This Audit Contract, hereinafter hereinafter “Contract” is made and entered into by and between, Marielle ("Designer") and  individuals who make a booking for a website audit, as offered on www.ivyandellestudio.com (“Client”)

 

PROJECT DESCRIPTION.

Website audit 

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SCOPE OF WORK

Designer will provide the Client with the following services:

60 minute 1:1 call

Audit notes post-call

Recording of 1:1 session

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PROJECT DUE DATE:

Please acknowledge the following due dates:

All items to be supplied within 48 hours of call.

 

DELIVERABLES

60 minute 1:1 call

Audit notes post-call

Recording of 1:1 session

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DELIVERY METHOD

Wetransfer

Zoom Teleconferencing

Vimeo Video Training

 

SINGLE POINT OF CONTACT

Queries will be answered during the scheduled call. Correspondance will cease after deliverables are sent unless a subsequent session is booked or service is commenced.

 

PROJECT REQUIRES THE FOLLOWING ASSETS, PROVIDED BY THE CLIENT:

Check the box accepting these terms upon booking

Full payment

Provide the URL of the website to be audited

Express any specific concerns about the website in the initial booking form.

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ASSET DELIVERY NOTES

The Client should be aware that failure to submit required information. assets, or materials may cause subsequent delays in the delivery of finished work.

 

BUDGET + PAYMENT COMPENSATION

$250 AUD total

 

PAYMENT SCHEDULE

Client shall pay Designer $80 per hour due on or before the first Friday following the end of any week in which Designer performs services for Client OR Client shall pay Designer a fixed fee of $250 as total compensation for the project.

 

PAYMENT NOTES

Should the Client change the scope of this project, Designer reserves the right to adjust its billing accordingly with written approval from the Client. The grant of any license or right of copyright is conditioned on receipt of full payment.

 

BILLABLE TIME

All time spent performing Scope of Work and communicating with the Client is billable.

Brand and website projects will include scheduled calls and forms that give multiple opportunities to ask questions and provide feedback. Phone calls, responding to email enquiries, and additional revisions outside of the scope of work will incur charges of $80 per hour. Work outside of scope is time tracked and billable. 

 

 

EXPENSES

Unless otherwise stated, this service does not include:

• Printing or shipping

• Travel and related costs

• Website hosting and other online service provider subscriptions such as apps, plugins or course platforms needed to complete scope of work.
 

 

TERMS + CONDITIONS

 

ORIGINAL WORK

The Designer promises that, except for anything provided by the Client to incorporate into the design(s): (a) work will be original and will not be copied in whole or in part from any other work; (b) Designer has secured rights to any third-party content incorporated into the final design(s); and (c) work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity.

 

PRELIMINARY WORKS AND PROPOSAL

Designer retains all rights in and to all preliminary sketches or proposed works. All rights in and to any preliminary works shall remain the exclusive property of Designer.

 

OUTSIDE PARTY FEEDBACK

In the interests of avoiding confusion, the client will refrain from seeking feedback for designs in public facebook groups, or other large social media groups. If further guidance is sought on options, the client will seek feedback from business partners or other close individuals.

 

CONFIDENTIALITY

The Designer will hold and maintain in strict confidence any confidential information the Client provides (such as proprietary, technical, or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.

 

CREDIT LINE

Client must inform the designer if the work is to remain confidential after completion of the project, and what time period applies.

 

INDEMNIFICATION

In the event that any content provided to Designer infringes on the rights of another party, Designer shall not be held liable for any claims and/or damages as a result of said infringement. Client agrees to indemnify, defend, and hold Designer harmless against any claims brought against you based upon allegations brought against the Client regarding (a) infringed intellectual property rights or (b) breached your contract (if any) with any customer purchasing or licensing goods or services.  

 

SCOPE OF WORK CHANGES

The Client must assume their requests, additions, alterations, changes in content, layout, process, and Scope of Work, will alter the timeline and cost of the project. If there are any changes in the requirements of this project, Designer reserves the right to adjust invoicing accordingly

 

COPYRIGHT NOTICE

The Client acknowledges that they possess all rights to the content provided to Designer, including but not limited to photography and copy writing and that none of this content infringes on the copyright of others.

 

CANCELLATION

If the Designer has refused to accept further commissions from third parties, for the period in which the Designer has allotted to producing the work, the Designer retains the right to claim against the Client in respect of those losses. Such claim for losses shall not exceed 100% of the total project fee. Designer reserves the right to invoice any and all services rendered after a ten (10) business day waiting period should the project be stalled for any reason. If an invoice is not paid within the terms, Client agrees to pay a penalty of $100 per 30 days on the outstanding balance. Should a dispute arise, the Client agrees to pay all attorney fees including but not limited to collection costs.

 

FORCE MAJEURE EVENT

The Designer and Client shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, government mandated COVID-19 quarantine outside of the home, ie hotel or hospital quarantine, incapacitation of Designer due to contraction of COVID-19,  government orders or any other force majeure event.

 

GOVERNING LAW

This contract shall be governed in all respects by the laws of the State of QLD in BRISBANE. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in QLD, as applicable, for any matter arising out of or relating to this contract, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in BRISBANE, such personal jurisdiction shall be nonexclusive.

 

INDEPENDENT CONTRACTOR RELATIONSHIP

Designer’s relationship with Client will be that of an independent contractor, and nothing in this contract is intended to, or should be construed to, create a partnership, agency, joint venture, work-for-hire, or employment relationship. Designer may perform the services required by this contract at any place or location and at such times as Designer shall determine.  

 

ACCEPTANCE OF TERMS

The payment of $250 upon booking shall evidence acceptance of these terms.