Terms and Conditions
This agreement is established between the party accepting this agreement, hereinafter referred to as “the Client,” and Next Level DFY, henceforth known as “the Consultant.”
TERMS
Next Level DFY retains the unilateral right to amend or revise these Terms and Conditions at any given time without prior notification. Subsequent payments made by the Client post any such revisions will be deemed as an explicit acknowledgment and acceptance by the Client of the amended or revised Terms and Conditions.
1. SITE MAP APPROVAL
The website’s site map will serve as the blueprint and is subject to change at the Consultant’s discretion as provided by the Client in the Detailed Web Service Questionnaire. Client approval is deemed given unless the Client provides specific objections in writing within two business days after receiving the site map as provided via the business website URL.
2. ART APPROVAL
Artwork created by the Consultant as well as the artwork provided by the Client in the Detailed Web Service Questionnaire is deemed automatically approved unless the Client provides specific feedback or requests changes in writing within two business days after receiving the artwork via the business website URL.
3. CLIENT LIAISON
The Client is responsible for providing all necessary information and materials promptly. Client delays in providing these materials may result in significant delays in delivery of finished work.
4. PROJECT SETUP COMPLETION
The project setup will commence within 24 hours of the receipt of the Client’s payment. The full scope of the project setup, as outlined in the specifications, will be completed within five business days after the project setup begins. The Consultant will notify the Client immediately upon completion of the project setup.
5. REVISIONS
The Client is entitled to up to four hours of revisions included in the contracted price. Additional revisions will be charged at a rate of $100.00 per hour. Revision requests must be included in the Revision Request Form within five business days of project setup completion. Late submissions will incur a fee of $100.00 per day.
6. CONTENT APPROVAL PROCESS
The Client, or a designated Client Liaison, agrees to review and approve regular content (as applicable) in a timely manner, according to a schedule mutually established by the Client and the Consultant. This approval process is crucial for maintaining the project timeline and ensuring the smooth execution of content-related tasks. The Client acknowledges that any delays in providing these approvals may lead to postponements in the posting or utilization of the content. It is the responsibility of the Client to provide feedback, revisions, or approval within the agreed time frames. Failure to do so may result in delays that are beyond the Consultant’s control, and the Consultant shall not be held responsible for any consequences arising from such delays in content posting or implementation.
7. RESERVATION OF RIGHTS
All materials produced and intellectual property rights resulting from the project shall perpetually remain the exclusive property of the Consultant. The Client is granted a limited, non-exclusive, revocable license to use the project materials solely for their internal business operations. This license is contingent upon compliance with the terms of this agreement and does not confer any rights of ownership. The Consultant retains the full right to display, reproduce, and use any and all work created in connection with this project for professional portfolios, as samples for marketing and promotional activities, and for other purposes that serve to promote the Consultant’s business. This right extends to all forms of media
8. PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold the Consultant harmless against any and all claims, costs, and expenses, including legal fees, which may arise from the use of materials provided by the Client or materials that the Client has instructed to be included in the project. This indemnification includes any claims related to copyright, trademark, or other intellectual property rights infringement. Furthermore, given the Consultant’s perpetual and exclusive ownership of all materials produced and intellectual property rights arising from the project, the Client acknowledges that any such claims do not affect the Consultant’s rights to use the project materials for professional portfolios, marketing, promotional activities, or any other purposes that serve to promote the Consultant’s business,
9. TERMINATION
Either party may terminate this Agreement with 30 days written notice. If the Client terminates, they are responsible for payment of work completed at the time of termination at a rate of $100.00 per hour and any expenses incurred by the Consultant. The Consultant retains rights to the work.
10. PAYMENT
Payments are due as per the terms stated in this Agreement. Late payments will incur interest at the rate of prime + 15% compounded monthly.
11. TAX LIABILITY
The Client is responsible for all taxes related to the project.
12. ASSIGNMENT
This Agreement cannot be assigned without written consent from the Consultant.
13. ENTIRE AGREEMENT AND MODIFICATION
This Agreement constitutes the entire agreement between the parties. Any modifications must be in writing and signed by both parties.
14. NO WAIVER
Failure to enforce any provision of this Agreement does not constitute a waiver of that provision.
15. ENFORCEABILITY
If any provision is unenforceable, it does not affect the enforceability of the remaining provisions.
16. APPLICABLE LAW
This Agreement is governed by the laws of the jurisdiction where the Consultant’s office is located.