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.
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. 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.
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.
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.
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.
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:
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:
The laws of Service Provider's Company's state govern all matters arising out of or relating to this Agreement, including torts.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
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.
The parties may amend this Agreement only by the parties’ written consent via proper Notice.