​​​​Proposal Terms & Conditions

We appreciate the opportunity to submit a proposal and look forward to working with you (“the Client”) on this project. Please read through the Agreement on Terms and Conditions. If this proposal is acceptable to you, we would ask for a deposit of 50 percent before the work begins with the balance due upon completion of the project. A proposal with mulitple phases can be broken out into payments. If the nature of this project changes beyond the scope of this agreement, we will write a change order that we both approve before we proceed with any additional work. We will begin work on this project upon receipt of a deposit and a signed copy of this proposal.

Rights Granted. The Client must pay Cocoa Productions completely before we will grant the Client reproduction rights to any of the work product we create as a result of our professional services for the Client.

Once Cocoa Productions receives payment in full, we will grant the Client exclusive one-time rights to reproduce the work product in the United States of America, unless stated otherwise in writing.

Reservation of Rights. Cocoa Productions reserves all rights that it does not expressly grant to the Client in writing, including, but not limited to, any pertinent copyright and/or trademark rights.

Additional Usage. If the Client wishes to make additional usage of our work product for the Client, the Client agrees to seek and receive prior permission from us and to make such payments as both parties may agree.

Estimated Cost.  The proposal shows an estimated amount the Client will be charged. This figure is based upon the best information provided to Cocoa Productions at the time the Client’s estimate was prepared.

Cocoa Productions reserves the right to adjust this price by plus or minus ten percent (10%) as dictated by the actual costs of the job. The Client agrees to pay the price shown in the proposal, plus or minus ten percent (10%) as invoiced by us.

Deposit, Payment, & Interest. The Client agrees to pay a deposit before work begins, in the amount shown on the proposal. All invoices from Cocoa Productions are due and payable upon receipt.

Client agrees to pay interest charges of one and one half percent (1.5%) monthly that shall be added to any amount owing that has not been paid within thirty (30) days of the invoice date.

Postponement or Cancellation. In the event that work is postponed at the Client’s request, we shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights under this Agreement on Terms and Conditions.

In the event that the Client cancels the project after Cocoa Productions has begun working on it, the Client agrees to pay a reasonable cancellation fee based upon work completed to that point. Upon cancellation, payment shall be due upon the receipt of the invoice, which shall be dated the same day that the Client notified us to stop working on its behalf.

Collection. In the event collectionbecomes necessary, the Client agrees to pay all associated costs, including, but not limited to, interest on past due monies, late fees, court costs, collection costs, and reasonable attorney’s fees incurred to collect the debt.

Scope & Waivers. This Agreement on Terms and Conditions constitutes the entire understanding between the parties. Its terms can be modified only by a written instrument that is signed by both parties; however, the Client may orally authorize expenses or revisions. A waiver of any breach of any provision in this Agreement on Terms and Conditions shall not be construed as a continuing waiver of other breaches of the same or other provisions contained herein.

Successors & Assigns. This Agreement on Terms and Conditions shall be binding upon both parties, their heirs, successors, assigns, and personal representatives.

Governing Law. In addition to Federal law, this Agreement on Terms and Conditions shall be governed by Utah law, regardless of where the Client operates its principal place of business. Jurisdiction and venue shall likewise be determined by relevant Federal and Utah laws.

Severance Clause. If any clause herein is determined to be unenforceable by a court of competent jurisdiction, said determination shall have no effect upon other clauses found herein.

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