This Terms of Service Agreement (this “Agreement”) is made effective on the starting date of the subscription, identified by the issuance of the first invoice, by and between the subscriber, and Commercials By The Dozen, a division of Pavlovich Family Inc., of 147 Wilbur Avenue,, Waukesha, Wisconsin 53186. In this Agreement, the party who is contracting to receive the services shall be referred to as “subscriber”, and the party who will be providing the services shall be referred to as “CBTD”. By purchasing a subscription to this service, you indicate that you agree to these Terms of Service, and wish to enter into this agreement.
DESCRIPTION OF SERVICES. Beginning on the date indicated on the purchase receipt of the subscription, CBTD will provide the following services (collectively, the “Services”): Radio Commercial Production Services.
PAYMENT FOR SERVICES. Subscriber will pay compensation to CBTD for services based on the product(s) purchased. Invoices are due on receipt. Credit card payments that are rejected by your bank-for any reason-will be resubmitted. After 2 failed attempts to collect payment, service will be discontinued immediately.
48-Hour GUARANTEE. Scripts received by 12:00 pm Central will be recorded and made available to the subscriber within 48 hours. If CBTD does not meet this guarantee, the script will not count against the subscribers allotted minutes per month. This guarantee is limited in the following ways:
If the subscriber has clearly waived the guaranteed deadline by providing another deadline the 48-Hour Guarantee will not apply.
Scripts received by the subscriber, but requiring to be re-recorded due to pronunciation errors, script length, improper inflection or tone will not be considered late.
This guarantee has no cash value. “Damages” will be awarded in time or script credits only and not in the form of any other monetary payment.
UNUSED SCRIPTS / AUDIO. If at the end of the month the subscriber has not submitted the total scripts allotted for each subscription as defined in paragraph one, subscriber foregoes the unused time and begins the new month with a new allotment.
TERM/TERMINATION. This Agreement may be terminated by either party upon 30 days written notice to the other party.
Non payment of services will result in immediate termination.
RELATIONSHIP OF PARTIES. It is understood by the parties that CBTD is an independent contractor with respect to credit card holder, and not an employee.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Wisconsin.