The Legal Stuff


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CW Consulting Service maintains the right to refuse any project/client that may conflict with State or Federal Laws.

1.  Independent Consultant Relationship

Consultant's relationship with Client will be that of an independent Consultant, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. No part of Consultant’s compensation will be subject to withholding by Client for the payment of any social security, federal, state, or any other employee payroll taxes.

2.  Payment

It is understood by the Client to pay all fee’s agreed upon by Consultant and Client during the initial meeting. 

Payment terms shall be as follows:

 Client shall pay Consultant

§  Per hour for Graphic Design, Email Marketing, Social Media & all other services.

§  Payment & Hourly allocation for Website

o   Per page of Website Layout.  

§  Hourly allocation for each page will not exceed 9 hours.  8 hours for the initial designing, writing of Authoritative Content, Research, & Technical implementation. And 1 hour per page for final adjustments after the website is launched. Any time accrued in addition to the initial allocation will be billed the hourly rate.

1-5 Page Website:  The terms are as follows; Payment will be made in one payment. Due upon receipt of initial invoice and contract.  Work will commence once payment is received. 

6-10 Page Website: The terms are as follows: Payment will be made in two equal payments.

o   1st Payment – Due upon receipt of initial invoice and contract.  Work will commence once payment is received

o   2nd/Final Payment – Due upon receipt of invoice upon completion and launch of Website or prior to the 4th week into the project, whichever comes first.

10+ Page Website: The terms are as follows: Payment will be made in three equal payments.

o   1st Payment – Due upon receipt of initial invoice and contract.  Work will commence once payment is received

o   2nd Payment – Due upon receipt of invoice 2 weeks after project has begun.

o   3rd Payment – Due upon receipt of invoice upon completion and launch of Website or prior to the 6th week into the project, whichever comes first.

§  If at any time during the project, the Client reneges or refuses payment, it is understood by the client that all monies paid up to that point is non-refundable and all proprietary information produced by the Consultant remains the sole ownership of the Consultant.

 

2.1 Travel

Local (within 75 miles)

§  On occasion it may be necessary to have a face to face meeting that we will term “Brick & Mortar” meetings.  Because of the cost and time incurred in travel, The Client agrees to pay the Consultant a discounted rate to be determined by the Consultant for time incurred only. 

Long Distance/Out of State

§  Client agrees to pay for travel expenses up front; including but not limited to flight, hotel, rental car, fuel and per diem.  These terms are negotiable at the time of contract and will be agreed upon by both the Client and Consultant. 

 

3.  Work

All work by Consultant will be sent electronically in a watermarked draft format reviewed and approved by client continuously throughout the agreed upon project.  For websites, Consultant agrees to supply the Client with a temporary domain to monitor the progress of the website until its initial launch. 

 

4.  Ownership of Work Product

Consultant agrees that all work product developed by her alone in connection with the performance of services pursuant to this Agreement is and shall be the sole property of the Client, and Consultant shall retain no ownership or rights therein, except for consultants promotional and marketing use as deemed prudent . Work product includes website, graphics, authoritative content, slogans, and taglines. All Photography taken by the Consultant for the Client will remain indefinitely under copyright of the Consultant with express permission given to the Client and their legally acting entities for promotional and marketing use ONLY. 

5.   Confidentiality.

5.1     Definition of Confidential Information. "CONFIDENTIAL INFORMATION" as used in this Agreement shall mean any and all technical and non­technical information including patent, copyright, trade secret, proprietary information, computer files, and client information related to the past, current, future, and proposed services of Clientand includes, without limitation, Client property, and Client's information concerning customers, research, financial information, purchasing, business forecasts, sales and merchandising, and marketing plans and  information.

5.2     Nondisclosure and Nonuse Obligations. Consultant agrees to protect the confidentiality of all Confidential Information and, except as permitted in this section Consultant shall neither use nor disclose the Confidential Information. Consultant may use the Confidential Information solely to perform consulting services under this Agreement for the benefit of Client.

 

6.   Addendums

If at any time the Client decides to add additional services or changes services for the Consultant to perform, an Addendum to this contract will be made by the Consultant and sent electronically to the Client.