1. PARTIES TO THE CONTRACT
This agreement is made between Firefly Graphics & VA Services (FFGVAS) and the Client, as detailed on the Estimate / Proposal.
2. DESCRIPTION OF SERVICES
FFGVAS will provide the services described in the estimate/proposal/ invoice (collectively “Services”). The Services generally include: Graphic Design and/or Virtual Assistant Services.
3. PAYMENT FOR SERVICES AND EXPENSES
In consideration of the provision of the Services the client will pay FFGVAS as per the agreed method of (direct transfer or credit card) and/or receipt of invoice for hours billed based on the estimate. The Client agrees to pay any and all reasonable expenses incurred by FFGVAS in connection with the Estimate/Proposal. The Client also agrees to pay a 50% deposit when required before the commencement of works with the balance due on completion of the work in full unless stated otherwise.
It is a term of this agreement that “The Client” as referred to in Clause 1 hereby acknowledges and agrees that all costs associated with the recovery of any overdue accounts are payable by “The Client”. This includes, but is not limited to, any overdue fees applied to the account, debt collection costs, court action and any other costs associated with the recovery of fees due and payable. “The Client” hereby indemnifies FFGVAS of any costs or actions, legal or otherwise arising from this procedure.
Note: The payment of a deposit or payment in full shall be accepted as the Client’s acceptance of the Terms & Conditions in lieu of the Terms & Conditions being signed.
4. TERM / TERMINATION
This Agreement may be terminated by either party at any time by giving to the other not less than 48 hours notice in writing either via email or post. If work has begun on the project FFGVAS reserves the right to retain any moneys paid in advance or charge a reasonable amount for work performed in respect of which work no fees have previously been charged.
5. RELATIONSHIP OF PARTIES
It is understood that FFGVAS is, and shall remain an independent contractor with respect to the Client and not an employee of the Client.
6. WORK PRODUCT OWNERSHIP
FFGVAS presently assigns to the Client all existing and future intellectual property rights in all inventions, models, designs, drawings, plans, software, reports, proposals and any other materials created or generated by FFGVAS (whether alone or with the Client, its other employees or contractors) for use by the Client upon full payment of services. However FFGVAS reserves the right to use such work for promotional purposes, eg. portfolio, social media, website etc. where appropriate. If the Client wishes that certain works not be used in such a way then they shall provide that in writing.
FFGVAS will not at any time disclose to any third party any information that is identified as confidential by or to the Client. FFGVAS will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of the Agreement. Upon termination of this Agreement FFGVAS will return to the Client all records, notes, documentation and any other such items that were used, created or controlled by FFGVAS during the term of this Agreement.
8. ENTIRE AGREEMENT
This Agreement contains the entire Agreement of the parties and supersedes any and all previous representations, warranties, undertakings and Agreements.