Term & Conditions
These Standard Terms and Conditions provide the basis for a good working relationship between Digital Vittles L.L.C a limited Liability Company of the state of WA. Hereto referred to as (DV LLC) and you the (“Client”). The following Terms and Conditions of Service apply to all artwork, graphic design, video creation & Digital Display(s) services provided by (DV LLC). GOODS & SERVICES TERMS OF USE. All work is performed and carried out by (DV LLC) understanding that the client has agreed to these Terms & Conditions. Once a (“Client”) signs and accepts the Quote provided for any (DV LLC) purchase or service, it is mutually understood that these Terms and Conditions are accepted in its entirety. The (DV LLC) Terms & Conditions listed here supersede any verbal or written communications elsewhere. Charges for all artwork, graphic design, video creation & digital displays services to be provided by (DV LLC) will be set out in the quote that is provided to the customer. All payments are due at the time of the customer’s signed acceptance of the quote and payment plan, the quoted fee will become immediately due & paid by the client prior to any approved promotional advertisement being uploaded to the contracted venue(s). (“Client”) acknowledges and accepts the following terms. All sales are final and all payments are non-refundable. (“Client”) will have 7 business days from the date the payment was accepted to provide (DV LLC) any artistic directions, materials, content and/or images they’d like to be considered and/or utilized in the creation of content (ie. menus, Point-of-Purchase Advertising) to be featured on the digital displays. After 7 business days a generic ad will be created and sent to the client to start the design process. (“Client”) will then have an additional 7 business days to respond. Failure to do so, will result in the generic ad going live on screen to begin the 12 month term. (“Client”) will choose from the following digital menu screen advertisement options:
| 0:15 Second “Static” | 0:30 Second “Video” | |
| One (1) 1920px (W) by 1080px (H) static graphic design layout with unlimited updates and revisions. To show on at least one (1) screen four times per business hour for 0:15 seconds per impression. In rotation along with venue artwork and ads and other sponsoring ads throughout venue operating hours.
12 month commitment required. $795.00/year |
One (1) 1920px (W) by 1080px (H) design layout consisted of a mix of video footage and static & animated graphic elements with unlimited updates and revisions. To show on at least one (1) screen twice per business hour for 0:30 seconds per impression. In rotation along with venue artwork and ads and other sponsoring ads throughout venue operating hours.
12 month commitment required. Audio tracks not included. On-site filming not included. $1,500.00/year |
|
| All sales are final and all Fees are non-refundable.Contract is NON-CANCELABLE for the initial term of 12 months. Should clients choose to breach this contract, all remaining unpaid fees shall become due immediately to (DV LLC) and billed to client immediately, all approved advertising shall not be featured on contracted venues until no fees remain due to (DV LLC).
Digital display(s): Defined as any digital flat screen television with HDMI inputs or any SmartTV with both HDMI inputs and Wifi connectivity. Operation: During The Term, (“Client”) approved advertising will be featured on-screen in rotation on at least one (1) digital display at the contracted venue listed in the product description. Rotation will consist of venue art and additional sponsors. Impressions will vary and are based on venue playlist preference, however (DV LLC) guarantees a placement of four times every one business hour per Static or Video ad. (“Client”) and (DV LLC) agree to prohibit the display or promotions of any service that are deemed illegal in the state of Washington, and or the residing state of the signee and the clients requested install location. Industry Exclusivity: (DV LLC) makes no promise of industry exclusivity within venues. Only in regards to digital menu screens controlled by (DV LLC). Request for New Artwork: (“Client”) agrees to the following production guidelines for all requests for updated advertisements. (“Client”) must submit detailed directions for updates no later than the 10th calendar day of the month. (“Client”) ”) must include the following: Promotion details including but not limited to, product/special name/event info, pricing and/or discount, applicable dates, any logos, or images. (“Client”) agrees to submit all requests for new artwork via email, directly to art@digitalvittles.com (“Client”) agrees to a 7-14 business day “turn-around time”. Copyright of art: All artwork created for display purposes is sole property of (DV LLC) unless optioned to purchase rights by the (“Client”) Force Majeure: In the event or effect that cannot be reasonably anticipated to be controlled, such as the selected venue closing, (DV LLC) reserves the right to place (“Client”) advertising in alternative, but reasonably similar venues within the same service area as originally placed. (“Client”) remaining contracted term time, shall be paused until (“Client”) advertising is live at such an alternative venue. Mediation: (DV LLC) reserves the right to elect mediation as the initial step in the dispute resolution process. If mediation is chosen, the parties shall engage in good faith efforts to reach a mutually agreeable resolution with the assistance of a neutral mediator. Arbitration: Should mediation not be chosen by (DV LLC) or (client), or if mediation does not result in a resolution, the dispute shall be settled by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Jurisdiction: The arbitration shall take place in the state of Washington, and the laws of the state of Washington shall govern the proceedings. The decision of the arbitrator shall be final and binding on all parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. |