Terms
This work for Hire Agreement (“Agreement”) is made between Felly Day Studio and they buyer.
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. DESCRIPTION OF SERVICES. Beginning after the checkout, Service Provider is available to provide the discussed services (collectively, the “Services”).
1.B DELIVERY OF SERVICE. The Service Provider may need certain deliverables from you to start working. Until your questionnaire has been delivered, the Service Provider will not start working.
2. SCHEDULE AND DAYS OFF. The Service Provider is generally available to provide Services during the following hours: Monday – Friday 10 am – 4 pm CST, excluding national Canadian holidays.
3. PAYMENT FOR SERVICES. The Client will compensate the Service Provider for the Services in advance. This compensation shall be payable and due upon receipt of the invoice. The Service Provider is not responsible for work not completed should the Client have withheld the necessary documents to complete the work.
3.B LATE PAYMENTS. Payment is due prior to any work being completed by the Service Provider. Any payments not received within 3 days of the due date are subject to a 5% late fee. After 7 days, the contract will be put on hold until an agreement is reached between the 2 parties.
4. REFUNDS. There are no refunds available for this service.
5. NON-DISCLOSURE AND NON-SOLICITATION. Service Provider shall not directly or indirectly disclose to any person other than a representative of the 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 Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. Furthermore, Service Provider agrees that during the term of this Agreement, and for 2 years following the termination of this Agreement, Service Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of the Client herself.
6. RELATIONSHIP OF PARTIES. It is understood by the parties that the Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Service Provider.
7. SUBCONTRACTORS. The Service Provider may engage with one or more Sub-Contractors to perform any or all of its obligations under this Agreement; provided, however, that (i) the Service Provider shall use the same degree of care in selecting any such Sub-Contractor as she would if the Sub-Contractor was being retained to provide similar services to the Service Provider and (ii) the Service Provider shall in all cases remain primarily responsible for all of its obligations under this Agreement with respect to the scope of the Services, the standard for services and confidentiality. Under no circumstance will the Client be responsible for providing payment to the Sub-Contactor.
8. WORK PRODUCT OWNERSHIP. Any copyrighted works, 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.
9. LIABILITY. Service Provider will not be liable for loss, damage or delay of Client’s project due to circumstances beyond the Contractor’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact the Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify the Client immediately.
10. CONFIDENTIALITY. Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. The Service Provider will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Service Provider will return to the Client all records, notes documentation and other items that were used, created, or controlled by Service Provider during the term of this Agreement with the exception of items purchased by Service Provider and not reimbursed by the Client.