This AGREEMENT is in effect as soon as payment of your deposit is received and is between you, hereafter referred to as “Client” and Kinetiva, hereafter referred to as “Consultant.” In consideration of the foregoing premises, the parties hereto agree as follows:
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. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. 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:
Client shall pay Consultant 50% of the total project value, as a deposit prior to project commencement. The balance of payment is due within 7 days of the completion date of the project.
DUE DATES:
Consultant agrees to deliver samples or initial concepts on dates as agreed upon. 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.
REVISIONS & AMENDMENTS:
Up to two rounds of minor amendments and edits will be permitted at the design concept stage of the process in order to create the design upon which the rest of the project will be based, after which additional concepts and revisions will be charged for at an hourly rate of GBP 50 per hour.
One round of amendments and edits to text and website content will be permitted after the “Build Complete” stage of a website or blog, after which additional amendments will be charged for at an hourly rate of GBP 40 per hour.
FEES & ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes throughout the project will be charged at a rate of GBP 50 per hour for each additional hour required to implement the changes. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the Proposal 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: (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 here under 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, on request of the Client.
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.
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 the UK applicable therein.