Service AGREEMENTS are dated and in effect as of the date a deposit is received, between the issuing company or individual, hereafter referred to as “Client” and Jessica Norman, hereafter referred to as “Consultant”. This agreement is with respect to the design of the client’s website or marketing materials, hereinafter referred to as the “Work.” Whereas, Consultant is a professional web and graphic designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree to the following:
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
An Estimate will describe the Work that is required of Consultant for the Client.
PAYMENT SCHEDULE
The full length of this contract is as follows:
Starting date is the date a deposit is received and estimated completion date is described fully in the Estimate, for the total amount detailed in the Estimate. Client shall pay Consultant 50% as a deposit for project commencement. The balance of the remaining 50% is due on completion date, and prior to file relinquishment. The Consultant shall upload and/or assemble the website on Client’s web server as part of completion. The balance is due within thirty (30) days of the completion date.
DUE DATES
Consultant agrees to deliver samples of design on dates as agreed upon in the Estimate. 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 $35 per hour. Any work the Client wishes Consultant to create, which is not specified in the Description of Work section of this agreement, or in the attached Estimate will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
EXPENSES
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: fonts, research, shipping, software, stock photography, travel, telephone consultation, or other unforeseen expenses. The Consultant will make all possible efforts to include these expenses in the original Estimate.
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.
COPYRIGHT NOTICE
Copyright is in Consultant’s name. Upon completion of Work, the copyright will only be released to the Client upon receipt of final payment.
GUARANTEE OF WORK
The Consultant guarantees the design, coding – where applicable, and functionality of the Work as detailed in the Estimate. The Consultant will correct any issues with the Work covered by the contract at no additional cost in a timely manner. The Client agrees to submit issues in written form, to which the Consultant will address the issues within thirty (30) days. In the case that issues will take longer than thirty (30) days to resolve, the Consultant will notify the Client.
Technical issues or changes due to third-party interactions are not covered in this guarantee, including but not limited to: website hosting server services, domain registration services, or website design changes from third-party technicians. Any changes not covered in this description of Work will be handled in a separate and unique Contract. These extraneous changes will be billed in accordance with the Consultant’s going rates, currently set at $35 per hour.
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 (30) 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.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of North Carolina applicable therein.
By submitting the deposit of 50%, the Client agrees to the terms of this agreement on behalf of his or her organization or business.