I am grateful beyond measure you are reading this page. You have an important role in the success in my business, as I have in yours. Together we make a great team.
To maintain the best possible working relationship, communication is vital. I need to know that you understand my policies and terms. Please read the following; contact me if you have questions, would like more clarification and/or feel it necessary to adjust this agreement to accommodate your needs in regards to the services I offer. Again, thank you.
General Terms of Service
Work For Hire Agreement
CK Kochis, LLC
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and Cynthia Kochis, owner of C.K. Kochis, LLC, who will be providing the services shall be referred to as Service Provider.
Description Of Services:
A list of services will be provided via email. Additional requests, alterations, updates, subtractions for services shall be emailed with appropriate notification prior to scheduled deadlines.
Service Provider will complete projects in a professional and timely manner.
Service Provider will provide details list of services and date of completion per request.
Relationship Of Parties:
It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider.
Hours of Operation & Communication:
Service Provider is generally available Monday – Friday 9 am to 3 pm EST. Evening and Saturday hours may be available per request.
Office closed on Sunday and nationally (United States) recognized holidays.
Email is the main source of communication between Client and Service Provider. Service Provider is available for phone and video calls, and email correspondence only during office hours. Time of both parties must be respected, and time spent communicating will be billed to Client. Video meetings must be pre-scheduled no less than twenty-four (24) hours prior. Cancellation requires a minimum of twenty-four (24) hours advance notice. Missed meetings or cancellations within twenty-four (24) hours of appointment will be billed $30 to Client.
Each new or special project requires minimum of three (3) days lead time. Client will provide sufficient notice and allow for reasonable time frames for project completions.
Client is entitled to one thirty (30) minute phone call, or online video meeting, to be considered a Discovery or Get Acquainted call. Additional time will be invoiced at standard hourly rate or previously negotiated rate.
Email communications shall be sent to firstname.lastname@example.org. Client will email clear instructions and task requests to maintain an electronic “paper trail”.
Payment For Services & Fees:
Client will pay compensation to Service Provider for the services at the agreed hourly rate or project amount. This compensation shall be payable and due upon receipt of invoice.
Invoices are emailed each Friday to Clients with ongoing services provided.
Statements for outstanding balances will be emailed on the last workday of the month.
Service Provider reserves the right to refuse any project or service request.
Retainer: New Clients will pre-pay half of the estimated value of services to be performed or $100 (which ever is deemed appropriate by Service Provider) prior to the start of task. Once payment history is established, Service Provider will determine if Clients pre-pays retainer on future projects.
Project Rates: Client will pay compensation to Service Provider for the project total, and/or services based on final proposal and/or service agreement. Client agrees to pay, upon receipt, the full invoice voice value for the services provided. Billable hours include: time taken to complete task, written communication (such as email, direct messages, and text correspondence), video and phone communications, and informational videos created to assist or inform Client.
Rate per hour: Client will pay compensation to Service Provider for the project total, and/or services at the standard hourly rate, or hourly rate agreed upon by both parties. Client agrees to pay, upon receipt, the full invoice value for the services provided. Billable hours include: time taken to complete task, written communication (such as email, direct messages, and text correspondence), video and phone communications, and informational videos created to assist or inform Client.
Expedited Rates: $1200.00 per hour for services client requires to a 24-hour turnaround regardless of Client rate per hour.
Late payment: Payment not received within fifteen (15) days of invoice date will be considered late. Service Provider will and has the right to suspend project, refuse completion or delivery of work on any and all services until past due balances are paid in full.
Suspension of Services: Service Provider has the right to suspend services on Client’s project(s) in the event of: 1) two or more open invoices, 2) open invoice balance exceeds $500, 3) open invoice balance is fifteen (15) days past due.
Balance Due Late Fee: A $15 late fee will be applied to the balance due each month it is unpaid.
NSF Fees: There is a $40 NSF (insufficient funds) fee for declined or returned payments.
Delay Fees: Clients who consistently fail to respond to questions in a timely manner, do not supply needed information, or otherwise impair efficient workflows, increase administrative time, and prevent Service Provider from working to optimum standards and serving other clients in a fair and equal manner. Service Provider reserves the right to impose late fees and/or increase hourly rates of Clients who fall into this category.
Materials & Information:
Client will provide all content, outlines, photos, product images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful, and complete information necessary for Service Provider to perform or complete the contracted services or project.
Accuracy of Information:
Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.
Either party may terminate this agreement upon fourteen (14) days written notice to the other party. Provided, however, that each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon Termination, Service Provider will invoice Client for any payment due, and payment will be due immediately upon receipt.
Non-Disclosure And Non-Solicitation:
Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets without written permission from Client.
Website Development & Maintenance Services:
Client is solely responsible for securing web site domain and hosting, and all costs associated with it. Service Provider is not liable nor responsible for any fees associated with web hosting, domain name, plug-ins and additional operational/maintenance fees.
Client provides uninterrupted access to website “dashboard” to Service Provider for as long as contract maintains in affect.
Expenses incurred on behalf of Client are NOT included in any fees and will be billed to Client. Reimbursable expenses may include, but not limited to: graphics/images, office supplies, mileage, payments made to vendors, and shipping and handling costs. On-site visits will be billed for meeting time, round trip travel time, and mileage. Payment is due upon receipt.
Indemnification / Release of Liability:
Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and / or nonperformance of Service Provider’s duties here under and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, not for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
Service Provider will not be liable for loss, damage or delay of Client’s project due to circumstances beyond her control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify Client immediately.
Service Provider is not liable or responsible for content, photographs, graphics and other copyrighted material provided by Client. Client guarantees ownership of content, photographs and graphics copyright material.
Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Service Provider will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
Service Provider will keep Client’s records (billing, passwords, company information) confidential to the best of the Service Provider’s ability.
All billing (including invoices, statements, and estimates), reports are provided as a convenience to Client at the discretion of Service Provider.
The terms and conditions of this Agreement may be modified or amended at any time without notice.
Last revision July 5, 2022
Previous revision January 28, 2020