Terms of Service
 

1.1 General

This is a general contract that applies to all partners of 43rd Street and will be reflected on a similar SOW that would have been sent to you and your team with the addition of unique line items in relation to the project at hand. Line items such as the scope, budget, name of parties involved, timeline, etc. 

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1.2  Purpose of Contract

1. The purpose of listing the terms of services are to outline the terms and conditions under which the 43rd Street will provide services to the Client.

2. The parties intend for this Contract to govern the relationship and obligations between the 43rd Street and the Client regarding the services described herein.

2.1 "SOW"

 The Products or Services provided by Forty Third Street Private Limited

(43rd Street) or its Affiliates are specified in one or more statement(s) of work entered into by the parties (each, a “Statement of Work” or “SOW”) to which these General Terms are incorporated. Any modifications of these General Terms or the terms of any applicable Addenda made in the Statement of Work will only apply to that 

Specific Statement of Work and not all Statements of Work entered into by the parties. For 43rd Street, each Statement of Work is a separate obligation of the entity that executes such Statement of Work and no other entity has any obligation under such Statement of Work. 

2.2 Additional Terms
Additional terms and conditions concerning the Products and Services provided by Vendor are set forth in the applicable addenda indicated on the Statement of Work or elsewhere in the Agreement (each, an “Addendum” and collectively, the “Addenda”).

3.1 Scope of Work
43rd street agrees to provide the following services to the Client that have been mutually signed off on through the quotation that would have been sent over prior to the invoices being issued. 43rd Street shall execute the services outlined above with professionalism, skill, and in accordance with industry standards.

3.2 Limitations of Scope

1. The Creative Agency's services are limited to the scope outlined in this agreement and any subsequent amendments agreed upon by both parties in writing.

2. Any services or tasks not explicitly specified in this contract shall require a separate agreement and may be subject to additional fees.

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3.3 Responsibilities & Obligations

1. The Client agrees to provide timely and accurate information, materials, and feedback necessary for the completion of the agreed-upon services.

2. The Client shall designate a primary point of contact who will be responsible for facilitating communication between the Client and 43rd Street.

3. The Client agrees to adhere to any deadlines mutually agreed upon and provide reasonable notice for any changes or delays that may impact the project timeline.

4. The Client acknowledges that delays or failures to fulfill their responsibilities may result in adjustments to the project timeline and additional costs as outlined in the contract.

This SOW will remain in force commencing on the SOW Effective Date and ending a year from the SOW date unless earlier terminated as provided for in the Agreement (the “SOW Term”).Specify the timelines for the delivery of services and milestones. 

In the event that 43rd Street anticipates or experiences delays in the completion of any milestone or the overall project, the Contractor shall promptly notify the Client in writing, providing a detailed explanation of the reasons for the delay.

Payment is expected to be settled within 30 days from the date of invoice issuance. To avoid any late fees, please ensure timely remittance. A late fee of 1.5% per month will be applied for payments made after the 30-day period.

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Invoice Validity: Valid for 15 days from issue date

Late Fee Policy: 1.5% per month after 30 days

Currency: All amounts are in SGD unless stated otherwise

Cancellation Fee: 25% for canceled projects after initiation

Preferred Payment Method: Bank transfer. Please note, credit card payments are subject to an additional bank fee charge.

43rd Street will retain ownership of the final output until full payment is received, at which point the rights are transferred to the client.

For majority of the projects unless specified, 43rd Street shall provide the client with up to two rounds of revisions for creative pieces, as outlined in the SOW. Any additional revisions requested by the Client beyond the initial two rounds shall be subject to an additional cost at the rate specified in invoice or as otherwise mutually agreed upon by both parties in writing.

The Client and the Creative Agency acknowledge the confidential nature of information exchanged during the term of this Agreement ("Confidential Information"). Each party agrees to treat all Confidential Information with the

 utmost confidentiality, not to disclose it to any third party, and to use it solely for the purpose of fulfilling the obligations under this Agreement.

The obligations of confidentiality shall survive the termination of this Agreement for a period of 1 year. Excluded from this obligation is information that is publicly available, independently developed by the receiving party, or rightfully obtained from a third party without restriction. In the event of a breach, the non-breaching party may seek injunctive relief in addition to any other available legal remedies.

In the event of a physical or medical emergency affecting the creative team rendering them unable to fulfil their obligations, either party may terminate this agreement with immediate effect by providing written notice to the other party. Termination under this circumstance shall not incur any penalties or liabilities, and both parties agree to negotiate in good faith regarding any outstanding project fees or reimbursements.

In the event that the client is unable to fulfil the stipulated payment terms at any stage of the project, 43rd Street reserves the right to terminate the project at its current stage.

The parties recognize and affirm that they operate as independent contractors under this agreement, maintaining separate control over personnel, methods, and operations. This relationship is not intended to create an employer-employee association, joint venture, partnership, or agency. Both parties acknowledge their individual responsibility for taxes, insurance, and other obligations related to their personnel. This distinction is crucial for tax and liability considerations, and neither party has the authority to bind the other without written consent. This independent contractor relationship persists beyond the agreement's termination or expiration.