This work for Hire Agreement (“Agreement”) is made upon the date when the agreement is signed between Susan Young and the Client.
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and the party who will be providing the services shall be referred to as the “Service Provider”.
1. SERVICES: This agreement constitutes an order for Personal Brand Management services (which may include web design, online business management, social media management, visibility mentoring).
2. PAYMENT: Client will pay compensation to Service Provider for the Services at the agreed rate when booking via the online system with the initial fee and on-going monthly payments in advance.
This compensation shall be payable and due upon booking in services.
3. RETAINER: Monthly retainers provide ongoing support at a discounted rate up to the number of hours set forth in your Agreement. Retainer fees are required 100% upfront at the time of signing this Agreement for services. Service provider will notify the client of estimated hours per project and will work within the hours agreed upon for each month.
4. CLIENT RESPONSIBILITY: Client understands that Service Provider is an Independent Contractor and not an employee. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider. The clients understand that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, Client understands the importance of communication, especially via email or use of Project Management Software (Trello), and agrees to respond to questions, requests, and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to service and requires fair, realistic notice to attend to requests and projects. Poor planning or miscommunication on the part of Clients will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects to meet expectations and provide the best support and highest quality of work.
5. OFFICE HOURS & COMMUNICATION: Office communication hours are Tuesday through Thursday, 8:00 am to 1:00 pm, Friday 8:00am – 3:00pm and Saturdays by appointment only. Holidays are by request only. Please request holiday or Sunday hours. Requests must be submitted no less than 48 hours in advance and must be agreed upon by both Client & Service Provider. (Additional payment may be required and if so, must be paid in full at time of request.) Email & the use of Trello are the main source of communication between Client and Service Provider. Service Provider is available for phone calls ONLY during office hours. However, the time of both parties must be respected, and calls lasting over 40 minutes will be billed to Client, unless they are within the agreed schedule of allotted appointments. Telephone or video (Zoom) meetings must be prescheduled no less than 24 hours prior. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed £30 to Client.
6. PROJECT COMPLETION: Basic support receives 24 – 48-hour attention Tuesday – Friday. Each new or special project requires minimum of three (3) days lead time. Client will provide sufficient notice and allow for reasonable time frames for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to 25% surcharge for rush fees. Service Provider reserves the right to refuse any project or service request.
7. MATERIALS & INFORMATION: Client will provide all content, outlines, photos, product images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful, and complete information necessary for Service Provider to perform or complete the contracted services or project.
8. EXPENSES: Expenses incurred on behalf of Client are NOT included in any fees and will be billed to Client. Reimbursable expenses may include, but not limited to, office supplies (e.g., domain names, hosting services, file folders, envelopes, removable storage drives, etc.), mileage, payments made to vendors, and shipping and handling costs. There is a one-hour minimum for office calls. On-site visits will be billed for meeting time, round trip travel time, and mileage. Payment is due upon receipt.
9. DELIVERY: Completed projects are delivered via removable storage drive, email, Trello, International or Local Mail, or other means as required by Client. Client is responsible and will be billed for all shipping and handling costs.
10.ACCURACY: Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofreading and accuracy. Service Provider is not responsible for errors or omissions.
11.PAYMENT OPTIONS: MasterCard, VISA, or PayPal are accepted, and Credit Card payment is processed through our Stripe account on the date of sign up each month unless otherwise agreed.
12.NSF FEES: There is a £40 NSF (insufficient funds) fee for declined or returned payments.
13.LATE PAYMENTS: Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charge of £10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every thirty (30) days.
14.LIEN: All material or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.
15.LATE FEES: Clients who consistently fail to respond to questions in a timely manner, do not supply needed information, or otherwise impair efficient workflows, increase administrative time, and prevent Service Provider from working to optimum standards and serving other clients in a fair and equal manner. Service Provider reserves the right to impose late fees and/or increase hourly and or package rates of Clients who fall into this category.
16.PROPERTY: All billing (including invoices, statements, and estimates), reports are provided as a convenience to Client at the discretion of Service Provider.
17.WORK PRODUCT OWNERSHIP: Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part in Service Provider in connection with the Services shall be the exclusive property of the Client. Upon request, Service Provider shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product.
18.ACCURACY OF INFORMATION: Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.
19.INDEMNIFICATION / RELEASE OF LIABILITY: Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all lawyers’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including lawyers’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client.
This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and / or non-performance of Service Provider’s duties here under and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, not for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
20.TERM / TERMINATION: Either party may terminate this agreement upon 14 days written notice to the other party. Provided, however, that each party may terminate the agreement immediately without prior notice in the event of a breach of this agreement by the other party. Upon termination, Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt.
21.EXPIRATION / MODIFICATION: The agreement shall remain in effect for a period of three (3) months or until such time as one or the other party provides written notice of cancellation. This agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both parties will modify or amend this agreement.
22.NON-DISCLOSURE AND NON-SOLICITATION: Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to customer lists, contacts,
financial data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.
The terms and conditions of this Agreement may be modified or amended as necessary only by written instrument signed by both parties.