Client Contract

 

Client Service Agreement

Parties: Known as "Contractor"

and Known as "Client" and/or "Customer."

The above people or businesses entering this Agreement will be called the "Parties."

Purpose of the Agreement

Client wishes to hire Contractor to provide services relating to Client’s Web Development and/or Branding Services as detailed in this Agreement. The contractor has agreed to provide such services according to the terms of this Agreement.

Terms

This is a legally binding contract between Full Hearts Studio and the Client/Purchaser that constitutes an order for the design services listed above. The client hereby allows Full Hearts Studio to use and share all design work for self-promotional purposes once the client has publicly launched their designs. Unused designs created during the process and not included in the final signed-off designs remain in full ownership of the designer, who may do so as they please.

 

PAYMENT

Full payment is required at the time of booking. If a client chooses to cancel after making an online purchase, they have 24 hours to do so for a full refund.

After this 24-hour window, work will have already begun, and no refunds will be issued. All ownership of designs will remain with Full Hearts Studio unless the project is completed and paid in full. Cancellations must be requested in writing.

 

EXPENSES

Any expenses incurred by the Contractor while providing the Client with Services will be invoiced to the Client promptly. The client is responsible for paying for and delivering any third-party software licenses or products the Contractor wishes to utilize before the project completion date. At the Contractor’s discretion, the Contractor will make reasonable efforts to integrate the Client’s suggested software or products.

 

REVISIONS

Unless stated otherwise, the client is entitled to two concepts with two numbers of revisions. Should the client require more revisions or the designer believes the work to be more complex than set out, additional fees will occur. Furthermore, any extra work beyond the services listed above will result in an added billing to the invoice.

 

COMPLETION DATE

The maximum completion timeframe for this project is three to four weeks from the file submission date, calculated in business days only (excluding weekends and holidays). If the project is not completed by this date, at no fault of the designer, the client will be expected to pay a disruption fee each week the project runs over. The project start date does not begin until all requested files have been submitted via Dropbox.

 

CLIENT DESIRES TO CANCEL

Suppose the client wishes to terminate the contract for any reason except unforeseen circumstances. In this scenario, the client will not be entitled to a refund in any manner. Breach of the following will result in automatic termination of the contract, and the client shall not be entitled to a refund of any kind. A) The client is disrespectful or makes any discriminative or offensive remarks towards Full Hearts Studio B) In the unlikely case that multiple attempts have been made or offered to develop a design, yet the client remains unhappy or refuses additional fees, and a resolution is not deemed possible by the designer. C) There is an unresolvable dispute between the designer and the client.

Should either party terminate the contract, all work legally belongs to Full Hearts Studio, and the client is not permitted to use the designs for personal or business use. Furthermore, in this event, any individual, including the client or another designer, is not permitted to recreate the ideas or designs created by Full Hearts Studio.

 

CLIENT DESIRES TO RESCHEDULE

If the client must pause the project due to unforeseen circumstances within the business or personal reasons, the client may only do so for up to six months. The project will be resumed based on the designer’s availability. Following six months, if the project has not resumed in full, the designer has the right to cancel it and refund the amount equal to the work not yet completed.

The designer is not responsible for delays in the client’s schedule that result from the client’s planning. Suppose the client requires additional work or resumed work to be completed on a rush order that results in the designer making accommodations in their schedule beyond typical work hours. In that case, this will be billed at an increased rush rate and only accepted based on the designer’s availability.

 

NO-SHOWS

Suppose it becomes impossible for the Contractor to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks promptly. In that case, it is within the Contractor’s sole discretion to allow for any additional time or dates to render Services. Any outstanding amount will immediately become due and payable in such an event. If payments have already been made, there will not be any refunds.

 

FEEDBACK

The client must respond with feedback within three days of receiving design work. Suppose the designer makes multiple attempts to contact the client and fails to communicate. In that case, the contract will be automatically terminated, and all payments for completed work will be billed directly, plus a 15% disruption fee.

 

FORCE MAJEURE

In the unlikely event that Full Hearts Studio falls ill or is injured and cannot complete the work for this reason or any other, including personal, the client is entitled to a partial refund minus any design work that has already been completed. The client will be entitled to a full deposit refund if this occurs before the starting date.

 

OWNERSHIP

All design proofs will be provided in digital form, and only once the final payment is made will the designer share all complete, final files. Should this payment not be received for any reason, all work legally belongs to Full Hearts Studio, and the client is not permitted to use the designs for personal or business use. Furthermore, in this event, any individual, including the client or another designer, is not allowed to recreate the ideas or designs created by Full Hearts Studio.

 

RELATIONSHIPS OF THE PARTIES

The contractor and any related sub-contractors are not employees, partners, or members of the Client’s company or organization. The contractor has the sole right to control and direct the means, manner, and method by which the services in this Agreement are performed. The contractor can hire assistants, subcontractors, or employees to provide the Client with its Services. Parties are individually and separately responsible for their business operation and expenses, including securing or paying licensing fees, insurance, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Worker's Compensation, insurance, or unemployment fees to Contractor.

 

CONFIDENTIALITY

Parties will treat and hold all information relating to this Agreement, the Services provided. The Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any copies to the original Party. They will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential, including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times, neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties concerning any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully obtained from a third party not owing to a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party, or is independently developed by either Party without prior knowledge of privileged or confidential information.

The laws govern all matters arising under or relating to this Agreement, including torts.

SEVERABILITY

Suppose any portion of this Agreement is deemed illegal or unenforceable. In that case, the remaining provisions of this Agreement remain in full force if the essential provisions of this Agreement for each party remain legal and enforceable. 

AMENDMENTS

The parties may amend this Agreement only by the parties’ written agreement with proper Notice.

ASSIGNMENTS

Unless otherwise provided herein, neither party may assign or subcontract any rights or obligations in this Agreement without proper Notice.

TITLES

The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.