Terms and Conditions

1. LICENSING AND COPYRIGHT

Unless otherwise stated in any specific Estimate, Agreement or Contract, HyperOptic agrees to the following licensing terms for all delivered content, conditioned on payment in full. This document includes by reference, our policy on copyrights.

a. GEOGRAPHY – Unlimited, worldwide usage.

b. DURATION – Time unlimited usage.

c. REUSE OF PRE-EXISTING SINGLE WORKS – The copyright on all pre-existing Single Works remains with the original copyright holder. Reuse is prohibited unless separately licensed.

d. REUSE OF WORKS MADE FOR HIRE – For any Single Work or Separate Contribution made specifically for the Client, copyrights are transferred to the Client, allowing unlimited and unrestricted reuse.

e. REUSE OF PRE-EXISTING SEPARATE CONTRIBUTIONS – The copyright on all pre-existing Separate Contributions remains with the original copyright holder. Reuse is prohibited unless separately licensed.

f. REUSE OF COLLECTIVE WORKS MADE FOR HIRE – For any Single Work made by HyperOptic for any Client as a “Work for Hire”, there are no restrictions on reuse of the Deliverable Content as delivered. For any Collective Work made by HyperOptic for any Client as a “Work for Hire”, there are no restrictions on reuse of the Deliverable Content as delivered. Any reuse of Separate Contributions must remain with the original Collective Work. Modifications within the Same Series are allowed; however, reuse of any Separate Contribution in a New Series is prohibited. In the event of printable assets, the Client may have the Deliverable Content reprinted per the licensing requirements, including any restrictions on geography or duration of use, of any Separate Contribution comprising the Deliverable Content.

g. REUSE OF SEPARATE CONTRIBUTIONS COMPRISING A COLLECTIVE WORK – The Deliverable Content may include one or more Separate Contributions from content providers such as stock photography services or single songs from existing libraries of music. The copyright on those Separate Contributions is held by the original creator, whether HyperOptic or not. For those Separate Contributions, reuse is allowed ONLY for revisions and re-designs to a derivative work in the same series. All other uses are prohibited. For any Separate Contribution in the Collective Work that is specifically commissioned by you for the Collective Work, reuse is allowed for any reason in any series, as that Separate Contribution is considered a “Work for Hire”.

h. TRANSFER OF COPYRIGHTS – HyperOptic grants a full transfer of copyrights to the Deliverable Content made as a “Work for Hire” commission, whether a Single Work or a Collective Work. In a Collective Work, the Deliverable Content may contain Separate Contributions whose licensing is handled outside the scope of any Agreement, Estimate, or Contract, and therefore the original copyright holder of each Separate Contribution, whether HyperOptic or not, retains full rights and copyrights to their Separate Contribution. Clients are prohibited from removing any copyright notices, comments or any other metadata from the Collective Work or any Separate Contributions comprising it. The transfer of any copyrights held by HyperOptic on any pre-existing Separate Contribution may be available, contingent upon payment of a Copyright Transfer Fee.

i. EXCLUSIVITY – HyperOptic warrants that the Deliverable Content as delivered is unique and exclusive to the Client; however, no exclusivity is implied for layout or pre-existing Separate Contributions. HyperOptic retains all rights to any pre-existing Separate Contributions owned by HyperOptic.

2. PAYMENT

Any milestone involving the continuation of payment triggers a hold on all future work until the fee or charge relating to the milestone has been paid. Any delays caused by the Client’s unwillingness or inability to pay do not count against the agreed-upon timelines, deadlines, milestones, or bonuses for early delivery. The project would be considered “On Hold” until the payment schedule has resumed, and all target dates are shifted to account for the delay. Payments represent work completed and payments already made to third-party content providers, and therefore cannot be refunded. Any invoice unpaid after fourteen (14) days of receipt is considered overdue, and interest on any late payments shall accrue at the compounding rate of three (3) percent per month or the highest rate permitted by Texas law, whichever is less, from the date such amount is overdue until finally paid. Clients are responsible for all legal fees related to the collection of overdue invoices and interest. The grant of any license, right or copyright is conditioned on receipt of full payment, including interest, if any.
MAKE ALL CHECKS PAYABLE TO “Chris Brackman”.

3. BONUSES FOR EARLY DELIVERY

If any project requires a timeline with milestones, Clients may agree to supplement the standard Fees and Charges with a bonus if the project is completed on an accelerated schedule that would cause HyperOptic to expend significant additional resources to meet that accelerated deadline. Any delays caused by the Client do not count against any deadlines, milestones, or bonuses for early delivery. All agreed-upon dates are shifted to account for any delays caused by the Client.