Contract Terms and Conditions

Contract Terms

These terms and conditions (hereinafter “Contract Terms”) shall apply to all video production agreements, or other types of agreement, between the parties, whether specifically referenced or otherwise (each, an “Agreement”) between Appeal Production LLC (hereinafter “Appeal”), and the “Client”. The Parties desire to enter into an Agreement wherein Appeal will produce video for Client’s use, and therefore state the following:

1. In the event of an irreconcilable contradiction between any part of an Agreement between the Parties and these Contract Terms, the Contract Terms shall control.

2. Standard Terms

2.1 By signing these Contract Terms you agree to our Service Level Agreement (hereinafter and therein “SLA”) attached hereto and incorporated herein. You acknowledge that you have examined the SLA and agree to be bound by its terms. The SLA is subject to changes and modifications, which you hereby consent and agree to unless you give notice of your objection to a material change in writing within seven (7) days of the change taking effect.
2.2 This Agreement, together with the Schedules, Exhibits and any executed Contract Addendums, set forth the entire understanding of the parties as to the subject matter hereof and supersedes all prior agreements, discussions, and correspondence pertaining to the subject matter hereof. Any preprinted terms and conditions on any order, invoice, statement, etc. issued in connection with any Schedule(s) hereunder by either party will be of no force and effect.
2.3 Service will be based on what is outlined in this Agreement. Appeal reserves right to Pause any work or services for accounts in default.

2.4 Communication
2.4.1 Communication is vital to the success of any project undertaken by Appeal and Appeal requires prompt communication by its employees and Clients. Client shall reply (if only to update more time is needed) within 3 business days to all correspondence issued by Appeal. If no reply is given by Client within 10 business days of Appeal’s last contact, the project will Pause until Client resumes communication. This Pause shall automatically extend milestone and completion deadlines to an indefinite date that will only be determined by the agreement of the Parties after Client resumes communication with Appeal. Client’s failure to respond and/or timely communicate with Appeal shall serve as a waiver by Client to any and all claims Client may have for delay, actual, special, indirect, or consequential loss or damage arising under or in connection with this Agreement.
2.4.2 If the Project is not complete within 3 months of contract signing or if any milestone is delayed more than 14 days by Client, Appeal shall have the right to modify the price and timeline of the Project. A written Contract Addendum will be required at that time to complete the Project. If Client refuses to execute the Contract Addendum, the parties agree that the damages sustained by Appeal will be substantial and difficult to ascertain. At that time, Appeal shall stop all work and collect amounts due for work actually completed and Client shall pay to Appeal, as liquidated damages and not as a penalty, 50% of the remaining contract value to cover costs and overhead associated with the delay, in addition to, and not in lieu, all other remedies. The parties agree such liquidated damages amount is not a penalty and shall not be construed as such.

2.5 Revisions: Additional content revisions or changes to a deliverable outside terms explicitly stated in this contract will require a written Contract Addendum.

2.6 Term: All contracts which require continuing services shall be annual contacts which automatically renew January 1. Client shall provide notice to Appeal on or before December 1 of its intent not to renew, otherwise this Agreement shall automatically renew for an additional one-year term.
2.7 Appeal shall transfer all copyrights and/or other rights to photography, video and/or other content and intellectual property produced or otherwise created by Appeal to Client upon final payment by Client. Client shall grant Appeal a nonrevocable license to use all such copyrighten material and intellectual property for its own purposes or for other Clients, provided no trade secrets are revealed. Client may limit this license by Contract Addendum, executed by all parties.

3. Project Team and Notice

3.1 The Client identifies the following representative to act on its behalf, receive all correspondence including official notices, and who shall have full access to the Agreement, Contract Terms, all work performed pursuant to the Agreement, the price and the Contract Addendum terms.
3.2 Appeal identifies the following representative to act on its behalf, receive all correspondence including official notices, and who shall have full access to the Agreement, Contract Terms, all work performed pursuant to the Agreement, the price and the Contract Addendum terms.
Andrew P. Vanhook (Andy)
Appeal Production
85 W Gay Street
Harrisonburg VA 22802
andy@appealproduction.com
540-271-0023

3.3 Neither the Client’s nor Appeal’s representative shall be changed without ten days’ written notice to the other party.
3.4 Written notice shall be deemed to have been duly served if delivered in person, by registered or certified mail, or by email to the individual representative named above; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice.

