CLIENT AGREEMENT
1. Definition of Parties
By signing this agreement “Client” has retained Rogé Galmish of Funelle (“Business Owner”) (within this Agreement, Client and the Business Owner will also be referred to individually as "Party") to proceed with the Kajabi services and agrees to the terms and conditions as set forth in this Agreement.
2. Compensation
50% of the project total is due when this agreement is agreed to and serves as a nonrefundable deposit. The remaining 50% are due when all tasks outlined in the proposal are completed or fulfilled. Final files will not be delivered and ownership rights to any and all deliverables as a result of Business Owners' services, will not be awarded to Client until the final balance is paid in full.
3. Refunds
Due to the nature of creative work, the Business Owner is unable to grant any refunds. All payments made are final and nonrefundable.
4. Timeline
Projects are scheduled on a first come, first served basis. Delivery of work depends on the Client's timely communication, including supplying feedback and requested content. The Business Owner cannot be responsible for missed or postponed deadlines, due to the delay in receiving necessary content, feedback, revisions, and information that is required for the advancement and/or completion of the project.
At this time, the Business Owner can hold Client's projected start date for five (5) business days from the proposal date. The Client will need to agree to this Agreement and pay the initial deposit within these five (5) business days, in order to confirm the projected start date. If the Client is unable to agree to the Agreement and pay the initial deposit in this timeframe, the project start date may need to be postponed.
5. Project Delay
Due to recurring financial losses caused by project delays, the Business Owner reserves the right to put Client's project on hold for up to 6 weeks, if deadlines are missed and/or timely communication is not maintained throughout the project.
a) When the Business Owner sends design or setup drafts requesting feedback, Client is expected to respond with his or her full list of revisions and general feedback within 1-3 business days. If Client does not provide full list of feedback and revisions in this timeframe, the Business Owner may need to postpone project completion for up to 6 weeks. Furthermore, a refund will not be issued, as noted in clause 3 of this contract.
The client understands that he/she is expected to respond with their full list of revisions and feedback as prompted by the Business Owner, within 1-3 business days of being sent drafted content. If he/she does not provide my full list of feedback and revisions in this timeframe, Business Owners may need to postpone project completion for up to 6 weeks. Furthermore, a refund will not be issued, as noted in clause 3 of this contract.
b) Client must complete all preparation work before their planned Project start date. Preparation work includes: questionnaires in the client portal and all other necessary items requested by the Business Owner (e.g. written content, photos, branding elements, etc.) for the advancement and completion of the project. If Client does not complete this preparation work within 2 full business days before their Project start date, the project may need to be postponed until the next available date (up to 6 weeks from the original start date). Furthermore, a refund will not be issued, as noted in clause 3 of this contract.
6. Ownership and Usage
All materials furnished by the Client will remain the property of the Client and will be returned upon request, for no more than 10 days from the termination of this agreement.
The finalized results of work performed by the Business Owner for the Client will remain the property of the Client. The Client may use this material in any way deemed appropriate. However, the Business Owner reserves the right to display non-confidential creative work for marketing the Business Owner’s services.
7. Errors or Omissions
The Client has the responsibility to proofread and examine all work produced during each project. Therefore, the Client is ultimately responsible for any typographical, spelling, grammatical, copy, photographic, illustrative, layout or other errors or omissions discovered after printing or reproduction, or for any work or services performed by any party selected by the Client. The Business Owner cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
8. Termination of Agreement
This agreement may be terminated on 30 days written notice by either Party.
9. No Exclusivity
The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the contracted project, to engage or contract with third parties for the provision of services similar to the Business Owner's or Client.
10. Capacity / Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the Business Owner is acting as an independent contractor and not as an employee. The Business Owner and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Business Owner. The Business Owner is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Business Owner under this Agreement.
11. Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and holds harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective officers, shareholders, a liates, o cers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
12. Force Majeure
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement (https://www.lawinsider.com/dictionary/agreement) for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority; provided, however, that the party so a ected shall use reasonable commercial e orts to avoid or remove such causes of non performance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to this subject matter and supersedes all prior written and verbal understandings and agreements relating to it. A party does not waive any right under this Agreement by failing to insist on compliance with any of the terms of this Agreement or by failing to exercise any right granted by the Agreement. If any provision of this Agreement shall be held illegal, unenforceable, or in con ict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall not be a ected hereby. The parties agree to replace such illegal, unenforceable, or connecting provision with a new provision that accomplishes the original intent of the parties and has the most nearly similar permissible economic, legal or other effects.
14. Acceptance of Agreement
The above terms and conditions are hereby accepted. The Business Owner are authorized to execute Kajabi services as outlined in the proposal once initial deposit payment has been made by Client.
