VIP Day Terms & Conditions
This VIP Day Contract, hereinafter hereinafter “Contract” is made and entered into by and between, Marielle ("Designer") and individuals who make a booking for a website or brand VIP Day as offered on www.ivyandellestudio.com (“Client”)
Website VIP Day
Branding VIP Day
SCOPE OF WORK
Designer will provide the Client with the following services:
For Branding VIP Days:
90 Minute brand interview session
Font Combo Guide
Branding Training Video
For Website VIP Days:
60 Minute goal setting and strategy session
3 page website on Wix, or Showit
Basic SEO Setup
Website Training Video
Domain Setup and transfer
PROJECT DUE DATE:
Please acknowledge the following due dates:
All preliminary works to be supplied within 24 hours of call.
Finalised works to be supplied within 72 hours of the feedback given on preliminary works.
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:
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
$2000 AUD total for EITHER a branding VIP day, or a website VIP day
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 $2000 as total compensation for the project.
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.
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.
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
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.
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.
Designer may use work in Designer's portfolio. Designer reserves the right to display and link to completed project as part of their portfolio and to publicize the project. Client agrees that when asked, Client must properly identify Designer as the creator of work. Client may not seek to mislead others that work was created by anyone other than the Designer.
Client must inform the designer if the work is to remain confidential after completion of the project, and what time period applies.
LOGO DESIGN RIGHTS
If the project includes the design of a logo, the Designer gives the Client full exclusive rights to use the logo design in any and all media without restrictions of any kind.
Client agrees that Designer will complete work in the Designer's creative style at the Designer's sole discretion.
Revisions not due to the fault of the Designer shall be billed separately. All design elements have a maximum of 1 revision. Additional revisions will be charged at a rate of $80 per hour.
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
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.
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.
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 deposit with a minimum of $500 upon booking shall evidence acceptance of these terms.