Terms and Conditions

Quality Service

We will provide only Quality services. When and only when Quality services have been rendered, we will charge a fair fee for what we have provided. You must be satisfied with the quality of our services (independent of the outcome of your request) or you do not owe a fee. If there is a question or concern in this regard, please contact us within 30 days of receipt of our invoice. We will make every effort to meet your expectations and resolve any issues.

Honor

As a corporate citizen, we will act in the community with the highest moral principles that we expect others to follow.

Success

We know that your success and our success depends entirely upon our Integrity.

Clients

We will treat each client as if our entire company depends upon that client’s highest degree of satisfaction with our services.

Vendors

We will treat each vendor with respect.

Staff

We recognize each staff member as a business partner in spirit. Our company’s success in great part depends upon each member’s satisfaction with his or her job.

Self

We recognize that our work is a part of our life and each of us takes responsibility to take care of our whole life, at work and elsewhere.

 

TERMS AND CONDITIONS for Technical Services

  • Although Gulf Coast Systems LLC will do its best to conduct all activities in a timely manner, I understand that troubleshooting issues is a time-consuming process and agree to pay Gulf Coast Systems LLC for troubleshooting time as necessary, explained and agreed on, in our Contract.
  • I also certify that I will indemnify and hold harmless Gulf Coast Systems LLC for any and all data or software that may be lost or erased, as well as for any consequence of the erasure or loss of that data or software.
  • Although Gulf Coast Systems LLC will take every precaution to preserve all data and software on the computer, I acknowledge that occasionally data loss will occur and/or software operation may be compromised.
  • I further agree to indemnify and hold harmless Gulf Coast Systems LLC for any and all hardware or software malfunctions or accidents that may occur before, during or after work is performed on Client’s computer, and for any results thereof.
  • I also certify that I will indemnify and hold harmless and will pay for added support to Gulf Coast Systems LLC for any software repairs necessary after a virus has been detected and removed off a computer. Viruses in a computer can cause many problems, and it is impossible to control what or how the virus affected the computer before our removal.
  • Any private information stored on your computer or viewed by Gulf Coast Systems LLC during a remote support call will be held in strict confidentiality unless disclosure is required by law.
 

Release of Liability:

CLIENT agrees to release and hold harmless Gulf Coast Systems LLC from any and all liability associated with the performance of service or the provision of parts, and acknowledges also that Gulf Coast Systems LLC offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturer’s warranty.

Further:

  1. CLIENT acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but not limited to, damage to CLIENT’s home, office, computer hardware, cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.

  2. CLIENT agrees to release and hold harmless Gulf Coast Systems LLC from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of Gulf Coast Systems LLC.

  3. CLIENT grants Gulf Coast Systems LLC access and permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories.

  4. CLIENT grants Gulf Coast Systems LLC access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CLIENT’s computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on CLIENT’s computer system or network.

  5. CLIENT grants Gulf Coast Systems LLC permission to physically access CLIENT’s home or office property where CLIENT’s computer system and/or network resides.

  6. CLIENT grants Gulf Coast Systems LLC permission to perform modification to CLIENT’s home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling through or disassembling furniture, walls, floors, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties.

  7. CLIENT grants Gulf Coast Systems LLC permission to download and/or install software on CLIENT’s computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and software requested to be installed by CLIENT.

  8. Gulf Coast Systems LLC strongly recommends that CLIENT safeguard critical data by backing up said data prior to any services performed by Gulf Coast Systems LLC.
  9. CLIENT is responsible for any backup, archiving, or protective storage as well as restoration if required, of CLIENT’s data.

 

Photography & Drone Solution

[1] Definition: “Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer’s judgment as to the acceptability of the Images.

[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America. Unless otherwise specifically provided elsewhere, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees. No rights are transferred to Client unless and until Photographer has received payment in full. Unless otherwise specifically provided elsewhere, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no  reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.

 

[3] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified. If no placement of a credit or copyright notice is specified, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.

 

[4] Alterations: Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made. Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [5] below.

 

[5] Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client’s sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client’s purposes. Photographer’s liability for all claims shall not exceed in any event the total amount paid under an invoice.

Clause 5: Plain Explanation

It says the client, will be responsible for what the client does to licensed images.

[6] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.

 

[7] Transfer and Assignment: Client may not assign or transfer agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations here-under. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.

[8] Disputes: Except as provided in [9] below, any dispute regarding this agreement shall, at Photographer’s sole discretion, either:

(1) be arbitrated in Photographer’s City, Photographer’s State, under rules of the American Arbitration Association and the laws of Photographer’s State; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Photographer’s City, Photographer’s State under the laws of the United States and/or of Photographer’s State.

 

[9] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.

 
 
 
 

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