Deb Dutta

Service Provider Release of Copyright

Contracts
Oct 23rd 2020

Entered into agreement on Date signed.

Parties:Known as  "Provider"

_______________ (enter your name)__________

and Known as "Client"

the individual or entity signing this agreement

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

Purpose of the Agreement

Client wishes to hire Service Provider to provide services as detailed in this Agreement. Service Provider has agreed to provide such services according to the terms of this Agreement.

Terms

Services

Provider shall provide Client with the services and/or products ("Services") as described in the title, description and what's included list. This is the exact details that you have agreed to when getting into this contract. These details will also be digitally saved in the Provder's orders database.

Cost, Fees and Payment

Cost. The total cost ("Total Cost") for all Services is  due in full by the time the service is delivered. Client shall pay the Total Cost to Provider, entirely upfront or partially as a non-refundable retainer, following up with the remaining soon after receiving the invoice once the service is complete. The first payment is a non-refundable payment. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients.

Intellectual Property

Upon completion of services, and expressly subject to full payment of all fees, costs and expenses due, Service Provider hereby assigns to Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the Final deliverables. Service Provider agrees to reasonably cooperate with Client and shall execute any additional documents reasonably necessary to evidence such assignment.

Limit of Liability

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery,Service Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Service Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Service Provider provides to Client.

Changes

Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at Service Provider’s standard hourly of _______ per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Service Provider may extend or modify any delivery schedule or deadline as required by such Changes.

Impossibility

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services

In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

The laws of Service Provider's Company's state govern all matters arising out of or relating to this Agreement, including torts.

Severability

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Merger

This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment

The parties may amend this Agreement only by the parties’ written consent via proper Notice.