Terms and Conditions
When you place an order through our website payment portal you agree to the following terms and conditions.
COMPLIANCE WITH LAW. This Agreement is subject to all applicable federal, state and local laws. The producer and client agree to cooperate with each other to ensure compliance with such laws.
PRODUCT STANDARDS. The Production shall comply with the Client’s quotation dated <<Creation Date>> and incorporate into this Agreement by this reference.
TITLE / RISK OF LOSS. Client shall pay production costs in accordance with this agreement instructions, Producer shall be responsible for production methods and both shall bear equally all risk of damage or loss until the production is complete. Client is responsible for providing at least one hardwired internet connection and constant rate bandwidth of at least 100mbps up and downlink and must be delivered via cat-5 network cable on location to the assigned area of the production "master control" if the event is held in a physical event facility. If the event is "virtual" the producer will be responsible for providing proper internet connection to the producers studio. The producer is not liable for the clients or agents or presenters or event attendees internet connection, computer or connected devices hardware or software. The producer will make all efforts to assist clients, presenters, agents and attendees in connecting to the livestream network and event web portal but the producer is not liable if clients, presenters, agents or attendees are unable to connect to the livestream network or event web portal.
PAYMENT. Scheduling Booking Fee Payment shall be made in the form of Cash, bank-issued Cashier’s Check, United States Post Office issued Money Order payable to “TVPBN.COM” or through our website store at www.tvpbn.com or electronic format to
REFUNDS: There are NO refunds for scheduling booking fees or fees paid for services that have been rendered. When you place an order for services you are paying a scheduling booking fee that requires us to set aside the date and time for your future work order. There is NO refund if you choose to cancel services after having paid the scheduling booking payment fees.
DELIVERY. Time is of the essence in the performance of this Agreement. Client may need to provide certain music or other products for production. Client failure to provide certain music or other products will automatically authorize Producer to determine appropriate music or products for the production or marketing of products or production and the Client agrees to accept the decisions of the producer as final and shall not debate or contest and will accept "as is" without dispute or remedy.
PAYMENT OF TAXES. Client and producer both agree to pay all taxes of every description: federal, state, and municipal, that arise as a result of this agreement independently of each other and shall exclude income taxes.
WARRANTIES. Producer warrants that the production or products shall be free of substantive defects in material and workmanship. Producer shall in no event be liable for any incidental, special, or consequential damages of any nature, even if Client has been advised of the possibility of such damages.
INDEMNITY AND LIABILITY. Client agrees to hold Producer harmless and to defend any and all actions, claims, suits, or proceedings that may subject Producer to liability for defects in the production or products.
INSPECTION. Client, upon receiving possession of a material Product/s, shall have seven (7) days to inspect the Product/s to determine if the Product/s conform to the requirements of this Agreement. If Client, in good faith, determines that all or a portion of the Products are non-conforming, Client may return the Products to Producer at Client’s expense. Client must provide written, signed notice to Producer of the reason for rejecting the Products. Producer will have 90 days from the return of the Products to remedy such defects under the terms of this Agreement. Client's sole remedy for product satisfaction shall be a re-edit of products. Products produced by the Producer are a software and may be easily copied or stolen. Therefore, there shall be no refund for any Product after Client takes possession of the Products. There shall be no financial remedy of any nature for any reason whatsoever from <<Creation Date>> and in perpetuity.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement: A. Client's failure to make a required payment when due. B. The insolvency or bankruptcy of the Client. 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 ON DEFAULT. If the client 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 Producer may terminate the Agreement by providing written notice to the defaulting Client. This notice shall describe with sufficient detail the nature of the default. The Client receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by the Producer providing written notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. Upon payment default, the Client shall pay the non-discounted original price of the Agreement plus interest within 7 days. Failure to pay the non-discounted original price of the Agreement will constitute default on the Agreement and the Agreement will terminate automatically with no further product or service delivery requirements in perpetuity.
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 (hereinafter referred to as “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, fire, explosion, vandalism, storm, theft, death, terrorist action, transportation accident or significant delays or other similar occurrences, orders or acts of military, civil authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts, or work stoppages, hardware or software error, destruction or failure. 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. Client's remedy of Force Majeure shall be limited to a maximum of $100 and the Client shall consider the Agreement fulfilled in entirety.
TERMINATION BY NOTICE OR UPON BREACH. You may terminate your this Contract at any time prior to expiration by written communication to Producer. The Producer may terminate this Contract as a result of breach of any of the provisions of this Contract. Producer may also take actions short of termination of this Contract, if you breach any of its provisions. In determining what actions to take in the event of breach of this Contract, the Producer may consider without limitation the nature and severity of the breach, whether the breach can be or has been cured following notification by Producer of the existence of the same, and whether there are multiple simultaneous, serial or repeating breaches. If you do not agree with action taken by Producer under this paragraph, you may submit your dispute to the Producer by written response to P.O. Box 11, New Plymouth, Idaho 83655.
MODIFICATION OF TERMS. The terms of this Contract may not be modified without written approval of both parties.
JURISDICTION AND GOVERNING LAW. Except to the extent that the Federal Arbitration Act applies, the formation, construction, interpretation, and enforceability of this Contract shall be governed by Idaho law, without giving effect to any choice of law or conflicts of law rules or provisions (whether of the State of Idaho or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of Idaho. The place where this Contract is made is Idaho. Notwithstanding the language of this Agreement, the English language version of the Agreement shall govern.
MISCELLANEOUS. The provisions of this Contract with Producer are severable. In the event that an arbitrator or court of competent jurisdiction determines any portion of this Contract is unenforceable in any respect, then it shall enforce the rest of this Contract to the fullest extent permitted by law without affecting the enforceability of the remaining provisions of this Contract. No waiver of any default or breach of any provision of this Contract, or failure to enforce rights contained therein, shall operate as or be deemed a waiver of any subsequent default or breach. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Contract, including all documents incorporated herein by reference, embody the whole agreement between the Client and the Producer and supersede any prior agreements, understandings and obligations between the Client and the Producer concerning the subject matter of this contract with the Producer as of this date <<Creation Date>>.