4. Payment Terms

4.1 To the extent that a billing schedule is not set forth in the Agreement(s), Appeal shall provide invoices at such times as it determines in its sole discretion.
4.2 Client shall pay each invoice within thirty days of the date of such invoice.
4.3 In the event that Client does not pay an invoice by the due date of such invoice, interest shall accrue on such invoice at the rate of 1% per month (or part thereof) during which such invoice remains unpaid.
4.4 Collection Costs and Attorney’s Fees
4.4.1 If Client is in default of any material term, including payment, Client shall be responsible for all damages incurred by Appeal, and Appeal shall be entitled to recover all expenses, court costs, collection costs, and legal fees, including but not limited to attorney’s fees incurred in enforcing the terms of this agreement.

5. Proprietary Information

5.1 General. Each party (“Receiving Party”) acknowledges that while performing its obligations under this Agreement the Receiving Party may have access to trade secrets and other proprietary and confidential information owned by the other party (“Disclosing Party”) including, but not limited to, the Disclosing Party’s products, planned products, services or planned services, suppliers, Clients, prospective Clients, data, financial information, computer software, hardware, systems, processes, methods, knowledge, inventions, ideas, marketing promotions, discoveries, current or planned activities, research, development, or other information relating to the Disclosing Party’s business activities or operations or those of its Clients or suppliers (the “Proprietary Information”). The terms and conditions of this Agreement are considered Proprietary Information; however; the existence of this Agreement is not considered Proprietary Information.
5.2 Confidentiality and Protection.
Client agrees to treat Appeal’s Proprietary Information as confidential and proprietary to Appeal. Client shall protect Appeal with reasonable care and with at least the same degree of care as it protects its own confidential, proprietary and trade secret information.
Appeal agrees to treat Client’s Proprietary information as confidential and proprietary to Client. Appeal shall protect Client with reasonable care and with at least the same degree of care as it protects its own confidential, proprietary and trade secret information.
5.3 Non-Disclosure Agreements. As of the Effective Date, each party has a policy and procedure of requiring its employees, agents, contractors and representatives to sign non-disclosure agreements. Client shall be responsible for the actions taken by its employees in the event said actions harm and/or caused damage to Appeal. Client shall be liable to Appeal for the damages caused by Client’s employees, whether or not said employee was taking said actions while in an employment capacity.
5.4 Exceptions. Proprietary Information does not include information that the Receiving Party can demonstrate by written Documentation:
5.4.1.is rightfully known to the Receiving Party prior to disclosure by the Disclosing Party; or
5.4.2.is independently developed by the Receiving Party without any reliance on any Proprietary Information of the Disclosing Party; or
5.4.3.is or later becomes part of the public domain or is lawfully obtained by the Receiving Party from a Third Party under no confidentiality obligation.
5.5 Injunctive Relief. The Receiving Party acknowledges that disclosure of Proprietary Information of the Disclosing Party by the Receiving Party will cause irreparable injury to the Disclosing Party, its Clients, and its suppliers that is inadequately compensable in monetary damages. Accordingly, the Disclosing Party may seek and will be entitled to injunctive relief in any court of competent jurisdiction for the breach or threatened breach of this Section, in addition to any other remedies available in law or equity.
5.6 Reservation of Rights. Each party reserves to itself all rights in and to its Proprietary Information not expressly granted by such party to the other party under this Agreement. Except as otherwise specifically permitted by this Agreement, each party agrees not to use, sell, transfer, assign, sublicense, copy, reproduce, disclose, publish, display, or otherwise make available to any third party any Proprietary Information of the other party.

