LEGAL

 

Clatter&Din, Inc. (CDI) is a subchapter S Corporation, registered in Washington State. 

 

Reservations & Cancellations:

If you have a session on hold and it is approaching 24 hours before that session, we will ask you to confirm and be responsible for that time.  If you are holding time and are unable to confirm it, you will be subject to our Challenged Reservations policy*. If you confirm but find you need to cancel within the 24-hour period before your booking, we will need to bill for the time you booked.

In addition, if you would like us to hold that time and are unable to confirm within the 24 hour period, we will need to bill a 2-hour minimum in order to hold time for you. If you cancel your hold within that 24 hour period and we are able to sell that time to another client, we will not bill our 2 hour minimum.
  

*Challenged Reservations:

If you are holding time, but not confirming, you will be subject to our challenge policy. This means that another client can “buy” your held time by confirming it. If you challenge for another client’s time and they release it to you, you will automatically confirm the booking and you’ll be responsible for the cost of that time. If you are ultimately unable to use this confirmed time, we will try to resell it and we’ll only stick you with the cost of that time if we were unable to sell it. If another client begs us for your time, you have the right to keep that time, but remember, if you confirm your time you need to use it because whether or not you cancel within the 24 hour period, you will have automatically confirmed it and will be billed for it.

 

Terms & Conditions:

Payments to CDI for all services and products are due upon terms granted by CDI’s accounting department. CDI’s policy is that first-time clients are required to pay by credit card or cash. All clients applying for credit will be granted payment terms only upon approval of CDI’s accounting department. All payments involving AFTRA or SAG talent are “due upon receipt” and are required to be paid within 10 days of the date of the session. This is a union requirement of us as a signatory.

All content created at Clatter&Din remains the property of Clatter&Din until such time as the invoice has been paid in full.

By engaging in booking a session with us, you (Buyer) agree to payment terms granted by CDI. Buyer agrees to pay a finance charge of 1.5% (18% annually) of the unpaid balance over 30 days past due and agrees to pay a $50.00 fee for any returned check, and further agrees to pay all costs incurred in the enforcing of this agreement including reasonable attorney’s fees, court costs, and collection costs, whether incurred through filing of suit or otherwise. This agreement shall be governed by Washington State law and the Buyer submits to the jurisdiction of the Courts of the Great State of Washington, King County. Any costs incurred by collecting this debt will be adding to the amount that you owe CDI.

 

CDI accepts payment via Check, ACH, or Wire transfer as well as Master Card, Visa and AmEx. All credit card payments will incur a 4% processing fee.

 

Buyer hereby represents and warrants that it is solvent, that it pays its obligations as they come due and that its liabilities do not exceed its assets. The foregoing representation and warranty shall be deemed to be repeated in each order issued by the Buyer (whether written, electronic or verbal) and incorporated therein by reference, and shall be effectively remade each time a purchase obligation is undertaken, until the Buyer shall notify CDI to the contrary. The confidential information contained herein is for the purpose of obtaining services and products from CDI. The information disclosed herein is true and can be relied upon. All payments are due Clatter&Din, Inc., 1518 1st Ave South, Suite 600, Seattle, Washington, 98134.

 

Taxes:

We will add to all invoices any applicable city, state, federal and other taxes.

 

Additional Charges:

Meals, transportation, telecommunications, shipping charges and other items are billed in addition to products and services according to our policy. 

 

Indemnification:

CDI engages in “Work for Hire” activities. Client represents and warrants that the film, video tape, discs and/or audio materials delivered to CDI do not in any way defame, violate or infringe on copyrights, civil rights of privacy, or any other rights (whether “intellectual” or otherwise) of any person, firm or corporation. Client agrees to release, indemnify, defend and hold harmless Clatter&Din, Inc. and its officers, directors, agents, and employees, and each of their respective heirs, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, costs, losses, detriments and expenses of any kind or nature, including, without limitation, attorney’s fees and costs incurred by any of the “Released Parties” by reason of any breach or alleged breach of any representation, warranty or agreement made by Client.

 

Delivery of Materials:

All prices and services set herein are F.O.B. Clatter&Din. For any delivery elsewhere, we will ship collect or third party bill, subject to a nominal packaging/handling fee. Upon client’s request and CDI controller approval, we will ship prepaid and re-bill the charges plus a normal markup.

 

Storage & Insurance:

We will exercise ordinary care in the handling and storage of all client property left or stored on our premises. Although we do not recommend that you store your materials with us, we will permit you to do so as a convenience to you, and without charge. Therefore, we cannot assume any liability for loss or damage to any such property. If property of value is left on our premises for storage, we recommend that appropriate insurance be secured to cover its full value. Your tapes, discs, data and/or other audio/visual materials may be stored for our standard data backup fee at your own risk and for a maximum of six (6) months. If you do not make arrangements to pick up said materials before the six (6) month period, they will be destroyed.

 

Liability:

For loss or damage to you from defects in material, equipment and/or negligence of CDI personnel, CDI will again perform the service without charge, but liability for all damages, consequential or otherwise, is expressly assumed by you (Buyer). CDI

makes no warranties, express or implied, with reference to services and /or personnel furnished by it, and shall not be liable for any delays in the delivery of supplies, materials or work product, nor for failure to perform services for any cause whatsoever including, but not limited to, acts of God, fires, strikes, labor disturbances, civil commotion, acts of government or its agencies and officers, or any orders, regulations, rulings or actions of any labor union or association of employees affecting CDI.

 

FTP Passwords:

Although every effort is made to keep your FTP password as secure as possible, you and your company are ultimately responsible for its safe keeping. Passwords may be updated upon request from authorized personal only. 

 

Peer to Peer File Sharing:

All peer to peer file sharing services, such as Bit Torrent, are blocked and prohibited on the CDI network. Any guest of the C&D network caught downloading copyrighted material will be asked to stop doing so, or risk the permanent suspension of network privileges.