OUR POLICY

 

 

           

 

             

 

         INDEPENDENT CONTRACTOR'S AGREEMENT

 

 

When you start a project with us you are agreeing to the below terms, and understand that you are a "Client" (working on a "work-for-hire" basis) of The Independent Journal Magazine hereinafter referred to as The Indie Journ.com to do certain work outlined in a set project's agenda. The Indie Journ areas of services/projects "editing",  “interview” "design", "writing" or "model" "host event" and "photography" have their own agenda (of which you Client must choose an area of service to perform).

 

The following sets forth the agreement between these parties and binds them.

 

 

1. Scope of Work

 

(Client) will do the following for The Indie Journ.com: Produce all “project deliverables” as laid out in the (Client) proposal or agenda provided to the (Client) at start of project date. The Indie Journ.com may regect, or decline for, work that The Indie Journ.com reasonably deems to be beyond this scope. The final deadline for completing the above work must be provided in (Hiring Party's) proposal.

 

 

1.2. Projects and Completion

 

If (Client) requests to pull out of project prior to completion for any reason other than provable negligence The Indie Journ.com is hereby not liable for any parts, actions, functions, or mal-functions that may arise, concerning project, additionally The Indie Journ.com assumes no responsibility for any dealings with (Client) there after unless eligible to enter into a new work-for-hire agreement. Upon completion of work The Indie Journ.com is relieved of any revisions to such project and will provide maintenance information via email. If either party closes a project it must be under the terms of this agreement and all unsubmitted works or unpaid fees or monies are immediately due accordingly.

 

Upon completion of work, The Indie Journ.com will acknowledge invoices sent at the completion of project,  if work presented by (Client) is acceptable according to specifications within project agenda. A non-acceptance or denial may occur when specified work is not received as agreed by (Client) including submissions that surpass project deliverable date. (Client) must submit editorial, interview, design, written, or photography, projects via e-mail.  Documents will not be accepted, with the exception to receiving and exchanging contracts, receipts, or invoices. 

 

1.3. Ownership of the Work

 

All work produced or developed under this agreement is “work made for hire” to the extent applicable. (Client) assigns to The Indie Journ.com all right, title and interest in this work, including all trademark rights, and, to the extent any work does not qualify as a “work made for hire,” copyrights. This assignment is conditioned on The Indie Journ.com receiving acceptable completed work from (Client) who then may retain the right to use this work for self-promotion and self-marketing, such as in an online portfolio. If project has been terminated please refer to 'Termination' and 'Projects and Completion' sections for guidance.

 

2. Payment

 

The Indie Journ.com will pay (Client) a fixed fee of the amount (as stated in the proposal) which includes a per monthly, or per weekly project rate. Up to at least 2 limited rounds of free revisions and editing, provided that such revisions do not require work exceeding the scope of work as editor, and has not been deemed unuseful by The Indie Journ.com. Of (Client’s) fee a non-refundable deduction at 2% per month, week, (according to scope of project) or the legally daily allowable maximum if this amount exceeds it may be assessed, due  immediately if project is in suspension and has not been completed for 1 (one) week or more, to breaching project or proposal agreement. (Client) will be solely responsible for (Client’s) expenses in connection with this agreement. (Client) may invoice The Indie Journ.com for amount due to collect payment. However payment will be disbursed depending on acceptance of submissions and are paid within 7 days of the invoice date.  

 

3. Confidential Information

 

Any information supplied by one party to the other marked as “Confidential” must be used only for the purposes of this agreement and must not be disclosed to other parties without the discloser’s written consent. This does not apply to information that is publicly available or that the recipient already properly knew, developed, or received independently. When the agreement terminates, each party must return to the other any materials containing confidential information. Confidentiality obligations survive termination of this agreement.

 

4. Independent Contractor Relationship

 

(Client) is an independent contractor, not an employee or partner of The Indie Journ.com.

(Client) is solely responsible for all taxes, withholdings, insurance and any other obligations that may apply to an independent contractor.

 

 

LIMITED WARRANTY

 

(CLIENT) AND THE INDIE JOURN.COM WARRANTS THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS (CLIENT) AND THE INDIE JOURN.COM FROM ENTERING INTO THIS AGREEMENT, AND THAT TO (CLIENT) AND THE INDIE JOURN.COM’S KNOWLEDGE, WORK PRODUCED UNDER THIS AGREEMENT WILL NOT VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

 

LIMITATION OF LIABILITY UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF (CLIENT'S) TOTAL FEES UNDER THIS AGREEMENT.

 

5. Situations & Conditions

 

If a temporary suspension has occurred due to (Client's) cause of a breach of contract there will be a written or electronic notice sent to provided contact. A project may be reduced to email communication indefinitely 

 

A final notice before the project will be terminated will be sent via the same contact to (Client). If the suspension isn't settled within 3 days of the notice the (Client's) project will expire and be terminated. Should The Indie Journ.com officially close a project it must be due to negligence, non-payment, non-production, abandonment, or unwillingness to adhere to this agreement or the terms of our policy and or individual proposal. If two or more reasons are the cause of such action The Indie Journ.com may refuse to enter into another agreement with such (Client)

 

(Client) hereby agrees that all rights are reserved the prose or copy submitted on a work-for-hire basis is the property of The Indie Journ.com. Any use of the submitted copy for any purpose not expressly permitted in this agreement is prohibited. 

 

Once a project has expired a *probational period will be required; if eligible to begin a new work-for-hire relationship with The Indie Journ.com.

 

6. Termination

 

If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing written notice of the breach to the breaching party. If the breaching party does not cure the breach within 5 days of receiving such notice, then the agreement is terminated except with respect to those obligations indicated as surviving termination.

 

If (Client) terminates the agreement for any reason other than a material uncured breach by The Indie Journ.com, then The Indie Journ.com is immediately entitled to all work or 25% of the total paid contract value, as liquidated damages, less any fees already paid to (Client) for received work. This obligation, and any payment obligations pending at termination, survive termination when paid in full. 

 

Upon termination, any license and or privileges The Indie Journ.com has given to (Client) are immediately revoked. 

 

7. Miscellaneous

 

This agreement is between (Client) and The Indie Journ.com and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other. 

 

This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreement.

 

Regarding our site, except as expressly authorized by us, you may not reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly, display or perform, edit, adapt or create a derivative work of, in any manner, any material, content that has been submitted. However, you may print or download such material from the site if this is solely for personal or non-commercial use, provided you do not republish the material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices.

 

 

*The terms in this agreement can be changed without prior notice, please read all correspondences regarding our policies, submissions and writer's guidelines, on our website beforehand in order to stay abreast of any changes. 

 

The laws of the state of New York govern this agreement and any disputes arising from it must be handled exclusively in courts in New York. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys’ fees.

 

Signing a copy of this agreement, physical or electronic, or paying for our design services will have the same effect as signing an original.

 

The Indie Journ.com

P.O. Box 125Brookhaven NY, 11719

 

Last Updated: February 8 , 2014