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Parties and Assignment. Please read this agreement carefully. This agreement (the “Agreement”) is made and entered into as of now (the “Effective Date”) by and between you (hereafter referred to as “Client”) and Digihaven Technology & Design (hereafter referred to as “Digihaven”). The contract is in regards to professional web and graphic design services to be performed (hereafter referred to as “Work”).
In consideration of the mutual covenants made herein, the parties agree as follows:
Confidentiality: Unless requested in writing by Client, Digihaven can use materials designed for Client, and final products, on Digihaven’s website(s) to illustrate Digihaven’s ability for portfolio purposes. Unless requested in writing by Client, Digihaven can incorporate a link to Digihaven’s website(s) into the footer of a web presence for Client as credit for the Work.
Compensation. Client agrees to pay Digihaven the prices located on our website (plus applicable taxes) via cash, cheque or Paypal. If the parameters of the Work change, or if it involves more time than estimated, Digihaven will inform Client and they can renegotiate the rate. Digihaven will bill for one third of the total estimated cost before Digihaven begins the Work as a down payment, and bill for the rest of acquired costs upon completion. Digihaven will submit the final invoice for the Work upon receiving approval from Client. If Digihaven has not received any comments or revisions within 7 days of submitting a completed draft, Digihaven will send the invoice via e-mail or mail. Incidental expenses such as long distance phone calls, postage, courier service, are to be paid by the Client unless noted in estimate. The Client will not treat Digihaven as an employee for any purpose. The client is allowed a maximum of 3 (three) revisions which must be sent in via email. The total revisions must not change more than 10% of the first original version of the Work. It is the sole and absolute discretion of Digihaven to determine the percentage of change and quality of work. 1 (one) month after the first version, Digihaven can call the revision(s) final and no more revisions will be made, even if revisions are still in progress. Anything added that is outside of the first version, is not considered part of the original estimate by Digihaven, and will be billed at Digihaven's regular hourly rate. The quality of the work may not be brought into question, as it is hard for some clients to transfer their ideas.
Payment and Collection. Unless otherwise specified in writing, invoices not paid within 30 days of the invoice date will accrue a late payment charge of 3.9% compounded monthly, will null and void all discounts including but not limited to coupons, nonprofit discount and bulk rates. Client agrees to pay for payment that returned for insufficient funds, chargebacks or any other reason $60 per occurrence or 10% of the value of each returned item, whichever is greater. Client agrees to pay all reasonable legal fees (at least 15% of all amounts due, including interest) if any account is sent for collection.
Client Approval. Client is responsible for written approval of work ordered via submission of this contract before Digihaven proceeds with project. Upon acceptance of the Work, Client accepts responsibility for any further processes in which the Work is used (i.e., film output, printing, etc.) Digihaven is not responsible for errors occurring in the Work or projects related to the Work after acceptance of the Work by the Client.
Changes. Work times (start, completion, etc.) may vary due to other Work volume. No Work times (start, completion, etc.) may be imposed on Digihaven. Any verbal or written changes made by Client to the scope of the Work following its initiation by Digihaven are subject to additional charges. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts responsibility for payment of the completed work and all services related to it, in addition to charges for the change itself.
Cancellation. Both parties understand that Client or Digihaven may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done toward the completion of the project based on the percentage of project completed. Should Client cancel the project following its completion, Client is responsible for full payment as per the above estimate plus all other expenses incurred.
THE WORK AND ALL OTHER SERVICES FROM DIGIHAVEN ARE PROVIDED BY DIGIHAVEN "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL DIGIHAVEN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS AND ALL OTHER SERVICES FROM DIGIHAVEN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
I, the Client assert that I have the authority to promise payment for the services rendered by Digihaven Technology & Design for the aforementioned Work within 30 days of dated invoice. I assert that I have read, understood and agree to the Digihaven Service Agreement.
Clicking I accept means that you agree to the Digihaven Service Agreement. You also agree to receive email from Digihaven with service updates, special offers, and survey invitations. You can unsubscribe at any time.