3a. In the event that Plain Vision Agency accepts or secure consultation beforehand to develop a concept, prior to principal Contracts or Change Contract Notifications, the following duly applies:
- Plain Vision will request an initial consultation fee, that would be payable by bank transfer, within the agreed deadline. This fee would be applied to the cost of the principal contracts, should the Party pursue further business. In the event that the Party does not enter into a contractual relationship with Plain Vision, the fee would be retained by Plain Vision Agency. This will be subject to GTC (Good Til Cancelled) order. GTC describes a type of order that the Party may place to buy or sell. A security that remains active until either services are filled, or the Parties cancel the order or services/trade is completed.
- The perspective Party acknowledges the time and cost-intensive activities, for readiness to present the proposal and “pitch”.
- The Party is obliged to acknowledge The Copyright, Designs and Patents Act 1988, (UK copyright law). To the extent that Plain Vision Agency delivers a level of originality and authenticity within the “pitch stage”, all Copyright infringement laws, must be observed. The potential Party undertakes no action to exploit the creative visuals and ideas presented as part of a concept, in any context other than the corrective of a principal contract that shall be included at a later time.
3b. The Agency shall retain title to all services of the Agency, including services in connection with presentations (e.g., suggestions, ideas, sketches, preliminary designs, scribbles, final drawings, concepts, negatives, slides), including parts thereof, as well as the individual workpieces and original designs. The Agency may demand at any time, in particular in the case of termination of the contractual relationship that they are returned to it. By paying the fees, the Customer shall acquire the right to use the services for the designated purpose agreed. Unless otherwise agreed the Customer shall, however, use the Agency’s services exclusively.
3c. Acquisition of rights to use and exploit the Agency’s services shall, in any case, be subject to full payment of the fees charged by the Agency for the same. If the Customer uses the Agency’s services already prior to that time, such use shall be based on a loan relationship that may be revoked at any time.
3d. Use of the Agency’s services beyond the originally agreed purpose and scope of use shall be subject to the Agency’s consent irrespective of whether such service is protected by copyright or not. In consideration thereof, the Agency and the Parties shall be entitled to a separate reasonable fee.
3e. After expiration of the Agency Service Agreement, use of services of the Agency and/or advertising means for which the Agency developed concepts or designs shall also be subject to the Agency’s consent irrespective of whether the service is protected by copyright or not.
3f. The Parties shall be liable to the Agency for any unlawful use in the amount of twice the reasonable fees for such use.