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.
See Scope of Work document for investment details. Payments will be divided evenly between proposed time of work. First payment is due date contract is signed, remaining payments will be automatically billed on the same day each month.
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 by deadlines set through the course of the project will cause subsequent delays in the production. Responsibility for project delays caused by Client missing a required deadline will be the responsibility of the Client. Project may be eligible for rush status, but will be subject to Rush Fee, as detailed below.
FEES & ADDITIONAL SERVICES:
By agreeing to the terms of this project, Client is agreeing to payment of the entire project amount, unless it can be proved by both parties that the Consultant did not perform as outlined. Project scope is based on a total of 3 rounds of revisions. Additional change requests may be subject to hourly rates after Client has been notified. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Scope of Work (if applicable) will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement. Said work may be billed at the current hourly rate of $250 per hour. If scope of Work or first deliverable is required by Client earlier than standard turnaround time (as detailed in proposal) a Rush Fee may be charged; OR if at any time the project has been delayed past deadline dates due to Client failure to comply with deadlines, the Client may request a Rush status for the project. Standard Rush Fee rates are 30% of total project cost. Work exceeding past initial deadline due to delays from Client may also result in additional weekly maintenance fees of $250 per week until project is completed.
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other employees, 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. Upon final payment, Client will be granted usage rights to materials and visual property created for scope of project.
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.
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.
Either party may request a termination of services by giving 30 days written notice of intent to cancel to the other party. In the event that Work is 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, or collect regular monthly payment amount due within 30 days, whichever is greater. Client understands that termination request for reasons other than Consultant performance are subject to full payment of half of the total contract amount.
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.
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 Idaho applicable therein.
If you choose to cancel services before our first session, you may receive a 100% refund of your initial payment. Cancellation requests after Formula Done has engaged are limited to a maximim of 50% of initial investment within the first 30 days. 31 days or after initial engagement there are no refunds available.