SERVICE AGREEMENT.
This Service Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Chineme Elobuike, Contact Info: _____________ (hereinafter referred to as the “Designer”), and Emily Orford, Contact Info: emilyo@plutobooks.com (herein referred to as the “Client”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
TERM.
The initial term of this Agreement shall be for the period of ________ [Days/Weeks/Months], commencing on the Effective Date herein, deadline being on the ____________.
SCOPE/PAYMENT.
- The Freelancer shall design a logo for the Client. Final payment total for project is __________ Dollars, the Client agrees to either of these options
☐25/25/25/25
☐35/35/30
☐50/40/10 if the final payment total of the project is less than $1,400.
Payment 1 due Once Contract is signed
Payment 2 is due on _______________
Payment 3 due on _________________
- All invoices are payable within 21 business days of receipt.
- A Fifty Dollars ($50) service charge is payable on all overdue balances for reissuing each invoice at 22, 29 and 36 (etc and so on in week increments) days from the date of the original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment. The remaining balance will be paid at the end of the project’s completion (which is defined as the end of the project and all paid for revision cycles).
- The Client acknowledges and understands that in the event they cancel the Agreement before start of the project, they shall forfeit the initial deposit, the deposit is non-refundable.
- The Client shall be liable for any lengthy delays for feedbacks, and sending assets, which shall require the Client to pay an extra fee.
DEFAULT IN PAYMENT.
The Client shall assume responsibility for cost outlays by the Designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
EXPENSES.
The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.
PORTFOLIO.
The Client gives the Designer undisputed rights over using the project in the Designer’s portfolio.
CANCELLATION.
In the event of cancellation of this Assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is 50% of remaining unpaid fees. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not.
TERMINATION.
Either party can terminate this Agreement by offering a ____ day written notice on the same before the project starts. If the Client terminates this Agreement, they shall forfeit the initial deposit. If the Designer terminates this Agreement, they can either refund the deposit or reschedule the project within the Client’s convenience.
OWNERSHIP AND RETURN OF ARTWORK.
The Designer retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.
CREDIT LINES.
The Designer and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here. The Client shall pay the Designer $150 fee in the event thy either choose to remove the credits or if they choose not to credit the Designer.
INDEMNITY.
The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
FORCE MAJEURE.
The failure on the part of the Designer to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties.
MODIFICATIONS.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
UNIFORM COMMERCIAL CODE.
The above terms incorporate Article 2 of the Uniform Commercial Code.
CODE OF FAIR PRACTICE.
The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).
CODE OF FAIR PRACTICE.
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
LIMITATION OF LIABILITY.
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
DISPUTE RESOLUTION.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be led in the designer’s state/county of business/residence. This contract is held accountable to the legal system of Washington DC and any applicable statutes held therein.
ACCEPTANCE OF TERMS.
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding. I agree to the terms and conditions of this contract.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
DESIGNER: _____________ ___________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: ___________________ ____________________________ ___________
(SIGNATURE) (NAME) (DATE)
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