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Terms and Conditions
DEFINITION
The Client wishes to be provided with the Services (defined in this invoice) by the Service Provider (Rahim Dhrolia) and the Service Provider agrees to provide the services to the Client on the terms and conditions listed below:
QUOTES AND PROPOSALS
- All quotes and proposals sent by the Service Provider are valid for 30 days from submission date.
- They do not include (unless specifically stated):
- Liaison with other agents such as graphic designers or web developers.
- Meetings outside of the initial creative brief.
- Travel time for onsite meetings.
MEETINGS
- All contractual correspondence will be transmitted through a single point of contact. Both the Client and the Service Provider (Rahim Dhrolia) shall each appoint a person who shall receive all communications and coordinate responses to questions and concerns on behalf of their respective parties, including billing and operational matters. The single point of contact for the Service Provider is Rahim Dhrolia.
- Face-to-Face meetings
- Additional face-to-face meetings can be added to the project at your request.
- Face-to-face meetings will be charged at our hourly rate of $60/hr and will include any necessary travel time and expenses for international travel.
- Meetings must be canceled at least 48 hours before – or the full charge of the meeting will be invoiced and issued to you.
PAYMENT
The Client agrees to pay the Price to the Service Provider as outlined below:
- For website design, a non-refundable retainer of 50% is required prior to project kick-off. The deposit is non-refundable in case of cancellation of the appointment.
- Additionally, any added cost, such as paid themes, plugins, hosting, SSL certificate, and more, will be billed directly to the Client.
- For all other services, the full cost of the service will be paid upfront and is non-refundable. This is because a lot of work, such as research, account setup, ad creation, etc. is done upfront and this allows compensation for the time already spent. This is prevalent in the service industry and is followed to avoid after-sales non-payment recovery.
- Money invested directly to third-party platforms such as Facebook, LinkedIn, and Google, to run ads or to acquire backlinks, will be billed directly to the Client.
- The Client acknowledges that they are responsible for the credit card validity in your ads account. In the event the credit card expires and/or the number changes, the Client is responsible for ensuring the details are updated and payments can be charged to the credit card.
- If an invoice has not been paid on the due date, for whatever reason, the Service Provider reserves the right to suspend performance of all ongoing orders, until full and due payment of all outstanding amounts has been received, including a flat-fee interest of 15% per month incurred for sending the demands for payment, without prior notice of default and without the customer being entitled to compensation.
- In case of late payment of an invoice, all other debts of the customer that are not yet due will become payable immediately by operation of law and without prior notification.
- If written, specific terms and conditions allow the customer to pay outstanding amounts in various installments, customers failing to pay one installment will lose the benefit of spread payments and the full outstanding amount will become payable, including the conventional interest and conventional amounts in damages. The same applies in case of postponement or suspension of payments, in case of bankruptcy, and in case of involvement in any other insolvency proceedings.
- If the Service Provider engages a third-party organization to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.
- Any costs additional to the Services ordered (including couriers, other media, and travel costs) are in addition to the amount quoted and shall be charged to ‘the Client’ as required. These costs will be itemized separately in the invoice.
WEBSITE DESIGN / ORGANIC SOCIAL MEDIA (IF APPLICABLE)
This price includes 2 free revisions upon receipt of the project. Any further changes, rewrites, or revisions including consultation will be charged an additional fee of $60/hr or as negotiated with the Client.
COACHING SERVICES
- You acknowledge that you are responsible for your actions and hereby release Rahim Dhrolia and any of its staff and employees, officers, or affiliates from liability for any of your actions or comments influenced by the information contained in products and services received. You understand you will receive confidential information that may not be shared with anyone outside your family or partnership.
- Payment must be made at or before the first session. The Client can cancel or reschedule with a minimum of 24 hours’ notice. There are no refunds possible.
CHANGES IN SCOPE
Any modifications to the original project brief during the course of execution will render the provided quotation invalid. The Service Provider reserves the right to adjust rates and project schedule should the scope of the job, or amount of work change than originally discussed with the Client. The Client is entitled to a notice, and a negation if needed, before invoicing.
NO GUARANTEE
The client acknowledges and agrees that the Service Provider cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
KILL FEE CLAUSE
- This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with the Kill Fee Clause, until the Completion Date.
- Either Party may terminate this Agreement immediately upon notice in writing if:
- the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
- a voluntary arrangement is approved
- In the event of a cancellation;
- A minimum of 30 days of notice will be given to the Service Provider by the Client.
- Any cancellations within 24 hours of the date will be required to pay 100% of all services.
- The retainer of 50% for web design services is non-refundable in case of cancellation of the appointment.
LIMITATION OF LIABILITY
- The Service Provider endeavors to ensure that our work doesn’t infringe on any copyright or other right of a third party.
- The Service Provider is not liable in any way for any direct, indirect, incidental, special, or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorized access to, or alteration of your transmissions or data, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.
- The Client agrees to indemnify and to hold the Service Provider harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at your request.
- All materials provided by the Client are assumed to be legal and accurate.
- The Client is responsible for checking the factual accuracy of the content for this project.
- The Service Provider works hard to ensure the work is free from errors, but we don’t offer an error-free guarantee. The Client is responsible for final approval.
- The Service Provider takes no responsibility for the material and how it is used once the Client has approved the final draft.
- If the Client wishes to make a claim about incorrect performance or breach of these Terms and Conditions, they must send it, in writing, to the Service Provider within six months of delivery.
- Any imposed liability shall be limited to the resupply of information or Services.
FORCE MAJEURE
The Service Provider shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, power/network outages, lock-outs, equipment failure, COVID or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
CONFIDENTIALITY
- If the Service Provider has signed a separate confidentiality agreement or Non-Disclosure agreement, then that agreement takes precedence. The Service Provider will not disclose any information marked as confidential.
- The Client agrees not to disclose any information about the pricing structure as it’s unique to them.
- The Service Provider reserves the right to use ‘the Client’ projects for his own promotional use unless a Non-Disclosure Agreement precluding this has been signed by the Service Provider.
- The Service Provider may approach ‘the Client’ for a testimonial after the project is completed to their satisfaction.
- The Service Provider reserves the right to refer to this project and to use the Client’s logo and content for promotional or educational purposes.
COPYRIGHT
- The Client gains full copyright and intellectual property rights for any work delivered by the Service Provider once the job is deemed complete.
- Until the final payment is received, the Service Provider retains the intellectual property for all work delivered.
TERMS OF SALE
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. If any part, term, or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
They shall be governed by Canadian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Canadian Courts.