TERMS AND CONDITIONS
Hire Story provides video production services in the field of employment, recruiting and training. The following are the terms and conditions for Hire Story products and services.
Pricing
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Written Proposals. All prices quoted by Hire Story sales staff in a written proposal will remain in effect for a 21-day period from the date the proposal is presented.
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Terms
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All billings will be due upon receipt.
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Video and photo products will be billed upfront.
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Accounting. Hire Story shall provide, at the Client's request, an accurate synopsis of activity of the respective products and/or services used or provided.
Intellectual Property. Client acknowledges that Hire Story is the sole owner of Hire Story trade names, service marks, and logos (Hire StoryMarks). Upon the termination of this Agreement, all rights of Client to use such Hire Story Marks shall cease and Client shall immediately terminate all use of such Hire Story Marks. Client further agrees that other than the limited license to use the Hire Story Marks, set forth above, no other intellectual property of any kind or nature has been conveyed in connection with this Agreement. Client agrees and givesHire Story the right to utilize Client's trade names, service marks, and logos (Client Marks) in Hire Story advertising, videos and photos. All uses of Client Marks will be approved by a designated Client contact before public use of such marks. Upon the termination of this Agreement, all rights of Hire Story to use such Client Marks shall cease and Hire Story shall immediately terminate all use of such Client Marks.
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Assignment. Client shall not assign or transfer this Agreement without the prior written consent of Hire Story, which consent shall not be unreasonably withheld. Hire Story shall not assign or transfer this Agreement without the prior written consent of Client, which consent shall not be unreasonably withheld, unless such transfer is in connection with the sale of all or substantially all of the assets of Hire Story, in which case Client's consent is not required.
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Miscellaneous. This Agreement shall be interpreted according to Arizona State law. The relationship between the parties shall be that of independent contractors, and no party shall be liable for the debts, accounts, or liabilities of another.
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Invoicing Procedures. The invoicing of Client is calculated on a one time agreement set forth in a written proposal.
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Support. Hire Story will consult with the Client and upon request by Client for a reasonable amount of time by telephone during normal business hours to assist the Client with the use of product provided by Hire Story. Normal business hours are defined as Monday through Friday, 8:00 AM to 5:00 PM Arizona time, excluding major holidays observed by Hire Story.
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Video and Photo Rights, Title and Ownership. The final video and photos created by Hire Story in the course of performing the services are the property of the Client in accordance with this Agreement. Intellectual property, trade names, service marks, logos and or photos or video provided by the Client to Hire Story are the property of the Client and may be used by Hire Story to deliver the final video product to the Client. Hire Story shall have use of this content and intellectual property soley for the use of producing the final video project. Hire Story will maintain ownership over b-roll and other footage taken during the production process, but will limit use of this material only for future projects for the Client, at the Client's choosing.
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Video Hosting. Hire Story hosts the video projects on third party websites and servers (such as YouTube and Vimeo). As a result, Hire Story cannot guarantee that these websites and servers will always be available or accurate. Under no circumstances shall Hire Story and its owners, officers, directors, agents, employees, successors, or assignees be liable for any consequential damages of any sort including, but not limited to, loss of goodwill or potential business as a result of a video project not being accurate, not being viewable at a particular time, or not available at all. Client may request that their content not be uploaded to these websites or for their content to be unlisted or password protected on these websites.
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Indemnity. Definition of "Claim": For purposes of this Agreement, the term "Claim" shall mean any claim, action, suit, proceeding or litigation and any loss, deficiency, damages, liabilities, costs and expenses including, without limitation, reasonable attorneys' fees and all related costs and expenses, to be paid to a third party or otherwise incurred in connection with the defense of any claim, action, suit, proceeding or litigation involving a third party.
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Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
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Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. Hire Story's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between Client and Hire Story nor trade practice shall act to modify any provision of this Agreement. Client understands that he or she represents his or her organization when agreeing to the terms of this Agreement.