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<br /> <br />STANDARD BUSINESS TERMS AND CONDITIONS <br />GODBE RESEARCH <br /> <br />Contracts and agreements between Godbe Research and its clients include the following general terms and conditions <br />unless otherwise specified in a contract or agreement. <br /> <br />Flat Fees. Unless otherwise specified, Godbe Research charges a flat fee for all or a portion of its services to a client in <br />lieu of hourly charge. Attached and incorporated as a part of this agreement is the “Project Costs”. <br /> <br />Hourly Rates. The firm may opt to bill its staff time at specified hourly rates for each staff member. When estimated <br />hours are noted these are our best estimates of how long a job will take. Actual hours incurred are logged on employee <br />time sheets and final billings to clients are based on these actual figures. Hourly charges apply to all firm staff working for <br />the client with the exception of general clerical support. Work on specifically clerical projects is billed at normal hourly <br />rates. <br /> <br />Contract Timeline. Work to be performed under this contract is according to schedule attached. <br /> <br />Advance Payment. In order to finance the client's work, the firm's policy is to require advance payment for telephone <br />interviewing. Advance payment of fees or hourly charges is normally required, particularly in the case of new clients. <br /> <br />Late Charges. Invoice terms are 30 days net unless otherwise specified in the agreement. A late charge of 1.5 percent <br />per month will apply on any amounts not paid within thirty (30) days of the date of an invoice. <br /> <br />Indemnity. All copy will be approved by the client in advance of production. Each party shall indemnify, defend and hold <br />harmless the other party from and against any loss, claim, action, course of action (including without limitation any <br />defamation action), judgment, damage, cost or expense (including attorneys' fees and costs) arising out of any actions of, <br />or materials written by, or information supplied by the other party. <br /> <br />Acting as Agent. In compliance with California sales tax regulation, Godbe Research is designated as an Agent for the <br />acquisition of tangible personal property and services as they apply to its clients' advertising and sales promotion <br /> <br />Records Created as Part of Project. All final reports, data, maps, models, charts, studies, surveys, photographs, <br />memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other <br />form, that the agency prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder <br />shall be the property of the client. Consultant hereby agrees to deliver those documents to the client upon termination of <br />the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those <br />described above, prepared pursuant to this Agreement are prepared specifically for the client and are not necessarily <br />suitable for any future or other use. Client and agency agree that, until final approval by the client, all data, plans, <br />specifications, reports and other documents are drafts and confidential and will not be released to third parties without <br />prior written consent of both parties. <br />activities. <br /> <br />Independent Contractor. The agency shall perform the services as an independent contractor and shall not be treated as <br />an employee of the client for federal, state or local tax purposes or for any other purpose. <br /> <br />Entire Agreement. This agreement constitutes the entire agreement among the parties with respect to the subject matter <br />and supersedes any prior negotiations, understanding or agreement. <br /> <br />Successors. Any agreement between the agency and a client shall be binding upon, the heirs, successors and assignors <br />of the parties. <br /> <br />Attorneys' Fees. Should any action be brought by one party against the other party to enforce any agreement, the <br />prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, costs and expenses. <br /> <br />Governing Law; Venue. Any agreement between the agency and a client shall be governed by California law and any <br />action arising out of it shall be instituted and prosecuted only in the Municipal or Superior Court of the County of San <br />Mateo. <br /> <br /> <br />Godbe________ San Leandro_______ <br />736