OUR POLICY

 

 

           

 

             

 

            DESIGN PROJECT AGREEMENT

 

 

When you start a project with us you are agreeing to the below terms, and understand that you are hiring The Independent Journal Magazine hereinafter referred to as The Indie Journ.com to do work outlined in The Indie Journ Packages "A",  “B” "C", "D" or "E" (whichever you have chosen).

 

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

 

 

1. Scope of Work

 

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

 

 

1.2. Projects and Completion

 

If (Hiring Party) 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 (Hiring Party) 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 unpaid fees or monies are immediately due accordingly.

 

1.3. Ownership of the Work

 

All work produced or developed under this agreement is “work made for hire” to the extent applicable. The Indie Journ.com assigns to (Hiring Party) all right, title and interest in the 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 will retain the right to use the 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

 

(Hiring Party) will pay The Indie Journ.com a fixed fee of the amount (as stated in the proposal) which includes up to 3 complimentary rounds of revisions, provided that such revisions do not require work exceeding the scope of work as stated above. Of The Indie Journ.com’s fee a non-refundable deposit may be due at the signing of this agreement. The Indie Journ.com will be solely responsible for The Indie Journ.com’s expenses in connection with this agreement. Upon completion of the work, The Indie Journ.com will invoice (Hiring Party) any amount due. Payment is due within 7 days of the invoice date, or immediately if project is in suspension and has been completed for 1 (one) week or more. Any amount not received by its due date will collect interest at 2% per month, or the legally allowable maximum if this amount exceeds it.

 

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, The Indie Journ.com must return to (Hiring Party) any materials containing confidential information. Confidentiality obligations survive termination of this agreement.

 

4. Independent Contractor Relationship

 

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

The Indie Journ.com is solely responsible for all taxes, withholdings, insurance and any other obligations that may apply to an independent contractor.

 

 

LIMITED WARRANTY

 

THE INDIE JOURN.COM WARRANTS THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS THE INDIE JOURN.COM FROM ENTERING INTO THIS AGREEMENT, AND THAT TO 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 THE INDIE JOURN.COM’S TOTAL FEES UNDER THIS AGREEMENT.

 

5. Situations & Conditions

 

If a temporary suspension has occurred due to (Hiring Party'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 (Hiring Party). If the suspension isn't settled within two weeks of the notice the (Hiring Party's) project will expire and be terminated. Should The Indie Journ.com officially close a project it must be due to negligence, non-payment, 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 (Hiring Party)

 

Once a project has expired a *re-open fee 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 (Hiring Party) 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 25% of the total contract value, or *$87.50, as liquidated damages, less any fees already paid to The Indie Journ.com. This obligation, and any payment obligations pending at termination, survive termination when paid in full. 

 

Upon termination, any license (Hiring Party) has to the work and all complimentary services are immediately revoked. 

 

7. Miscellaneous

 

This agreement is between (Hiring Party) 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. It can only be changed by mutual written consent.

 

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