6. Indemnification

6.1 The parties to this Agreement hereby jointly and severally agree to indemnify and hold each other, their respective affiliates and their directors, officers, employees, successors, assigns, attorneys and agents (each an “Indemnified Party”) harmless from all losses, costs, claims, demands, actions, proceedings, judgments, court costs, payments, expenses, damages, penalties, counsel’s fees, and all liabilities whatsoever suffered or incurred by any Indemnified Party as a result of anything which it may do or refrain from doing in connection with this Agreement or any litigation or cause of action arising from or in conjunction with this Agreement or involving the subject matter hereof or monies deposited hereunder or for any interest upon any such monies, including, without limitation; provided that the foregoing indemnification shall not extend to the gross negligence or willful misconduct . The Parties indemnity obligations under this Section will survive any expiration or termination of this Agreement or its corresponding Terms
6.2 Client agrees to use Appeal’s services only for lawful purposes. In the event that Client’s use of Appeal’s services violates the law, or facilitates a violation of the law by Client or any third party, Appeal shall have the right to immediately cancel any Agreement(s) with Client and shall be entitled to be indemnified by Client for any expenses, including reasonable attorneys’ fees, incurred by Appeal as a result of any such violation of law. This shall specifically apply to privacy laws, including but not limited to the GDPR and CCPA. The Parties agree it is the Client’s responsibility to protect its user’s data and information. Client’s failure to do so shall not impute liability to Appeal for Appeal’s services to Client. Appeal shall be indemnified by Client for any and all expenses and costs, including reasonable attorney’s fees, associated with claims brought by Client’s users.
6.3 Client agrees to indemnify, hold harmless, handle and defend at Client’s sole cost and expense all claims brought against Appeal, including without limitation, Client’s permitted sublicensees, transferees, and assigns, so far as based on any claim that the content furnished by Appeal or the Services performed by Appeal in the course of this Agreement, or any resulting use, sale, or license of any such content or Services, constitutes an infringement of any patent, copyright, or trademark of any country, or a misappropriation of any trade secret, or a breach or violation of any intellectual property right, moral right, or right of publicity.
6.4 Notwithstanding Client’s obligations to handle and defend all claims as set forth above, Appeal may, participate therein through counsel of its own choosing, which participation will be at Appeal’s own expense unless (i) Appeal shall have been advised by its counsel that use of the same counsel to represent Client and Appeal would present a conflict of interest (which shall be deemed to include any case where there may be a legal defense or claim available to Appeal which is different from or additional to those available to Client), in which case Client shall not have the right to direct the defense of such action on behalf of Appeal, but Client shall pay the cost of such defense, or (ii) Client shall fail to defend such claim or demand within a reasonable time. In all events, the parties shall cooperate in the defense of such claim and shall furnish such records, information and testimony and attend such conferences, discovery proceedings, hearings, trials and appeals as may reasonably be necessary in connection therewith. The parties shall each use reasonable efforts to keep the other party reasonably apprised of the status of those aspects of such defense controlled by it and shall provide such information with respect thereto as the other party may reasonably request. Nothing herein shall be deemed to limit or eliminate the right of Appeal at any time to waive indemnification to which it is otherwise entitled by independently defending or settling any claim on its own behalf, provided that Appeal shall provide Client with prompt written notice of its intent to do so.
6.5 If the Client should breach or fail to perform any provisions of the Agreement(s) or the Terms and Conditions, Client agrees to pay Appeal all reasonable costs and expenses incurred by Appeal in the enforcement of the Agreement(s) or the Terms and Conditions, including, without limitation, court costs and reasonable attorney’s fees.

