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Standard Services Agreement

Services Agreement between Kerry Nesbit, Incorporated, (Kerry Nesbit) and Client (You)

As principal of Kerry Nesbit, Incorporated, Kerry Nesbit will provide you with these professional services:

• Project consultation
  
• Creation of original written drafts, photographs and/or graphic design concepts as agreed upon in the project bid or proposal
• Revision and refinement of Kerry’s work until you are satisfied
• Delivery of finished digital files in original, native formats and industry-standard generic formats

Kerry will not subcontract work on your project to other professional services providers without your prior knowledge and approval.

By-the-Project Work

For work contracted by the project, you agree to pay half the total fee at the start of the project. The balance is due at completion of the work to your satisfaction.

The initial deposit is refundable, in full or in part, subject to terms in the Cancellation section below.

A reasonable number of additional concepts and/or revisions to Kerry’s work are included in the project price.

You, or the contact person you designate, are responsible for consulting as needed with any and all other decision-makers involved in your project before providing direction and/or requesting revisions.

Revisions you request because of changes in specifications, project scope or direction you provide at the outset of the project and/or revisions to your own revisions will be billed in addition to the agreed-on project fee at 50 percent of Kerry’s current applicable retail hourly rate.

The outstanding balance is due immediately upon your final approval of the finished work. Kerry will deliver files only after receiving your final payment.

By-the-Hour and By-the-Day Work

You agree to pay an initial deposit of half the estimated project total for work contracted by the hour or by the day.

Kerry bills only for time spent directly and exclusively on your work.

Ordinarily, Kerry does not bill for telephone calls, email correspondence or other miscellaneous tasks requiring less than 10 minutes to complete.

Monthly Contract Work

For ongoing work contracted by the month, unless you request otherwise, Kerry will make every effort to keep time expenditures within the agreed-on monthly total.

At any time during the month, on request, Kerry will advise you of prepaid hours used to date.

Time used during a billing period in excess of the amount paid for in advance will be billed in the next invoice, in addition to the following month’s deposit, at the applicable hourly rate.

Unused time will be carried over to the following month. You do not lose time you have paid for in advance simply because the billing period ends.

Kerry will maintain accurate records of time spent on individual projects worked on during the month and will supply copies of these records with the monthly invoice. On request, Kerry will provide additional accounting reports as needed to track individual project costs.

Payment

In exchange for Kerry’s services, you agree to pay Kerry, Incorporated, the agreed-upon services fees plus any authorized direct expenses or other charges incurred in U.S. dollars.

You may pay by check, money order, Visa, MasterCard, Discover, American Express or PayPal.

Kerry Nesbit, Incorporated, will cover routine operating expenses incurred in the course of completing your work, such as toll calls, blank disks, postage to deliver finished files, etc., at no additional charge to you. Overnight deliveries will be billed at cost.

You agree to reimburse Kerry Nesbit, Incorporated, at cost for additional, substantial direct expenses specifically associated with your project. Kerry will not make any reimbursable expenditure on your behalf without your prior approval.

Commercial printing services purchased on your behalf are subject to a standard advertising industry mark-up agency cost. Shipping of printed materials will either be included in the purchase price or billed to you at cost.

You agree to pay invoices within ten days of the invoice date.

You agree to pay finance charges on unpaid balances after 30 days from the invoice date at a periodic rate of 1.5% per month/18% per year.

Kerry will make finished deliverable project files accessible online and/or deliver all materials due by mail or other delivery service immediately after receiving your payment.

Other Provisions

Kerry will make every reasonable effort to complete your work promptly and skillfully and to meet any agreed-upon deadlines.

Kerry will not subcontract professional services without your prior knowledge and approval.

Kerry will retain in the strictest absolute confidence any information you disclose and designate as confidential.

You agree to cooperate fully and promptly with Kerry in developing and implementing projects.

You agree you will not unreasonably withhold approval of work performed in accordance with general professional standards.

If the nature and/or scope of the project change after work is underway, we will amend this agreement in writing before work continues. The amendment becomes part of this agreement.

Once work is underway, should you stop or delay progress on a project, Kerry may, at her discretion, bill you for any balance due on work completed to date. You agree to pay the invoice within ten days of the invoice date, and the project will be considered complete under the terms of this agreement.

Resumed work to complete a cancelled or suspended project will be subject to terms of a new agreement.

Intellectual Property Rights

Kerry Nesbit, Incorporated, owns all rights to original images, designs and copy created while work on your project is underway. Upon your final payment of all balances due, you assume ownership of the finished work.

Kerry Nesbit, Incorporated, retains ownership of drafts and design concepts you do not select or that are not part of the final version of your project.

Kerry Nesbit, Incorporated, provides, at no additional charge, images, typefaces and other design elements from collections for which Kerry Nesbit, Incorporated, has purchased the appropriate licenses.

Should you require Kerry Nesbit, Incorporated, to purchase images or other materials owned by third-party suppliers specifically for your project, you agree to reimburse the licensing fees at cost. Unless stated otherwise in the licensing agreement, your use of these materials is not exclusive. Unless you purchase applicable intellectual property rights, ownership of these design elements remains with the third-party supplier and does not transfer to you.

If you supply Kerry with materials subject to intellectual property rights by a third party, you will secure the appropriate rights to use the materials before directing Kerry to incorporate them into your project. Should any intellectual property dispute arise involving materials you provide, you accept full legal and financial responsibility.

You grant Kerry the right to use your finished project as a work sample.

Cancellation

Either of us may cancel this agreement at will by providing written notice.

If either of us cancels the project before work is underway, neither of us is under further obligation to the other.

If you cancel the agreement after work is underway, you agree to pay for work completed to date.

If Kerry cancels the agreement after work is underway, Kerry forfeits service fees for work completed in the current billing period. You agree to reimburse Kerry Nesbit, Incorporated, at cost for any authorized direct expenses incurred in working on your project.

Neither of us will be liable for failure to perform or delay in performing our obligations under this agreement if the failure or delay is caused by circumstances beyond our reasonable control.