Terms & Conditions

For our services are as follows. If you have questions please contact us.

BRAND WORK  

Responsibilities
Vive Media Co will provide the brand along with all described assets in the SOW (form details) that match. 

You (as the client) will:
Provide Vive Media Co with access, general direction, and past information to help in their marketing efforts. Raw content in video, written and photography
 
CONTRACTUAL TERMS

ADDITIONAL EDITING AND CHANGES. Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by Vive Media Co. All additional changes must be submitted and approved by both parties in writing by an approved Contract Change form.
 
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Vive Media Co in connection with the Services will be the exclusive property of You (as the client) and Vive Media Co. Upon request, Vive Media Co will execute all documents necessary to confirm or perfect the exclusive ownership of You (as the client) to the Work Product.
 
REPRODUCTION OF PRODUCT. Upon successful completion of all compensation terms and outstanding balances owed to the Graphic Designer, Service Recipient is granted full and unlimited reproduction rights to the Project.
 
Graphic Designer retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. Graphic Designer shall at no time reproduce the Project for use in commercial means or for-profit use.
 
Service Recipient may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by designer during work on the Project but not included into the final version of the Project. Such artwork belongs solely to Graphic Designer who may use it at his own discretion.
 
CONFIDENTIALITY. Vive Media Co, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Vive Media Co, or divulge, disclose, or communicate in any manner, any information that is proprietary to You (as the client). Vive Media Co and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
 
WARRANTY. Vive Media Co shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Vive Media Co's community and region, and will provide a standard of care equal to, or superior to, care used by graphic designers similar to Vive Media Co on similar projects.
 
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
 
The failure to make a required payment when due.  
The insolvency or bankruptcy of either party.
The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Contract.
 
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
 
FORCE MAJEURE. If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
 
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
 
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
 
AMENDMENT. This Contract may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
 
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California.
 
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
 
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
PROJECT WORK
These terms apply to You (as the client) and Vive Media Co.
 

Responsibilities
Vive Media Co will provide the project work as described assets in the SOW (form details) that match. 

You (as the client) will:
Provide Vive Media Co with access, general direction, and past information to help in their marketing efforts. Raw content in video, written and photography
 
CONTRACTUAL TERMS

ADDITIONAL EDITING AND CHANGES. Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by Vive Media Co. All additional changes must be submitted and approved by both parties in writing by an approved Contract Change form.
 
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Vive Media Co in connection with the Services will be the exclusive property of You (as the client) and Vive Media Co. Upon request, Vive Media Co will execute all documents necessary to confirm or perfect the exclusive ownership of You (as the client) to the Work Product.
 
REPRODUCTION OF PRODUCT. Upon successful completion of all compensation terms and outstanding balances owed to the Graphic Designer, Service Recipient is granted full and unlimited reproduction rights to the Project.
 
Graphic Designer retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. Graphic Designer shall at no time reproduce the Project for use in commercial means or for-profit use.
 
Service Recipient may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by designer during work on the Project but not included into the final version of the Project. Such artwork belongs solely to Graphic Designer who may use it at his own discretion.
 
CONFIDENTIALITY. Vive Media Co, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Vive Media Co, or divulge, disclose, or communicate in any manner, any information that is proprietary to You (as the client). Vive Media Co and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
 
WARRANTY. Vive Media Co shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Vive Media Co's community and region, and will provide a standard of care equal to, or superior to, care used by graphic designers similar to Vive Media Co on similar projects.
 
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
 
The failure to make a required payment when due.  
The insolvency or bankruptcy of either party.
The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Contract.
 
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
 
FORCE MAJEURE. If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
 
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
 
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
 
AMENDMENT. This Contract may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
 
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California.
 
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
 
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. PREMIERE PACKAGE
These terms apply to You (as the client) and Vive Media Co.
 

Responsibilities
Vive Media Co will provide the monthly premiere package work as described assets in the SOW (form details) that match. 

You (as the client) will:
Provide Vive Media Co with access, general direction, and past information to help in their marketing efforts. Raw content in video, written and photography
 
PAYMENT TERMS
You (as the client) agrees to pay the agreed-upon final amount as is invoiced monthly to provide services. Monthly payments are required at the beginning of each billing cycle to procure work from Vive Media Co. CONTRACTUAL TERMS

ADDITIONAL EDITING AND CHANGES. Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by Vive Media Co. All additional changes must be submitted and approved by both parties in writing by an approved Contract Change form.
 
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Vive Media Co in connection with the Services will be the exclusive property of You (as the client) and Vive Media Co. Upon request, Vive Media Co will execute all documents necessary to confirm or perfect the exclusive ownership of You (as the client) to the Work Product.
 
REPRODUCTION OF PRODUCT. Upon successful completion of all compensation terms and outstanding balances owed to the Graphic Designer, Service Recipient is granted full and unlimited reproduction rights to the Project.
 
Graphic Designer retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. Graphic Designer shall at no time reproduce the Project for use in commercial means or for-profit use.
 
Service Recipient may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by designer during work on the Project but not included into the final version of the Project. Such artwork belongs solely to Graphic Designer who may use it at his own discretion.
 
CONFIDENTIALITY. Vive Media Co, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Vive Media Co, or divulge, disclose, or communicate in any manner, any information that is proprietary to You (as the client). Vive Media Co and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
 
WARRANTY. Vive Media Co shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Vive Media Co's community and region, and will provide a standard of care equal to, or superior to, care used by graphic designers similar to Vive Media Co on similar projects.
 
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
 
The failure to make a required payment when due.  
The insolvency or bankruptcy of either party.
The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Contract.
 
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
 
FORCE MAJEURE. If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
 
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
 
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
 
AMENDMENT. This Contract may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
 
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California.
 
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
 
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract