Standard service retainer contract for Trim Media LLC
TRIM MEDIA LLC SERVICE RETAINER CONTRACT
Date: Send Date
Us/We/Our: Trim Media LLC located at our address reachable at our phone contact and our email contacts
You/Your: Your Name (on behalf of Your Company Name) located at Your Company or Home Address reachable at Your Phone Contact and Your Email Contact - any email(s) you want to use for official correspondence
Client Content: Elements (i.e. text, images, artwork or other assets) You give us
Deliverable(s): Digital or physicals asset(s) (i.e. designs, code, photographs, video, etc.) created by or shared by Us under this agreement
Full Hourly Rate: $75 per hour
We will always do Our best to fulfill Your needs and meet Your expectations, but it’s important to have things written down so that we both know what’s what, who should do what when, and what will happen if something goes wrong. In this contract You won’t find dense legalese or long passages of unreadable text.
In short: You are contracting Us to provide the Deliverable(s) outlined in the attached Proposal(s).
Agreement of Both Parties:
You: You have the authority to enter into this contract on behalf of yourself and Your company. You will provide Us with everything we have requested from You to complete the Deliverable(s) outlined in the attached Proposal(s). You will review Our work, and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates We set together. You also agree to stick to the payment schedule set out in the Proposal(s).
Us: We are not employees of Your company. We will complete the Deliverable(s) outlined in the attached Proposal(s) and will do it all in a professional manner. We will endeavor to meet every deadline that is set.
The cost, timeline, Deliverable(s) and/or client requirements detailed in the attached Proposal(s) are part of this Contract, and therefore, all terms agreed here apply to the attached Proposal(s). Additional Proposal(s) can be added by written agreement of both parties and will also become part of this Contact. Electronic signatures or email confirmation from one of Your or Our email addresses specified above constitutes a written agreement.
Office Hours & Communication
Office hours are Monday through Friday 8:00 am to 5:00pm (PST). Email will likely be the primary form of communication between You and Us, but we are available for phone calls during office hours unless otherwise specified via an email notification, voicemail message or phone call from Us. Calls will be billed by the quarter hour. Scheduled conference calls that are rescheduled or canceled with less than 3 hours notice will be charged for one hour.
The timeline for each stage of the project begins when all Client Content and the agreed upon down payment have been received. We then agree to finish the Deliverable(s) within the agreed upon time frame, as described in the attached Proposal(s). As the stages progress, You will have opportunities to review Our work and provide feedback. Due to the creative nature of Our work, We require a 5 business day grace period on all delivery dates unless otherwise specified in the attached Proposal(s).
Changes & Revisions
We don’t want to limit Your ability to change Your mind. The price outlined in the attached proposal is based on the amount of time We estimate We’ll need to accomplish everything You’ve told Us You want to achieve, but we’re happy to be flexible. If You change Your mind or add anything new, that won’t be a problem. We will either agree to an additional Proposal and will attach or We will charge the Full Hourly Rate for any changes that surpass the work outlined in the original attached Proposal(s) and invoice that work separately. You also agree that We are not responsible for late delivery as a result of repeated changes, or revisions that alter the scope defined in the attached Proposal(s).
Intellectual Property Rights
First, You guarantee that all Client Content is either owned by You, or that You have permission to use it. When Your final payment has cleared, usage rights to the Deliverable(s) will be assigned as follows:
You will have the license to use the final Deliverable(s) that We created under this Agreement subject only to any restrictions on the use of Your original Client Content. We will give You the finished source files and You should keep them somewhere safe as we’re not required to keep a copy.
We will own the unique combination of these elements that constitutes a complete Deliverable and We’ll license its use to You. Deliverable(s) cannot be resold or repackaged without Our prior written consent. We retain the right to use Deliverable(s) in competitions, publications, educational content, and in promoting Our business through any medium.
Retainers provide ongoing support (as described in the attached Proposal(s)) at a discounted rate up to the number of hours set forth in the attached Proposal(s). Retainer fees must be paid in full in advance of services. Payment is due on or before 1st of each month. If payment is not received by this date, Full Hourly Rate will apply for any work performed until payment is received and invoiced separately. Similarly, any work that exceeds the retained number of hours will be billed at the Full Hourly Rate and invoiced separately.
Any hours You have paid for but haven't used at the end of a payment period will rollover to the next period. You have 2 pay periods to use rollover hours before they expire.
Rush projects (due within 72 hours) or due over a weekend or holiday will be subject to a 50% surcharge. We reserve the right to refuse any project or service request not specifically outlined in the attached proposal.
We will invoice you by email. You agree to pay all invoices within 30 days of delivery. A late fee of 5% (or the maximum percentage allowed by law) will be applied to all invoices not paid within 30 days. An additional 5% of the initially invoiced amount will be added for each additional 30 day period up to 90 days at which point the invoice will be referred to collections and you will be responsible for all collection and legal costs in addition to the invoice amount and late fees.
We will bill You for any expenses required for the completion of this project. Expenses may include, but are not limited to: long distance phone calls, shipping costs, materials (digital or physical), and mileage (billed at IRS standard rate). We promise to always provide notice of necessary expenses.
If, at any stage, you’re not happy with the direction Our work is taking, You agree to pay Us in full for everything we’ve produced until that point and cancel this contract.
We cannot guarantee that Our work will be error-free and so We can’t be held liable to You or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised Us of them.
You can’t transfer this contract to anyone else without Our permission. This contract stays in place and need not be renewed. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Changes or additions to this agreement must be made in writing and are only valid if they are signed by both parties. Again, electronic signatures or email confirmation from one of Your or Our email addresses specified above constitutes a written agreement.
Although the language is often simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of United States courts.
The dotted line
Signed by Our Representative on behalf of Trim Media LLC
Signed by Your Name (on behalf of Your Company Name)
Date: Send Date
Everyone should sign above and keep a copy for their records.