Service Agreement

Quotation

The scope of work described in the quotation shall be considered as a whole in consideration of the price quoted. Any alteration of the scope of work or the price without the consent of both NuEranet Consulting and/or nueranet and the client shall constitute a cancellation of this agreement.

A quotation not accepted within thirty (30) days is subject to review. All expense estimates are based on trade and material costs at the time of quotation, and may change to reflect prices at the time of purchase.

Execution Of Work

NuEranet Consulting and/or nueranet agrees to execute this project with the due diligence of a skilled professional in the web development/designer profession. Every effort will be made by NuEranet Consulting and/or nueranet to adhere to the production schedule, to fulfill the demands of the project, and to meet the client’s needs.

The client will not directly supervise NuEranet Consulting and/or nueranet or any of its representatives in the execution of the work, but may exercise broad supervisory powers in the form of suggesting direction or revisions.

NuEranet Consulting and/or nueranet will make every effort to work with the client, and to bring the project to a satisfactory conclusion. If, however, in the opinion of the designer, the client makes excessive or open-ended changes, or changes which do not lead towards the conclusion of the project, NuEranet Consulting and/or nueranet may bill for such changes at current rates.

Concept drawings or proofs will be transmitted electronically to the client. Finished artwork will be supplied electronically, in a format compatible with the expected end use.

All communication carried out between the client and NuEranet Consulting and/or nueranet will be in written form, and may be delivered by Post, Courier, Email, Fax, or other means necessary. All instructions given to NuEranet Consulting and/or nueranet by telephone or voice should be followed up in writing, as this gives us a reference to follow.

The client agrees to answer in a timely and accurate manner, any questions NuEranet Consulting and/or nueranet may ask regarding marketing, competition, current advertising, printing, or any other information NuEranet Consulting and/or nueranet may require to complete the project.

Confidentiality

All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent to do otherwise has been granted by both parties involved.

Copy Supplied By Client

The client shall supply all copy, photographs, graphics, logos, and other material to be included in the project unless otherwise specified.

All copy, photographs, graphics, logos and all other material supplied by the client for inclusion in the project shall be of sufficient quality and resolution to fit the end use of the project. NuEranet Consulting and/or nueranet shall, on written direction by the client, execute such upgrading or improvements as are necessary to fit the end use of the project, and bill for time spent at current rates.

Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs substantially from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.

Author’s Alterations (AAs)

Author’s Alterations represent work performed at the client’s request to material supplied by them in addition to the original specifications. Such additional work shall be billed at the current rates and be supported with documentation upon request. No additional payment shall be made for changes or corrections to work performed by NuEranet Consulting and/or nueranet in order to conform to the original project description.

Preparatory Materials

Preparatory work performed at the client’s request, such as sketches, drawings, composition, disks, plates, presswork, and materials will be charged at current rates and may not be used without the consent of NuEranet Consulting and/or nueranet. Artwork, type, negatives, positives, plates, disks, and other items when supplied shall remain the exclusive property of NuEranet Consulting and/or nueranet unless otherwise agreed in writing.

Photography

Photography performed for a fee by NuEranet Consulting and/or nueranet either as a part of the project or at the request of the client, constitutes an exclusive use license for photographs used in this project. All negatives, prints, and unused photographs whether print or electronic, shall remain the property of NuEranet Consulting and/or nueranet and shall be returned at the conclusion of the project.

Proof Reading

The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling, grammatical or other errors contained in the final product. The designer will not be responsible or held liable for any errors contained in the final product after the such product has been committed to print or posted in view of the public.

A Proof Form will be supplied with the proof and must be signed by the client. If revised proofs are desired, request must be made in writing when proofs are returned. A reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.

NuEranet Consulting and/or nueranet cannot be held responsible for errors under either or both of the following conditions: if the customer has failed to return proofs with indication of changes, or if the customer has instructed NuEranet Consulting and/or nueranet to proceed without the submission of proofs.

Ownership of Artwork

Until full payment has been made, NuEranet Consulting and/or nueranet retains the intellectual and physical ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. All other proposals, conceptual designs, sketches, prints, or disks remain the intellectual and physical property of NuEranet Consulting and/or nueranet. They will be returned or deleted at the end of the project, and may not be used without compensation to NuEranet Consulting and/or nueranet.

Both parties will ensure that they have permission or license to use any elements supplied by them for the specific use in this project. NuEranet Consulting and/or nueranet will not be liable for any charges, fines, or penalties accrued for copyright violations or illegal use of elements supplied by the client.

NuEranet Consulting and/or nueranet retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and marketing materials. Where applicable the client will be given any necessary credit for use of the project elements.

