4.1 Timing. Company shall prioritize performance of the Services as may be necessary or as agreed upon by the Parties, and will undertake commercially reasonable efforts to perform the Services. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve and accept the Deliverables in writing (which will then become the Final Deliverables) or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Company.4.2 Acceptance. Client, within 3 business days of receipt of each Deliverable, shall notify Company, in writing, of any failure of such Deliverable to comply with the specifications as agreed upon by the Parties, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Company shall undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client within said stated time period, the Deliverable shall be deemed accepted.
Client acknowledges that s/he shall be responsible for performing the following in a reasonable and timely manner:
(a) Coordination of any decision-making with parties other than the Company;
(b) Provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation; and,(c) Final proofreading, feedback and/or approval pursuant to Provisions 4.1 and 4.2.
(d) Company shall make every effort to identify contacts that are subject to GDPR or other DoNotCall requirements. However, if the contact database is not provided by Company, the ultimate responsibility to assure the database contains only opt-in contacts and is compliant, is the responsibility of the Client.
Company retains the right to reproduce, publish and display the Final Deliverables in Company’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Final Deliverables in connection with such uses. Either Party, subject to the other’s written approval, may include a link to the other Party’s website.
Work requested by Client is of the Time and Materials nature, no SOW is necessary for this Agreement
A separate SOW will be furnished that specifies Deliverables, Timeline, Fees, and Payment Schedule on non-time and material projects.
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