1. Invoice Procedures: A minimum deposit of 50% is required on all contracts and proposals, payable on signing this agreement. Additional deposits for additions or changes will be at the discretion of the company and or detailed in a Fee Schedule. All deposits are nonrefundable. Final balances for all projects are due prior to shipping unless credit terms have been set up prior to execution of this agreement.
2. All Additions, Project Change Orders (PCO), Reductions will be tracked weekly and invoiced biweekly. Terms will be net 30 from invoice date or prior to shipping whichever is first. If PCO is greater than $2,500.00USD, an additional deposit may be requested,50% due upon receipt at the discretion of FireUp Marketing, Inc.
3. Deadlines that are set forth by FireUp Marketing, Inc. to the client must be adhered to, thereby ensuring that the project will be completed by the completion date. If a client fails to adhere to these deadlines set forth by FireUp Marketing, Inc., client will be responsible for any rush fees that are associated with the project to ensure that the project is completed by the completion date.
4. Payments for services invoiced that are not received within 30 days from date of invoice will be subject to a 1.5% penalty per calendar month.
5. Damages to any contracted equipment or materials by nay member or guest of the client will result in the client being held liable for repair or replacement costs paid within 30 days of the event.
6. FireUp Marketing, Inc. will not be held responsible for any damages to or resulting condition of grass, concrete, driveways, or any other surface of an event space or area used for event access, unless damage is direct result of negligence by FireUp Marketing, Inc. employee or sub FireUp Marketing, Inc.
7. Client agrees that FireUp Marketing, Inc.’s current insurance is adequate for their project. If additional insurance is needed specifically for your event/project, then the client agrees to cover any additional premiums plus a 20% (of the rise of premium) administrative charge for the instance.
8. The location of all the contracted event equipment or fabricated pieces I to be determined and clearly indicated by the client prior to events commencement. All consequences resulting from inadequate conditions of the site or improper layout will be the responsibility of the client. It is the client’s responsibility that all relevant federal, state and local regulations are adhered to, including but not limited to, permitting required insurances.
9. Unless specifically stated in the SOW or Proposal, FireUp Marketing, Inc. will not be responsible for any permitting, and that all permits are the sole responsibility of the client.
10. Client agrees to indemnify, defend and hold harmless FireUp Marketing, Inc. (Fire Up Marketing, Inc.) from any lawsuit in connection with injury or accident involving event guests, staff or affiliates which may occur from use or misuse of event equipment or fabricated pieces, unless caused by the negligence or the wrongful conduct of FireUp Marketing, Inc.. Client assumes all responsibility for its guests and staff for their actions.
11. Client agrees that any damage resulting from transportation once an item leaves FireUp Marketing, Inc’s shop or from transit between event locations will be repaired at the cost of the client and FireUp Marketing, Inc. is not responsible for third party freight or transport costs, including but not limited to liftgate services, overages, damage, insurance or claims.
12. Any claims resulting out of damaged freight will follow all rules and regulations set out by the specific carrier handling the freight or package.
13. FireUp Marketing, Inc. will do everything in its power to accurately quote and propose shipping charges prior to delivery. Client agrees to pay all charges based upon final bill received from FireUp Marketing, Inc. from the carrier resulting from the shipment of goods. This can include but is not limited to: Detention, damaged items, liftgate charges, attempted delivery, inaccurate delivery address information
14. All packages and freight should be inspected prior to accepting delivery.
15. It is understood, intended and agreed that should FireUp Marketing, Inc. be unable to fulfill any of the obligations of this contract by reason or accident, riot, strike, epidemic, catastrophe, war, embargo, fire, state of emergency, mechanical breakdown, serious illness, shortage of or inability to obtain labor, terrorist attack, or act of God, the performance of said obligations of FireUp Marketing, Inc. may be delayed, interrupted or excused.
16. Client agrees that if additional labor is required above what is proposed in the SOW or Proposal, or additional labor is hired onsite by an authorized client representative (project manager) then the client will immediately pay all invoices associated with the additional labor costs including but not limited to: minimums and maximum work hours, time and a half, double time, holiday pay, OT, breaks, meal penalties, parking, short turnaround fees, or any other fees FireUp Marketing, Inc. may incur due to its contracts with the labor once invoiced. FireUp Marketing, Inc. additionally agrees to provide as much information regarding estimated costs at the time of ordering labor to allow client to make as educated of a decision as they can.
17. Client agrees that any change in delivery/event date, whether sooner or later than the original agreed to deliver or installation date will be subject to approval by FireUp Marketing, Inc. Only an agreement signed by both parties will amend the delivery date. A delay in the project does not change the invoicing dates unless agreed to by both parties.
18. The client has the responsibility to proofread and examine all work produced during the project. Therefore, the client ultimately is responsible for any typographical, spelling, grammar, copy, photographic, illustrative, layout or other errors or omissions discovered after printing or reproduction, or for any work or services performed by any party selected by the client.