7. Termination, Breach, and Default

7.1 Termination by Appeal. Appeal may terminate this Agreement with prior written notice to Client when any material representation, warranty, agreement, or obligation in this Agreement has been breached, provided Client has failed to cure such breach within seven (7) calendar days after the date of such notice. This shall include Client’s failure to communicate as outlined in Section 2.4. Appeal expressly reserves the right to terminate this Agreement when:
7.1.1.Client is threatening or behaving unprofessionally to our staff;
7.1.2.Client requests other staff members work on their project;
7.1.3.Excessive delays caused by Client (as determined solely by Appeal);
7.1.4.Nonpayment;
7.1.5.Failure by Client to timely disclose key project information:
7.1.6.If Client engages other firms, production companies, developers, marketers, freelancers, or others for work on the same project and/or production which may change, contradict, or interfere with our work without our consent.
7.2 Termination by Client: Client may terminate this Agreement for cause with prior written notice to Appeal when any material representation, warranty, agreement, or obligation in this Agreement has been breached, provided Appeal has failed to take steps to cure such breach within seven (7) calendar days after the date of such notice. If Client terminates this Agreement early for convenience, the parties agree that the damages sustained by Appeal will be substantial and difficult to ascertain. Therefore, if this Agreement is terminated by Client prior to the term expiration date for any reason other than documented quality of service reasons which are not cured within a reasonable period of time, or terminated by Appeal for cause at any time, Client will pay to Appeal, as liquidated damages and not as a penalty, 50% of the remaining contract value. Client shall also be responsible for any unpaid charges on Clients account prior to termination.
7.3 If Client has an unpaid balance past 30 days from date of invoice, Client shall be in default.
7.4 If Client has failed to fulfill any obligation pursuant to this Agreement, including the obligation to communicate pursuant to Section 2.4, Client shall be in default.
7.5 Client’s Obligation to Pay. Termination of the Agreement shall not relieve Client of its obligation to pay all Appeal invoices, fees and charges accruing prior to termination except to the extent that Client is in good faith disputing any of the fees and charges.

8. Damages and Remedies

8.1 If the Client should breach or fail to perform any provisions of the Agreement(s) or the Terms and Conditions, Client agrees to pay Appeal all reasonable costs and expenses incurred by Appeal in the enforcement of the Agreement(s) and/or the Terms and Conditions, including, without limitation, court costs and reasonable attorney’s fees.
8.2 The parties agree that damages suffered by Appeal due to Client’s delay (in communication, payment, or otherwise) are difficult to quantify and agree that Appeal shall stop all work and collect amounts due for work actually completed and Client shall pay to Appeal, as liquidated damages and not as a penalty, 50% of the remaining contract value to cover costs and overhead associated with the delay, in additional to, and not in lieu, all other remedies. The parties agree such liquidated damages amount is not a penalty and shall not be construed as such.
8.3 Due to the nature of the work, the ever changing, upgrading, and evolving technology, Appeal is never able to guarantee when a project will be completed and for that reason disclaims all completion dates. All completion dates referenced in this Agreement are estimated completion dates. Client shall have no claim to damages caused by the delay of Appeal.
8.4 Client acknowledges and agrees that Appeal has no liability for special, incidental, consequential, punitive, or exemplary damages.
8.5 Duties and obligations imposed by this Agreement and supporting documents, and rights and remedies available thereunder, shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.
8.6 No action or failure to act by Appeal shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

9. Claims and Disputes

9.1 Negotiation. The parties will attempt in good faith to resolve any issue, dispute, or controversy arising out of or relating to this Subcontract, including but not limited to any Section of this Subcontract that requires mutual agreement of the parties, promptly by negotiation between the parties’ representatives who have authority to settle any issue, dispute, or controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within thirty (30) days after delivery of such notice, representatives of both parties will meet at Appeal’s Offices, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute by the respective representatives.
9.1.1.If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator will be given at least two (2) business days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules of Evidence.
9.2 Mediation. Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as specifically provided for herein, shall be subject to mediation as a condition precedent to binding dispute resolution. The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Commercial Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. The parties shall share the mediator’s fee and any filing equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
9.3 Arbitration. Any claims, disputes or controversies between the parties arising out of or relating to the Subcontract, or the breach thereof, which have not been resolved in accordance with the procedures set forth above, shall be decided by a single, neutral (with no business or other connections to either party) arbitrator with the American Arbitration Association (AAA) who has substantial experience in disputes arising in the technology industry, specifically between production companies and customers, in accordance with its relevant industry rules, if any, unless the parties mutually agree otherwise. The Arbitration shall be held in Rockingham County, Virginia, unless otherwise agreed by the parties. The parties agree that this Agreement and any claim hereunder shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. The arbitrator shall have authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. The parties expressly agree that any arbitration pursuant to this Section may be joined or consolidated with any arbitration involving any other person or entity (i) necessary to resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such claim, dispute or controversy. Both parties will include appropriate provisions in all contracts they execute with other parties in connection with this Agreement to require such joinder or consolidation.

