Prepaid Freelance Agreementfor freelancer Alicia Thompson
In this document, Alicia Thompson is referred to as “the Consultant”, the contracting company is referred to as “the Client”, and the provision of prepaid hours will be referred to as “The Work”.
As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with the information and resources we need, and agree to review our work, provide feedback and give approval in a timely manner.
We have the experience and ability to perform the services you need from us (or to have them performed on your behalf) and we will carry them out in a professional and timely manner.
Summary of Work
The work consists of a unit of TEN prepaid hours of work for the Client. Ongoing provision of units (lots of ten hours) can be requested under the initial signing of this agreement. (You don’t have to sign this again to order another unit of hours)
The Client agrees to provide the Consultant with all needed assets, stock photography, copy and content required to complete the project. The Client will provide TEN hours of labour. The Client recognises that a unit of labour does not guarantee a completed project.
TEN hours of labour $450
With suitable circumstances, an initial estimate of time needed to complete the project should be within seven days of payment. The time outlined below is a time limit after which the work can be renegotiated.
The Consultant has set a period of thirty days from the receipt of payment for the Client to utilise the Work. Should the work not be utilised within this time, the hours paid for are considered forfeit. The Consultant does not promise to exclusively work on the Work excluding the possibility of working with other clients during this time.
Commencement of Work
The client agrees to provide a signed copy of this document, as a letter of agreement between the client and the consultant concerning the work outlined in this document. At this point, payment for the work is due, and work will not begin until this payment has been made.
The Client will receive regular time reports while the Consultant is working. The Client will be informed when NINE hours of work has been completed with the option of purchasing another TEN hours of labour. The Client is free to book the consultant for more than ten hours at a time, but time paid for must be a multiple of ten hours, and must not be lower than ten without the prior agreement of the Consultant.
Terms and Conditions Continued
Ability to Sign
The Client agrees that they have the power and ability to enter into this contract on behalf of their company or organization and as such the company agrees to meet all payments regardless of staff or budgetary changes.
Accepted Payment Methods
The Consultant accepts the following methods of payment: cash, direct deposit, cheque, money order and credit card. For methods that require clearance time, work will not be started or continued until payment has cleared into the Consultant’s account.
The Client has a period of thirty days to pay an invoice from the date of issue. Should the thirty days pass without payment, this will be taken as a termination of the agreement from the Client, subject to the action stated in the Termination segment of this document. Should the be in a position that they are unable to make a payment, it is the Client’s responsibility to contact the Consultant to come to an agreement about the next course of action. Delay in payment may result in the delay of the work.
The client understands that the Consultant is not an employee of the Client. The companies that the two parties represent are not affiliated in any way outside of the scope of the work and are not involved in a partnership of any kind. The Client may not, under any circumstances, make decisions, declarations, sign paperwork or make judgments on behalf of the Consultant.
The Consultant makes no promises, guarantees, or agreements that the work will result in increased income for the Client or delivery of anything except what is outlined in the “Deliverables” section of this agreement.
The Consultant does not guarantee that the work will be compatible with all future technologies and does not guarantee that the work will be suitable for the Client in perpetuity and that the work is created with the intention of suitability in the current business and technological climate, which is subject to change.
The Consultant also does not guarantee that the work will be compatible with all past technologies. All web based work is created with the intention of suitability for current technologies, and this includes current internet browsers.
The agreement between the Consultant and the Client is non-exclusive. This means that the Consultant may accept the Client’s competitors as additional Clients at any time. The relationship between the Client and the Consultant does not restrict the Consultant in its choice of clientele in any way, unless otherwise specified in writing by the Consultant.
It is agreed that employees of the Consultant shall not at any time either during the course of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the Client. This includes mockups, prototypes, agreements and rates of pay.
Use of Product by Consultant
The Consultant has the right to use, distribute and reproduce the outcome of the work. The Consultant reserves the right to display and link to completed works as part of their portfolio and to write about the work on web sites, in magazine articles and in books about web design, development, branding or print.
Use of Tools and Materials
The Consultant may use tools, materials and resources obtained from third parties in the making of the project. This extends to but is not limited to templates, themes, patterns, images and code snippets. It is the responsibility of the Consultant to ensure that all third party products used are obtained legally and with appropriate licenses for use. The Consultant may request purchase of third party properties in the course of completing work. The Client may refuse these purchases at any time, but recognises that refusal may result in further hours of work by the Consultant.
Ownership of Project
The Client retains ownership and rights to all content, images and information that they supply to the Consultant. It is the responsibility of the Client to ensure that the media that is provided to the Consultant does not infringe on the copyright of a third party. The Client is also responsible for ensuring that they have a license to reproduce any work by a third part for the purpose of the project. The Client is free to use items created in the process of the Work under the following conditions:
It is agreed that the Client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this document.
The Client also owns text content, photographs and other data they provide, unless someone else owns them.
The Client’s use of the project shall be limited to the usage right outlines below. Use of the project, or any derivative works thereof by the client at any time or location in a way outlined below will require an additional fee, and the Consultant shall be entitled to further compensation equal to five thousand Australian dollars unless otherwise agreed to in writing by both parties. In the event of non-payment, the consultant shall be entitled to pursue all remedies under law and equity.
The Client recognises that all web components of the work are provided under the following terms:
The Client will not license or sell the work to a third party.
The Consultant reserves the right to photograph or make an image of the finished work.
The project may be printed or reproduced for any purpose in a way that promotes the business of the Consultant.
Liability Regarding Project
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
It is agreed that all work and materials provided for the Client will be free and clear of all liens and encumbrances and may be lawfully used by the Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Consultant reserves the right to terminate the agreement at any point without a refund of the monies paid up to the point of termination.
The agreement may be cancelled by the Client with the following repercussions:
The Client forfeits all payments made to date to the Consultant as compensation for work already completed prior to the cancellation of the agreement.
On termination of agreement, all preliminary designs and sketches, including files and documents containing them, will be returned to the Consultant or destroyed.
Any costs associated with the collection of outstanding fees and payments are the responsibility of the clients, including costs associated debt recovery and legal fees.
This agreement is entered into the state of New South Wales, Australia and is guided by and governed by the laws in that state.