STANDARD TERMS AND CONDITIONS
Acceptance of Terms. These terms and conditions constitute a part of the contract between Trace Studios Inc. (“Trace Studios”) and Client. Different or additional terms and conditions which may be included in Clients purchase order or other acceptance of this quotation are hereby rejected unless approved in writing by the president of Trace Studios Inc.
Changes in Specifications and Cancellation. After acceptance of this quotation no changes by Client in the specifications will be binding on Trace Studios unless Trace Studios consents to such changes in writing. Additional charges for accepted changes will be billed to Client. Cancellations of bookings must be made within 24 hours or Client will be billed 6 hours of booked time.
Risk of Loss. All risk of damage or loss to the work at any time after arrival is assumed by Client, and such damage or loss shall not in any way release Client from any of its obligations hereunder. Client agrees that Trace Studios shall not be liable for any special, incidental or consequential damages, including without limitation lost income or profits, resulting from damage or destruction to the work prior to delivery at the point specified herein.
Digital Storage and Materials. Digital storage is at Client’s risk and will only be released upon final payment. Digital files will be sent electronically after the session has ended. Trace Studios will keep Master Client files for no longer than 90 days after the original start date. It is the sole responsibility of the client to obtain all files before this time period. Trace Studios is not liable for any files lost or misplaced by the client and advises that the Client have multiple hard and soft backups at all times. If the Client wishes Trace Studios to have a digital copy indefinitely there is a storage fee.
Terms of Payment. If Client defaults in payment of any invoice at due date, or in the event of any proceeding in bankruptcy or insolvency by or against Client, Trace Studios, in addition to any right it has, shall have the right: (a) to suspend or discontinue work until it has received payment in full for work performed; (b) to require cash in advance to cover further work; (c) to collect late charges of 1.5 % per month from due date; and/or (d) to recover all costs of collection, including reasonable attorney’s fees. In the event credit or financial ability of Client becomes impaired or unsatisfactory in the sole reasonable judgment of Trace Studios, Trace Studios shall have the right at any time thereafter to change the credit terms with respect to any further work under this quotation.
FTP Site. Upon request from Client, Client materials may be made accessible to Trace Studios or Client on Trace Studios password protected FTP site. Client agrees to adhere to all Trace Studios FTP site policies as the same may be provided to Client from time to time. Trace Studios is not responsible for any unauthorized use or access to said site or materials. A fee may apply for access to Trace Studios FTP site. All material is subject to deletion once it is posted.
Miscellaneous. Late payment shall be subject to interest charges of 1.5% per month. Client acknowledges and agrees that Trace Studios has the right to stop work, or otherwise withhold further services upon non-payment or other breach of this Agreement. Trace Studios’ acceptance of late payment does not waive any right to receive full payment under these Terms and Conditions.
In the event Trace Studios takes any action to enforce the terms of this Agreement and/or collect payment, Client hereby agrees to pay all costs incurred in connection therewith, including, without limitation, all attorneys’ fees, expenses, and court costs incurred by Trace Studios in its sole discretion. Client further agrees that exclusive jurisdiction and venue for any claim arising out of or under the terms of this Agreement shall be in a state court of competent jurisdiction in Fulton County, Georgia, and Client hereby submits to the jurisdiction and venue of such court.