PAYMENT POLICY

The full payment of the project is due at the start of the project. It is understood, unless determined otherwise by TALKER INC, TALKER INC cannot distribute the story/video or share survey data until the payment is received and due within thirty (30) days of receipt of the invoice.

CANCELLATION POLICY

a) Client may provide written notice of cancellation of the project (other than Research-Only Projects) without cause or penalty prior to the start of each project. Once work has commenced, cancellation requires payment of a percentage of total project fees as follows:

  1. After survey-led news story angle(s) have been presented to client: 20%
  2. After survey questions have been written: 30%
  3. After survey has been conducted: 70% plus 100% of any supplemental panel incentive fees
  4. After survey has been conducted and news copy has been drafted: 85% plus 100% of any supplemental panel incentive fees
  5. After survey has been conducted, news copy has been drafted and work on any additional services commissioned: 95% of the total amount of agreement plus 100% of any supplemental panel incentive fees plus 95% of the fees for each of the additional services commissioned
  6. After all work has been completed: 100%

b) Client may provide written notice of cancellation of Research-Only Project (as defined below) without cause or penalty prior to the start of each project. Once work has commenced, cancellation requires payment of a percentage of total project fees as follows:

  1. After survey questions have been written: 50%
  2. After the survey has been conducted: 100%

Research-Only Projects are projects consisted of solely the following services: i) Writing of the survey questions; ii) Survey fielding by Talker Research; and iii) After the survey is complete, the data survey results are provided in a tabbed excel with three standard splits: age, gender, and region of residence.

  1. TALKER INC, may, at its sole discretion, provide client with a discounted rate (“Bundled Price”) when client engages TALKER INC, for a series of multiple projects (“Bundled Projects”). In the event of a cancellation of one or more Bundled Projects,
  2. Such discount shall become null and void, and/or
  3. At TALKER INC, sole discretion, such discount may be changed to reflect the actual number of engaged and completed Bundled Projects.

(Together, the “Unbundled Price”).

c) In addition to the cancellation terms set forth under section ‘a’ and section ‘b’ of the Cancellation Policy, the client shall pay TALKER INC, the price difference between the Unbundled Price and Bundled Price for already partially completed or fully completed project(s).

  1. TALKER INC, reserves the right to cancel the project with or without cause at any point of the engagement. If cancellation effectuates after work has commenced, Client shall abide by the terms under section a., b. and c. of this Cancellation Policy.
  2. In the event client desires to cancel the project, client shall send a written cancellation notice to the following address: via email to operations@wearetalker.com along with the client contract manager’s email address; via physical mail, to 231 Front Street #125, Brooklyn, NY 11201 Attn: Department of Operations.

ENGAGEMENT POLICY

TALKER INC, is a Delaware Corporation; all contracts will be considered to be domiciled and executed accordingly.

Client acknowledges that the successful and timely rendering of the project and other services and the successful development of the project deliverables by TALKER INC, will require the good faith cooperation of the client. In the event that the client cannot fulfill or abide by the project timeline requirement, TALKER INC., at its sole discretion, may terminate the engagement immediately with notice to the client. Upon such termination, TALKER INC, may exercise any of the following remedies, or a combination of any of the following remedies:

  1. i) Client has 6 months from when the invoice is issued by TALKER INC, to start working on the project. Start working on the project may take form in any of the following methods: approval on final draft of survey questions
  2. ii) if the project has not been initiated after six (6) months due to no fault of TALKER INC, may reassign any news or story angle used or to be used for the client to another project and/or client;

iii) if the story is not distributed within 9 months from the time the survey results are completed due to no fault of TALKER INC, may withdraw from the distribution aspect of the project and cancel the remaining portion of the project;

  1. iv) at the time of termination, if the collected invoice amount does not fully cover the fees for the services already rendered, the client shall pay TALKER INC, pursuant to the Cancellation Policy; and/or
  2. v) at the time of termination, any and all advance payment by the client may be immediately forfeited and become nonrefundable.

Upon settlement of invoices in accordance with the Cancellation Policy, TALKER INC, shall deliver to the client all work products subject to third party licensing requirements, completed up till the effective date of the cancellation.

  • Client agrees to indemnify, defend and hold TALKER INC, harmless from and against any loss, liability, damage, or expense including, but not by the way of limitation, attorney’s fees arising from or in connection with any claimed actual infringement of copyrights, rights, or invasion of the right of privacy or any other infringement of rights arising out of the allegations caused by the aforementioned survey, news copy, visual elements, or their distribution and/or exhibition unless infringements are the result of TALKER INC, own negligence, recklessness, or illegal actions;
  • TALKER INC, will increase exposure of initiative through promotion of TALKER INC, and related company social channels, corporate website, award submissions, and in industry trade publications if applicable.
  • Each engagement, project, or service cannot be reassigned by Client without express written permission from TALKER INC.