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CONFIDENTIALITY:
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- is already known to the party to which it is disclosed;
- is or becomes part of the public domain without breach of this Agreement;
- is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
DESCRIPTION OF WORK:
A separate Proposal will describe the Work that is required of Consultant for the Client.
PAYMENT SCHEDULE:
Starting date is ____ day of ______, ______ and estimated completion date is ____ day of ______, _____. Client shall pay Consultant $35.00 per hour for the design project. Client shall pay Consultant $20.00 per hour for maintaining the design project upon completion. Client shall pay Consultant $___________, as a deposit for project commencement. Upon completion of the design project, the remaining balance will be due prior to file relinquishment, or upload and/or assembly of website on Client’s web server. Once invoice is received, Client has 30 days to relinquish payment. If Domain Name Registration and/or Web Hosting are required to be set up, fees associated with either will be expected to be paid in advance.
RUSH CHARGES:
The following deadlines will incur a Rush Charge of an additional 50% of the total job amount for work performed during business days and within business hours. Web or Graphic Design: Deadline of 5 days or less.
This fee will only be charged if Client pushes the due date up.
LATE PAYMENT & FEES:
If Client fails to pay the remaining balance within 30 days, a reminder invoice will be sent. If invoice is not paid within 5 days, a late fee of $5.00 per day will be charged for each day after payment is not received and no further work will be performed until payment, including late fees, is received. Every two weeks, the client will receive a new invoice with the revised amount, including late fees. Consultant reserves the right to remove any work performed on a clients’ web site that has not been paid for. For project work, a late fee of $5.00 per day will be charged for each day after the agreed upon payment date. If work has not been released to client or printer, it will be held until payment has been made.
Upon payment of current total due, including Late Fees, work will be released and uploaded to client’s server within 72 hours, excluding weekends. Consultant is NOT RESPONSIBLE for missed print deadlines due to Client’s failure to pay on time.
NON-PAYMENT:
If no payment is received within 90 days, it will become a Non-payment transaction. Non-payment for any work performed will result in termination of contract, web site files will not be uploaded to Client’s server and any payments made at start of work or during work will not be returned. If for any reason site files have been uploaded to Client’s server, they will be removed. After 120 days of non-payment, if Client has purchased a domain name, the domain name will be sold.
DUE DATES:
Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
FEES & ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes will be charged at $50.00 per hour. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from the above that is specified in this Agreement.
EXPENSES:
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation).
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
PUBLICATION:
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
COPYRIGHT NOTICE:
Copyright is in Consultant's name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant's signing of the Release of Copyright.
TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.