Please read these terms and conditions carefully before availing our services. By engaging with our company and choosing any of our service packages, you are agreeing to be bound by the following terms and conditions:
Terms and Conditions of Service for all Social Media Solutions Packages including Visual Brilliance and Digital Solutions Pro Bundle: Media Blitz and Pro Media Media Boost
PERFORMANCE OF SERVICES. In accordance with the details as prescribed on the Quote and/or Invoice: (1). CDMA Business Model will provide adequate coverage for Client’s event and will produce the highest quality digital video. (2). CDMA Business Model will deliver the professionally produced videos in a timely manner. (3). CDMA Business Model will capture and master the images in digital format, complete with state of the art video editing capability. (4). CDMA Business Model will have the videos outputted in the format of .mp4 and .jpeg for images.
PAYMENT. (1). Client agrees to pay CDMA Business Model, for digital media services which may include videography, photography and/or graphic design services to be rendered by CDMA Business Model. In consideration for this fee, (2). CDMA Business Model will provide one round of drafts or proofs for final purchase of digital media content. (3). On being satisfied with the videos/images taken, Should Client request CDMA Business Model to create a compilation or other material from the footage, the fees for this service will be provided to Client at that time by CDMA Business Model.
TERM. CDMA Business Model and Client agree that this Agreement shall commence on the above date and terminate on the final date of content delivery.. CDMA Business Model shall provide Client with video samples of the final video within 7 business days after final schedule shoot. Said Agreement may be extended and/or renewed by agreement of all parties in writing thereafter.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the “Work Product”) developed in whole or in part by CDMA Business Model in connection with the Services will be the exclusive property of CDMA Business Model. Upon request, CDMA Business Model will execute all documents necessary to confirm or perfect the exclusive ownership of CDMA Business Model to the Work Product.
RELATIONSHIP OF PARTIES. It is understood by the parties that CDMA Business Model is an independent Agreementor with respect to Client, and not an employee of Client. It is understood by Client that soliciting any employees or staff of CDMA Business Model is strictly prohibited and can lead to forfeit of agreement without refund.
CONFIDENTIALITY. CDMA Business Model, 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 CDMA Business Model, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. CDMA Business Model 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 the Agreement.
COURTESY. The videography/photography schedule and selected methodology are designed to accomplish the goals and wishes of Client based on packages selected. Timeline Proposals may be sent out for client review to gain insight into potential delivery dates for a project but packages must be purchased first to confirm. All payments must be received to secure event or onsite location recording dates. CDMA Business Model is under no obligation to work on proposed Timelines without payment. Client and CDMA Business Model agree that positive cooperation and punctuality are therefore essential.
WARRANTY. CDMA Business Model shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in CDMA Business Model’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to CDMA Business Model on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. 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.
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 Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement 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 10 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 Agreement.
FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement 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, other labor disputes, or supplier failures. 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.
ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
ENTIRE Agreement. This Agreement 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 Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be governed by the laws of the District of Columbia.
NOTICE. Any notice or communication required or permitted under this Agreement 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 Agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
CANCELLATION POLICY. A minimum of 3 days notice will be required for cancellation of this Agreement. Any cancellation made with less than 3 days notice prior to the agreed upon service date will result in full payment by Client. If the cancellation is initiated by CDMA Business Model, all monies paid to CDMA Business Model from Client shall be fully refunded. Refund shall be paid out at month’s end.
Terms and Conditions of Service for Digital Solutions Tier I, Tier 2 and Tier 3
- Scope of Services:
- Our service packages, including but not limited to manuscript development, business and financial literacy support, nonprofit development, and government contracting setup, are designed to assist you in your book publishing journey.
- Payment and Invoicing:
- Payment for the chosen service package must be made as per the agreed-upon terms, and invoices will be provided promptly upon payment receipt.
- Client Delays:
- While we endeavor to deliver our services promptly, any delays caused by the client in providing necessary information, feedback, or materials may result in an extension of the project timeline at the client’s expense.
- We respect the confidentiality of your book and personal information. All materials and discussions shared with us will be treated with the utmost confidentiality.
- Intellectual Property:
- CDMA Business Model retains full ownership of the intellectual property rights of assets created and any related materials. However, we reserve the right to showcase the project as part of our portfolio, excluding any confidential or proprietary information.
- While we strive to provide accurate and reliable services, we cannot guarantee specific outcomes or results, as the success of your book or social media works depends on numerous factors beyond our control.
- The terms and conditions of this agreement shall be governed by and construed in accordance with the laws of Washington, D.C., United States, and any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Washington, D.C.
- Limitation of Liability:
- In no event shall we be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with our services, including but not limited to errors, omissions, delays, or loss of profits.
- Termination of Services:
- Either party may terminate the engagement with prior written notice if there is a material breach of this agreement by the other party.
- Modification of Terms:
- We reserve the right to modify these terms and conditions at any time. Any changes will be communicated to you in writing.
- Entire Agreement:
- This agreement constitutes the entire understanding between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements.
PERFORMANCE OF SERVICES
The manner in which the Services are to be performed and the specific hours to be worked by CDMA Business Model shall be determined by CDMA Business Model. Client will rely on CDMA Business Model to work as many hours as may be reasonably necessary to fulfill CDMA Business Model’s obligations under this Agreement.
PAYMENT. Client will pay a fee to CDMA Business Model for the Services in the amount of the Quote Tier or Package Option Selected by Client. This fee shall be payable in a lump sum upon completion of the Services.
EXPENSE REIMBURSEMENT. CDMA Business Model shall pay all “out-of-pocket” expenses, and shall not be entitled to reimbursement from Client.
SUPPORT SERVICES. Client will provide the following support services for the benefit of CDMA Business Model:
NEW PROJECT APPROVAL. CDMA Business Model and Client recognize that CDMA Business Model’s Services will include working on various projects for Client. CDMA Business Model shall obtain the approval of Client prior to the commencement of a new project.
TERM/TERMINATION. This Agreement shall terminate automatically upon completion by CDMA Business Model of the Services required by this Agreement.
RELATIONSHIP OF PARTIES. It is understood by the parties that CDMA Business Model is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of CDMA Business Model.
DISCLOSURE. CDMA Business Model is required to disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict or may conflict with the best interests of Client. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to:
EMPLOYEES. CDMA Business Model’s employees, if any, who perform services for Client under this Agreement shall also be bound by the provisions of this Agreement. At the request of Client, CDMA Business Model shall provide adequate evidence that such persons are CDMA Business Model’s employees.
INJURIES AND INSURANCE. CDMA Business Model acknowledges CDMA Business Model’s obligation to obtain appropriate insurance coverage for the benefit of CDMA Business Model (and CDMA Business Model’s employees, if any). CDMA Business Model waives any rights to recovery from Client for any injuries that CDMA Business Model (and/or CDMA Business Model’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of CDMA Business Model or CDMA Business Model’s employees.
INDEMNIFICATION. CDMA Business Model agrees to indemnify and hold harmless Client from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Client that result from the acts or omissions of CDMA Business Model, CDMA Business Model’s employees, if any, and CDMA Business Model’s agents.Client agrees to indemnify and hold harmless CDMA Business Model from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against CDMA Business Model that result from the acts or omissions of Client, Client’s employees, if any, and Client’s agents.