Overruns Or Under-runs

Where NuEranet Consulting and/or nueranet overruns or underruns not to exceed 10% of quantity ordered shall constitute acceptable delivery. NuEranet Consulting and/or nueranet will bill for actual quantity delivered within this tolerance. If the client requires guaranteed “no less than” delivery, percentage tolerance of overage must be doubled.

Expenses & Rush Work

The client shall reimburse NuEranet Consulting and/or nueranet for all expenses arising from this assignment. Payment in advance is required at a rate of 50% of the cost of the quoted project. There is a 15% extra charge for rush work (rush to be determined at time of quote) and a 50% extra charge for rush work resulting in work being performed on weekends or holidays. NuEranet Consulting and/or nueranet must be instructed in writing to proceed with such work.

Production Schedules

A production schedule will be established and adhered to by the client and NuEranet Consulting and/or nueranet. Neither party shall incur any liability or penalty for delays due to: state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority, acts of God, or other causes beyond the control of the client or NuEranet Consulting and/or nueranet. In the case of delays caused by uncontrollable circumstance, the final delivery date will be adjusted by the amount of the delay. In the case where the client does not adhere to the schedule, final delivery date(s) will be subject to re-negotiation.

Payment Terms

Design and development are commodities of time and expertise unlike manufactured product. Customers are appropriately billed for the time and expertise of our graphic designers, developers, art/creative directors and project managers. In accordance with industry standards, NuEranet Consulting and/or nueranet charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance.

NuEranet Consulting and/or nueranet does not engage in speculative work. We can provide an extensive examples of our work, making it easy for potential clients to judge whether the style and quality of design offered by NuEranet Consulting and/or nueranet is the right fit for their organization. (if you do not understand what spec work is please refer to www.no-spec.com for more information.)

All quotations are estimates only, unless otherwise negotiated and noted in writing on the actual quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

This document must be executed and returned with a down payment equal to 50% of the quotation for all new projects. Plus 100% of estimated expenses if over $50.00 (such as software, hosting, registrations, etc.).

Projects lasting over 1 month will be billed every 30 days for work completed. Extra work performed at the client’s request, or adjustments to the contract amount, will be billed with the next invoice.
Claims for defects, damages, or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

Preferred and trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle, allowing clients to forego any subsequent deposit requirements. Clients on monthly billing will be invoiced on or around the 1st of each month.

Deposits and payments may be made in a number of ways:

• Credit Card (via PayPal)
• Bank or Wire Transfer
• Money Order or Bank Draft
• Interac Email Money Transfer (via Canadian Chartered Banks)

All invoices are payable upon receipt. Payments not received after fifteen days will incur a penalty of 2.5%. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.

New websites will go live to the public once full payment has been received.

Third Party Work

All shipping costs will be borne by the client. In the event that any material necessary for the production of the client’s order must be shipped to a third party for additional processing, typesetting, custom coding, photographic work, color separation, press work, or binding, NuEranet Consulting and/or nueranet will incur no liability due to the delay or loss by the shipper, or by the third party.

Rejection/Cancellation Of Project

The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, NuEranet Consulting and/or nueranet must be promptly notified, allowing for the necessary corrections.

Rejection of the completed project, or cancellation by the client during its execution will result in the loss of the deposit, and billing by NuEranet Consulting and/or nueranet for all additional labour and expenses to date. In no case shall the cancellation fee exceed the full price of the project at the time of cancellation.

Ownership of all copyrights and the original artwork and disks shall be retained by NuEranet Consulting and/or nueranet. All artwork and disks shall be returned to NuEranet Consulting and/or nueranet forthwith, and any material copyrighted by NuEranet Consulting and/or nueranet shall be erased from all hard drives, disks, or storage media in the possession of the client. No concept, design, photograph, graphic, or any other material supplied by NuEranet Consulting and/or nueranet in relation to the project, whether finished or unfinished, shall be used or shown for any purpose, unless permission in writing is given by NuEranet Consulting and/or nueranet.

Disclaimer Of Warranties

NuEranet Consulting and/or nueranet hereby disclaims any and all implied warranties of merchant-ability and/or warranties of fitness for particular purpose. In no event shall NuEranet Consulting and/or nueranet be liable for consequential and/or incidental damages incurred by any person and/or entities.

Indemnity Agreement

The client further agrees to indemnify and hold harmless NuEranet Consulting and/or nueranet - advertising, marketing, design for claims of any nature whatsoever pertaining to the services and goods provided. This includes the loss of customer furnished proofs and materials, missing projected deadlines set for the completion of work, and loss of any information stored in NuEranet Consulting and/or nueranet computers. Additionally, this Indemnity Agreement includes claims relating to any software or other copyrighted materials furnished by the client and from any and all copyright claims and/or misappropriations of trade secrets and/or any claim of theft of proprietary information.

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