PAYMENT & EXPENSES
Payments for all invoices are due 30 days from receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 45, 60 and 90 days from the date of original invoice. Should the Designer incur any expenses from this project, including payment of any sales taxes, stock photography, artwork or other material needed, the Client shall reimburse the Designer for all expenses.
The fees and expenses shown are minimum estimates only. Once an hourly rate is agreed upon, the designer shall keep an accurate report of hours worked within a reasonable amount of time. Final fees and expenses shall be shown when invoice is rendered. Any changes to the final estimate including additions, alterations, content updates, layout, etc., will alter the time spent and cost to the Client. The Client shall offer the Designer the first opportunity to make any changes.
In the event of cancellation of this agreement, ownership of all copyrights and the original artwork remain with the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee will be calculated on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned and completed 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 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 by intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party. Any disputes in excess of the 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 filed in the designer’s state/county of business/residence.
ACCEPTANCE OF TERMS
The action of electronically sending and receipt of this agreement 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 email noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
This contract is held accountable to the legal system of the United States and any applicable statutes held therein.
Effective Date: January 30, 2020
HAPPEN design, LLC