Bueno Box Client Contract
This agreement for modeling, rendering or design services is entered into upon your acceptance of the estimate or invoice provided, as indicated by your signature, and is by and between Michael Johnson and John Harvey (here after referred to as “Designer”) and yourself (here after referred to as “Client”) for services established in the estimate or invoice provided by the designer.
Designer and Client agree to the following terms:
The terms of the Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms, conditions and deliverables, may be subject to amendment, change or substitution.
The rate and hourly estimate will be provided on the estimate or invoice provided by the designer.
Designer will meet with Client as necessary, to discuss expectations and objectives for the services previously established by the designer and client. Designer will then produce each service as agreed upon, and present them to the Client in digital form. Payment will be due every two weeks and/or at the conclusion of the project referenced by the estimate or invoice.
All invoices are payable within 21 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. The grant of any license, or right of copyright, is conditioned on receipt of full payment.
4. Default in payment
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
Any services or changes requested outside of the terms defined in the Fees section on the preceding page will be billed to the client at the additional services rate, listed on the estimate/invoice. The designer shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered.
The Client shall reimburse the Designer for all expenses arising from this assignment, and shall advance the Designer for payment of said expenses.
Upon request, client shall pay a deposit equal to 25% of the total fee for the defined project scope prior to the commencement of work by designer.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based 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.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
10. Code of fair practice
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder 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.
11. Limitation of liability
Client agrees that it shall not hold the Designer or his/her agents or employees 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.
12. Dispute Resolution
Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to litigation in a court of competent jurisdiction. The client shall pay all 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 Mecklenburg County, North Carolina.
13. Acceptance of terms
The signature, contained on the estimate or invoice by the client, shall evidence acceptance of these terms.
13a. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method 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 e-mail 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 of America and any applicable statutes held therein.