CONTRACT TERMS AGREEMENT

PROJECT Parameters

Determined from initial meeting and additional approval of scope of work will be requested of the party making the request.

Timeframes will be subject to parties participation in the project

Processes include but not limited to: Discovery, Collect Information, Creative Brainstorming, Design, Review, Finalizing, Deliver, Launch, Maintenance

Timeframes are given from when starting the project not when given assignment – Priority varies due to other obligations and scheduling. Communication platforms, such as a task calendar, will be established between each Party(s) and shared.

Project/services: Results depend on focus and direction of party’s needs expressed, contract of agreement and transparency

Rough estimates only based on initial request, after project may cause for additional work on planning.  Any amount over your credit will be addressed prior to work being done or billed

All activities outlined and budgeted in the SOW.  Your investment in these services will be as follows for each phase.

Service Contract Agreement: Payments will be received as following

Initial down payment to initiate services = Flexible, most is 20% of contract pricing agreement (SOW)

Will invoice every 30 days, need a commitment deposit with signed contract agreement - the amount will be credited to your balance billed.

All fees include two Party(s) revisions to concepts presented, including both copy and design changes. Additional revisions or other services will be billed at the standard fee based on time of agreement.

This estimate does not include travel (outside 100 mile radius), printing, sales tax, mail, freight or delivery. The estimate is subject to change if project parameters change – please reference scope of work.

 Pricing is subject to change per level of difficulty, level of interest or commitment shown by the Party(s). Additional costs can or may occur if need to acquire outside consulting or software for images, special formatting, audience reach or industry performance -Notice will be given in SOW, before signed contract.

Project: Based on terms in of contract pricing agreement (SOW)

Sandy Mostaert role as Service Provider/Consultant

Independent Consultant:

This Agreement shall not render the Consultant (Sandy Mostaert) an employee, partner, agent of, or joint venture with Party(s)  for any purpose. The Consultant is and will remain an independent consultant in her relationship to Party(s). Party(s) shall not be responsible for withholding taxes with respect to the Consultant’s compensation hereunder. The Consultant shall have no claim against Party(s). hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

Correspondence:

Please use the following email address mozzdesignsia@gmail.com during contract time period. Contact via phone 319-531-5871

 Conflicts of Interest; Nonhire Provision:

During the term of this agreement, the Consultant (Sandy Mostaert) shall devote as much of her productive time, energy, and abilities to the performance of her duties hereunder as is necessary to perform the required duties in a timely and productive manner.

  • The Consultant is expressly free to perform services for other parties while performing services for Party(s).

 Service Management

Telephone, Email & support: 9:00 A.M. to 5:00 P.M CDT Monday – Friday

If calls received out of office hours will be forwarded to voice-mail, text or email.

  • Best efforts will be made to answer / action to the call, however no action can be guaranteed for immediate service. Guarantee that some type of response (email, IM or phone) will be within less than 24 hours.

  • Will give 24 hour notice of unavailable dates if there is a conflict in schedule.

Included Services in the Scope of Work, such as; graphic design. Outside of SOW will require a separate proposal and additional fees. No services will be rendered without signed or email confirmation of permission and an approved rate.  Consulting and Coaching are subject to project.

Party(s) Requirements

Party(s) responsibilities and/or requirements in support of this Agreement include:

  • Sole responsibility of approved vendor expenses

Termination

Either party may terminate this Agreement at any time by written notice to the other party. Unless a breach of contract by the consultant has failed to perform a substantial portion of her duties as outlined in the contract, then consultant will be rendered payment for portion of services rendered to that point. Consult (Sandy Mostaert) early termination will render 5 working days of notice and payment will be based on services rendered up to that point.

Assignment

Sandy Mostaert/MozzDesigns hereby assigns to Party(s)  all releases and discharges, any affiliate of Party(s) and their respective officers, directors and employees, from and against any and all claims, demands, liabilities, costs, and expenses of Independent Consultant arising out of, or relating to, any Propriety Information.

Legal Compliance

Sandy Mostaert of MozzDesigns is required to treat all company employees, customers, Party(s), business partners and other affiliates with respect and responsibility. Independent Contractor is required to comply with all laws, governing their profession, licensing requirements and other laws or regulations that will allow them to complete the Scope of Work. Any and all legal actions will reside in the state of Iowa.

Force Majeure: The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document.  Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within ten (10) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party's performance is delayed for a period exceeding thirty (30) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this agreement.

Written Modification: This agreement may be amended or modified only by a writing executed by both parties.

Attorney's Fees: The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys' fees, incurred by the prevailing party in resolving such dispute.

Notices: All notices shall be in writing and shall be delivered personally, by United States certified or registered mail, postage prepaid, return receipt requested, or by a recognized overnight delivery service. Any notice must be delivered to the parties at their respective addresses set forth below their signatures or to such other address as shall be specified in writing by either party according to the requirements of this section. The date that notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified or registered mail.

Arbitration

Any controversies arising out of the terms of this agreement or its interpretation shall be settled in Iowa in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.

Proprietary Statement

This document and any attached materials are the sole property of Sandy Mostaert/MozzDesigns and are not to be used by you other than to evaluate Sandy Mostaert/MozzDesigns service. This document and any attached materials are not to be disseminated, altered, distributed, or otherwise conveyed throughout your organization to employees without a need for this information or to any third parties without the express written permission of Sandy Mostaert/MozzDesigns.

Elected Service

The following party has elected the following services according to the contract pricing agreement (SOW)

Acknowledgement

IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written below. The parties hereto agree that facsimile signatures shall be as effective as if originals.

By selecting the "I Accept" button with the online form, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement and the Privacy Policy found on www.mozzdesigns.com

Sandra (Sandy) Mostaert Independent Consultant

MozzDesignsIA@Confidential Information of Sandy Mostaert MozzDesigns Consulting gmail.com