This service delivery agreement is a legally binding contract between John Dobie Design (the " Designer") and
(the "Client") for all design services the Client has engaged the Designer for.
In consideration of the services listed on the accepted quote, the Client shall pay the Designer the fee in full upon completion of the work.
1.Upon acceptance of the quote, 50% of the project fee shall be due before the commencement of any work as a non-refundable deposit.
2.50% of the project fee shall be due upon completion of the work or receipt of the invoice. Invoices shall be delivered regularly and are due upon receipt.
3.The Designer may cease work if any balances remain unpaid for a period of 30 days.
4.If the scope of work gets modified during the project’s completion, additional costs shall be charged at $85.00 Per Hour (Ex GST) pending Client approval.
5.If invoices remain unpaid after a period of 30 days, a non-compounding late fee of 2% accrues monthly on the outstanding amount.
1.The Client shall be notified for approval upon any or all services provided under this Contract for finalisation and submission.
2.The number of revisions the Client is entitled to be 2.
3.The number of revisions above 2 shall be charged at $85.00 Per Hour (Ex GST).
All confidential information that is communicated to and obtained by the Designer from the Client in connection with performing the scope of services under this Contract shall be held by the Designer in full trust. At no time will the Designer use any confidential information obtained through conducting this service contract either directly or indirectly, for personal benefit, or disclose or communicate such information in any manner to any third party. This provision shall continue to be effective after the termination of this Contract.
1.This Contract may be cancelled/terminated by either Party submitting a written notice to the other Party or may immediately be cancelled under the following circumstances:
a.If there is a failure to make a required payment when due
b.In the event of bankruptcy by either Party
c.The failure to make available or deliver the services in the manner as described in this Contract.
2.Upon termination of this Contract, the Designer shall cease reproducing, advertising, marketing, and distributing any material or information pertaining to the Client immediately.
The Designer shall be retained as an independent contractor. The Designer shall be fully responsible for payment of its income taxes on all compensation earned under this Contract. The Client shall not withhold or pay any taxes on behalf of the Designer. The Designer understands that they will not be entitled to any added employee benefits that Client provides for its employees generally or to any statutory employment benefits, including without limitation worker's compensation or unemployment insurance.
The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, employees, and permitted successors. Assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Contract by the indemnifying Party; its respective affiliate or successors and any assign that occurs in connection with this Contract. This section remains in full force and effect even after the termination of the Contract.
1.The Designer represents and warrants that it has the right to enter into and perform this Contract.
2.The Designer further represents and warrants that it is the rightful owner; and therefore has the right to utilise and distribute the designs created for the Client.
3.The Designer warrants to take full responsibility and repay associated damages if it uses any third party's existing intellectual property.
4.The Designer warrants it shall adhere to the requested deadline and comply in any other manner by which the Client's requirements shall be fulfilled.
The Client continues to own any and all proprietary information it shares with the Designer during the term of this Contract. The Designer has no rights to this proprietary information and may not use it except to complete the Design services. Upon completion of the Contract, the Client will own the final Design Deliverables.
Under no circumstances shall either Party be liable to the other Party or any third party for any damages or any special, indirect, or consequential damages, that might result from any part of this Contract such as, but not limited to, loss of profit, revenue, or failure in the delivery of services.
1.Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
2.Notices: Any notice required to be given to the Client shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Company.
3.Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
4.Modification: No modification of this Contract shall be made unless in writing, signed by both parties.
5.Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the termination.
6.Governing Law and Jurisdiction: If the disputes are not resolved by arbitration, the parties agree to resolve disputes through litigation in accordance with the laws of New South Wales, Australia.
7.Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in Australia. The Parties each represent that they have the authority to enter into this Contract.
8.Entire Agreement: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior Contracts between the Parties and is intended as a final expression of their Contract. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Contract. This Contract shall take precedence over any other documents which may conflict with this Contract.
•The Designer retains all right and title to their intellectual property, unless otherwise agreed in writing.
•The Designer and The Client agree to indemnify and hold one another harmless against any claims of loss or damage arising from the delivery of the services covered by this service delivery agreement.
•The Client may cancel this service delivery agreement at any time by providing written notice to the Designer.
•The Designer shall be considered an independent contractor of the Client. No formal employment contract is implied or established.
•Both the Designer and the Client will treat all information related to this service delivery agreement as proprietary and confidential. No information shall be disclosed to third parties without approval from both the Designer and the Client.
•Failure to enforce or uphold any aspect of this service delivery agreement shall not be construed as a waiver of any other aspect of the agreement.
•Should any aspect of this agreement be judged to be illegal or unenforceable, all other aspects of this agreement shall remain in full effect, and any nullified aspects of this service delivery agreement shall be replaced by new terms acceptable to both parties.