These Terms and Conditions apply to the party accepting the contract which includes all of the hand created and computer-generated illustrations, visualizations, animations, graphics, photographic prints, videographic records and other pertinent materials produced by CylentStudios. Client and their representative agree to be bound by all of the terms and conditions thereof.

ESTIMATES
CylentStudios will provide an itemized cost estimate to the Client for his/her approval of the project based upon the needs discussed during the initial consultation. Revisions and/or additions to the project and the related charges associated with those new changes will be reflected in a revised estimate and/or change order which will be sent to the Client for their approval and signature. The final total balance amount may vary from the original estimate.

ADVANCE PAYMENTS
Upon delivery of the project statement including a formatted payment schedule reflecting the costs associated with the project’s production, Client agrees that services will commence when signed authorization to proceed and receipt of the initial payment (50% of total estimate) has been received.

SUBSEQUENT PAYMENTS
Payments shall be made pursuant to the payment schedule applied to the project. In the event that the Client does not adhere to the payment schedule set forth and agreed upon, all work shall cease until payment is received.

TERMS OF PAYMENT
Client agrees to pay the final balance upon the project’s completion and final delivery. Payment is to be on a C.O.D. basis unless an alternate payment schedule has been agreed upon in writing by both parties.

PROOFS AND REVISIONS
CylentStudios shall provide Client proofs and/ or copies of work-in-progress for his/her approval. Approval of second proofs and/ or copies shall constitute an agreement to accept the project as final and completed. If Client requests alterations or additions to The project which were not addressed previously, both labor and materials costs reflecting those changes will be submitted to the Client for approval. Upon receipt of signed authorization for the charges reflecting those changes and additions, those new changes will be implemented.

DELIVERY
CylentStudios will exercise due diligence in completing projects in a timely manner. Obligation to adhere to the delivery schedule is dependent upon the timely delivery by any/ all vendors and upon the timely delivery by the Client of authorization to proceed, receipt of all pertinent documents, reference materials and specifications, approvals of preliminary work, and any agreed-upon progress payments. If delivery delays occur through no fault of CylentStudios and reasonable steps were taken by CylentStudios to attempt to circumvent or alleviate the delay, CylentStudios shall not be held liable for damages to Client as a result of those delays. Furthermore, CylentStudios cannot be held responsible for exhibits damaged in shipment.

OWNERSHIP RIGHTS
CylentStudios shall have the right to keep computer files or copies of all materials, and shall have the right to use such materials or copies thereof, in publications of any kind for professional promotion of  CylentStudios. In such uses, Client shall be given credit as the commissioning entity. Client agrees to allow CylentStudios to factually represent its involvement in the project to any and all parties. CylentStudios shall not use such materials produced until all legal proceedings relating to such materials have been fully adjudicated

COPYRIGHT
It is expressly agreed that the work created by CylentStudios shall in no way be considered work-for-hire. All ownership and copyright interests remain the exclusive property of CylentStudios. Client is granted a license to use the computer-generated illustrations, animations, visualizations and other materials created in the legal proceeding specifically related to the project. A condition of this license is Client’s timely payment of CylentStudios fees and costs, which Client may satisfy before using the project, by such timely payment. CylentStudios retains ownership of all original artwork created.

INDEMNIFICATION
Client agrees to hold harmless and to indemnify CylentStudios for all costs, expenses, attorney’s fees, or judgments resulting from any claim or lawsuit against CylentStudios for copyright infringement or for any other claim or lawsuit against CylentStudios arising out of the unauthorized reproduction of any work by CylentStudios at the request of Client.

LIMITATION OF DAMAGES
CylentStudios does not assume liability for Client supplied materials, such as pictures, prints, artwork or any other materials which are submitted with orders, whether lost or damaged by fire, theft, negligence or any other means, beyond a $200.00 replacement value. CylentStudios shall not be liable for any other damages and in no event shall it be liable for any consequential damages hereunder.

ATTORNEY’S FEES
Should any litigation be commenced between the Client and CylentStudios, the party prevailing shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for its attorney’s fees which shall be determined by the court in such litigation or in a separate action brought for that purpose.

GOVERNING LAW
This order shall be construed under and in accordance with the laws of the State of Florida.