10. Warranties

10.1 EXCEPT AS EXPLICITLY SET FORTH IN THE AGREEMENT(S), APPEAL DISCLAIMS AND CLIENT WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES IT PROVIDES THEREUNDER. APPEAL SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALLIMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR USE/PURPOSE.

11. Miscellaneous Provisions

11.1 The Agreement(s) and the Terms and Conditions shall be governed by the law of the Commonwealth of Virginia, without reference to its provisions related to choice of law. The Client agrees that the exclusive venue for any litigation related to the Agreement(s) and the Terms and Conditions shall be in the Federal and state courts with jurisdiction in the City of Harrisonburg, Virginia.
11.2 These Terms and Conditions are severable and to the extent any of them may violate and applicable law, statute or ordinance, the same shall be void but all others shall remain in full force and effect.
11.3 The waiver of a breach of any term or condition of this Agreement will not constitute the waiver of any other breach of the same or any other term.
11.4 Sections 5, 6, 9, and 10 hereof shall survive the termination or expiration of this Agreement, in addition to any other provisions that, by their content, are intended to survive the performance, termination, or cancellation of this Agreement.
11.5 Client shall not use the trade name, trademark, service mark, business name, or logo of Appeal without the prior written consent of Appeal.
11.6 Waiver of Jury. Each party agrees to waive, and hereby does waive, its rights to a jury with respect to any litigation between the parties arising out of this Agreement.
11.7 This Agreement, together with the Schedules, Exhibits and any executed Contract Modifications hereto, sets forth the entire understanding of the parties as to the subject matter hereof and supersedes all prior agreements, discussions, and correspondence pertaining to the subject matter hereof. Any preprinted terms and conditions on any order, invoice, statement, etc. issued hereunder by either party will be of no force and effect.
11.8 No modification, amendment, supplement to, or waiver of this Agreement or the Schedule(s) or Work Order(s) hereto, or any provision thereof, will be binding upon the parties unless made in writing and duly executed by authorized representative of both parties.
11.9 The headings of the various sections in this Agreement are for convenience and reference only, and are not intended to be a part of, or to affect the meaning or interpretation of, this Agreement.
AUTHORIZED SIGNATORY

Client hereby, individually and on behalf of the company, accepts all terms and conditions of the signed Contract Agreement (including the SLA & Contract Terms) and authorizes Appeal to proceed with the Project, and that he or she is authorized to so execute this Agreement and does so individually and on behalf of said company.

Appeal Service Level Agreement

Appeal is dedicated to providing high-quality solutions that meets Client specifications. In addition to the full deliverables contracted for, Appeal proposes to include the following service terms with any agreement. All terms below are negotiable, though Appeal reserves the right to alter cost estimates in the event of significant variance from the terms below. Last updated May 23, 2022.

Appeal may change this Service Level Agreement (SLA) at any time by posting the updated version and notifying Clients of such changes by email. The revised SLA will supersede and replace the earlier SLA. If Client receives any services after such revision, Client will be deemed to have accepted the revised Appeal SLA.

1. Definitions

A Project can be a, video, commercial, livestream, audio production, editing, animation, motion graphics, digital marketing, content writing, videography, photography, or any other service provided by Appeal to the Client.

A Contract as it appears in these terms and conditions means the written agreement between Appeal and the Client.

Content refers to any data, text, files, information, photos, audio and video clips, sounds, musical works, works of authorship, applications, and other content or materials.

2. Availability

Appeal’s office hours are Monday through Friday 9:00 am to 5:00 pm EST. Messages left via voicemail or email will be returned as quickly as possible. The timeframe for a full response is entirely dependent on the size and scope of the request.

