VIP Day Contract
Gold Standard Design, known as “Designer” and you, known as “Client” collectively entering this Agreement will be referred to as the “Parties.”
Purpose of the Agreement
Client wishes to hire Designer to provide services relating to the Services outlined in this Agreement and to be determined in writing between Client and Designer. Designer has agreed to provide such services according to the terms of this Agreement.
Terms
Services
Designer shall provide Client with any or all of the following services and/or products (“Services”). These services may be amended by either Client or Designer in writing via proper Notice:
Adding new content
Reorganizing and/or editing current content
Adding new features
SEO audit & fixing crucial pages
Refreshing the website (new fonts, colors, installing a new logo, etc.)
Connecting third party tools such as a scheduler, email marketing forms, CRM forms, etc.
Any graphics or images that were created or edited specifically for Client
Kickoff and Handover meetings at the beginning and end of VIP Day period
7 days of email support post VIP Day
Cost, Fees and Payment
The total cost (“Total Cost”) for all Services is $1500.00 due in full before the chosen date of the VIP Day (date to be chosen by Client after completing contract.)
Intellectual Property
Copyright Ownership
In the event that any copyrighted work(s) are created as a result of the Services provided by Designer in accordance with this Agreement, Designer owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Designer and may be used in the reasonable course of Designer’s business.
Permitted Uses of Product(s)
Designer grants to Client a non-exclusive license of product(s) produced with and for Client for personal and/or business use.
Artistic Release
Client has spent a satisfactory amount of time reviewing Designer’s work and has a reasonable expectation that Designer will perform the Services in a similar manner and quality unless otherwise specified in this Agreement.
Consistency
Designer will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and Designer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client is different, with different tastes, budgets, and needs;
Design services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique;
Designer will use its artistic judgment when providing Services for Client, but will allow a pre-determined time period for Client to request revisions before Services are complete.
Limit of Liability
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.
Loss of Product
In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Designer shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification
Client agrees to indemnify, defend and hold harmless Designer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Designer provides to Client.
Changes
Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of Services on a time and materials basis, at Designer’s standard hourly rate of $75 per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadline as required by such Changes.
Impossibility
Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonable practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 10 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
Failure to Perform Services
In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Attempt to find another competent professional tot take its place with the mutual agreement of Client(s);
If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonable accurate percentage of services rendered; and
Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct / Safe Working Environment
Project
The Client(s) expressly agree(s) to take best efforts to provide Designer and Designer’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Designer or a bystander to present a threat or implied threat of injury or harm to Designer staff or equipment, the Designer reserves the right to cancel all services remaining under this Agreement and discontinue the project. At the Designer’s discretion, the Designer may enact a three-strike policy. After the first offense, the Designer will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 1 day), Designer shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person/object for the remainder of the project. If the behavior occurs a third time, the Designer will immediately discontinue the project. If the Designer discontinues the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Designer harmless as a result of incomplete project coverage, or for a lapse in the quality of the Designer’s work, and the Client(s) shall be responsible for payment in full.
Non Project
The Client(s) expressly agree(s) to take best efforts to provide Designer and Designer’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Designer staff, Designer will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Designer shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Designer harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Designer’s work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Designer resumes work detailed in this Agreement.
Health & Safety
Client(s) further understand that Designer complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the project Client(s) and Client(s)’ agents shall not be exposed to severe illness, or request the Designer to do anything illegal or unsafe. Further, Designer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Designer reserves the right to end service coverage immediately and/or leave the location/project. Designer shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Designer harmless as a result of incomplete project coverage, or for a lapse in the quality of the Designer’s work.
General Provisions
The laws of Alaska govern all matters arising out of or relating to this Agreement, including torts.
Severability
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice
Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Designer’s Email: hello@goldstandardak.com
Client Email: (provided at time of purchase/booking)
Merger
This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment
The parties may amend this Agreement only by the parties’ written consent via proper Notice.