceeding specifically related to the project. A condition subsequent of this license is Client’s timely payment of Executive Presentations’ fees and costs, which client must satisfy after using the work product, by such timely payment. Executive Presentations retains ownership of all original artwork created.

Ability to Reference
Executive Presentations shall have the right to keep computer files or copies of all materials, and shall have the right to use such materials or copies thereof, in publications for the professional promotion of Executive Presentations. In such uses, Client shall be given credit as the commissioning entity. Client agrees to allow Executive Presentations to factually represent its involvement in the project to any and all parties. All parties agree to follow each other’s reasonable instructions with regard to the use of any of their respective trademarks or services. Executive Presentations shall not use such materials produced until all legal proceedings relating to such materials have been fully adjudicated or, with regard to materials not relating to judicial proceedings, for a period of not less than ninety (90) days from the date of delivery.

Reproduction of Copyrighted Works
Client represents and warrants that by requesting Executive Presentations to reproduce any copyrighted work, Client has obtained permission from the copyright owner to reproduce, distribute and display such copyrighted work.

Indemnification for Claims
Client agrees to hold harmless and to indemnify Executive Presentations for all costs, expenses, attorneys’ fees, or judgments resulting from any claim or lawsuit against Executive Presentations for copyright infringement or for any other claim or lawsuit against Executive Presentations arising out of the unauthorized reproduction of any work by Executive Presentations at the request of Client.

Limitation of Damages
Executive Presentations does not assume liability for Client supplied materials, such as pictures, prints, artwork or any other materials which are submitted with orders, whether lost or damaged by fire, theft, negligence or any other means, beyond a $250.00 replacement value per project. Executive Presentations shall not be liable for any other damages and in no event shall it be liable for any consequential damages hereunder.

Attorneys' Fees
Should any litigation be commenced between Client and Executive Presentations concerning this order, the party prevailing shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for its attorneys’ fees, which shall be determined by the court in such litigation or in a separate action brought for that purpose.

Governing Law
This order shall be construed under and in accordance with the laws of the State of California.

CA Labor Law
Executive Presentations complies with all California Employment Labor Laws, the terms of which apply to its clients during the course of doing business with EP, when interacting with EP’s staff, on and off site, including but not limited to appropriate professional conduct and providing required rest and meal periods.