3. Meetings

Meetings will be in person, over the phone, or through online screen-sharing tools.

Client will be responsible for travel expenses and travel time for all Appeal employees that must travel to Client location for consulting, design, production, or other purposes unless previously agreed upon before meetings.

4. Production Changes and Reviews

Appeal provides sign-off opportunities for content and other project milestones designated by Appeal. These documents are provided once Appeal and the Client agree that the element has met all requirements. Once an element has been approved and a sign-off document for that element has been signed, additional changes to that element may incur additional charges at Appeal’s discretion.

Upon request for changes after sign-off, we will pause the project, discuss the change(s) with the Client, and notify the Client of the potential cost of requested functionality immediately. The timeline will also be updated since the schedule will be affected.

5. Addendums/Additional Features During an Active Project

For any feature not included in an existing and active project, Appeal will provide a cost estimate once feature requirements and needs are determined. The estimate will include both the cost estimate of the new feature and the impact on the overall project timeline.

Before any new work is begun, an addendum contract must be signed by the Client. We will pause the project, discuss the change(s) with the Client, and notify the Client of the potential cost of requested design work or functionality changes as quickly as possible. The timeline will also be updated since the schedule will be affected.

Appeal recognizes that each previous step in development restricts future development options to varying degrees. Any time features are added during development, there is potential of encountering a technical constraint that cannot be overcome within the scope of the current contract.

6. Billing Structure, Invoicing, & Payment

Details for billing are outlined in your service contract; however, Appeal reserves the right to invoice the Client at any time for work completed if a project extends beyond estimated and agreed upon deliverable date. Mail check payments to 85 W Gay Street, Harrisonburg VA 22802

The Client agrees to pay costs and fees, including, but not limited to, late payment fees, reactivation fee, attorney or collections fees we incur to collect an unpaid balance from you.

7. Confidentiality

Appeal will maintain the confidentiality of the Client’s source materials, technical and marketing plans, and any other sensitive information shared. Any corporate secret documents provided to Appeal by the Client will be returned to the Client immediately upon request. See Contract Terms Section 5.

8. Project Cancellation

Should the Client or Appeal stop the project at any time during the development period, Appeal will invoice for work completed up to the point of termination plus 50% of the remaining project amount. All incomplete work will remain the property of Appeal. All payments already made will first be applied to these charges. If the Client wants a copy of the files for work completed, the full balance of the project needs to be paid. Once funds are received, Appeal will release the files. In the event of Appeal canceling this agreement, any unused funds from the deposits will be refunded at Appeal’s discretion.

9. Project Point of Contact Change

In the event that the Client primary point of contact changes during a project, the project will immediately pause and enter a separate agreement to bring the Client’s new point of contact up to date on the project. This work could vary in number of hours to accomplish a complete understanding of the project. Larger projects typically have larger amounts of time needed. Appeal reserves the right to determine when the project enters the originally estimated project hours again.

10. Damages

Appeal makes every effort to be accurate in their estimation of project timelines; however, over the course of a project, timelines may frequently change, and our timeline expectation is a good faith best judgment.

Appeal will make best efforts to ensure no design, email or any other content is lost. Client agrees to pay costs and fees for any issue created and will not hold Appeal responsible for any permanently lost content.

Client agrees to pay costs and fees, including, but not limited to, attorney fees we incur due to any effort on the Client’s part or any third party to collect damages or any other financial contribution from Appeal.

11. Partners & Contractors

Appeal reserves the right to subcontract as needed for the completion of Client projects, always keeping in mind the Client’s best interests.

12. Copyright

All Client logo images, images unique to the Client, and written copy belongs to the Client and is protected under Client’s copyright. Appeal will not reuse Client’s copyrighten content without permission from the Client.

Any or all design files provided to Appeal by the Client are assumed to be rightly owned by the Client.

13. Severability

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

14. Previous Agreements

New contracts supersede any previous verbal and written agreement. It is the Client’s responsibility to ensure that all expected functionality is contained in the contract agreement.

85 W Gay St, Harrisonburg, Virginia 22802

Phone: 540-271-0023