Design Service Ongoing Agreement

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This is a simple retainer agreement for design services. Original can be found at: http://doradesign.net/wp-content/downloads/Reta...

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By signing this agreement, Kurt Lin (“Client”) may engage Agatha June (“Service Provider”) to proceed with design services for the period 6/24/2019 to 10/04/19, and agrees to the terms and conditions as set forth in this Agreement.

1. Work. Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via Slack and email, 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 serve, and requires fair, realistic notice in order to attend to requests and projects.  Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work. Work priority and assignments to be determined by Client. 

2. Projects Completion. Each new or special project requires a minimum five (5) days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring holiday work may be subject to a 25% surcharge and/or other rush fees. Service Provider reserves the right to refuse any project or service request.

3. Payments. Payment for design services will be to Service Provider at the rate of $115 per hour. The first invoice will be sent via email at a NET15 with  all following invoices billed at NET30. 

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 charges of $10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 30 (thirty) days.

4. Payment Options. Personal or business checks are accepted for payment. AMEX, Discover, Mastercard and VISA credit cards and e-checks are accepted through Gusto, Vemno or PayPal. 

5. PropertyAll materials furnished by Client will remain the property of Client and will be returned upon request, or no more than 10 days from the termination of this agreement. The results of any and all work performed by Service Provider for Client, including original creative work, will remain the property of the Client. Client may use this material in any way deemed appropriate.

6. 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.

7. 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 attorneys’ 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 attorneys’ 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 nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to 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, nor 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 interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.

 

8. Additional Provisions. This Agreement shall be governed by and construed according to the laws of the State of Texas and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or state courts in Austin, TX and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts.  If Service Provider must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Service Provider shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded. 



9. Termination
. Contract may be terminated by either party for any reason with 10 (ten) days advance written notice of intent to cancel. 

Agatha June
(Service Provider)

Kurt Lin
(Client company)

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