BY DOING ANY BUSINESS WITH NATION MEDIA GROUP LLC you agree to the following. (By engaging with any level of business)
THIS SUBCONTRACTOR DESIGNER AGREEMENT (hereinafter referred to as “Agreement”), is made
THE DAY YOUR BUSINESS works with NATION MEDIA GROUP LLC (“Designer”) located in Michigan and
(“Contractor”) YOUR BUSINESS NAME, (collectively referred to herein as the “Parties”).
1. All payments are subject to full non, return and we provide no refunds on down payments, without exception.
2. Any design material, ideas, content, wording, custom code, or any other related material that is not received before the start of the project from Contractor may be denied by Designer. All materials must be included in or with the Website Overview Document before the start of the project. If the project is a website makeover, then any content to be transferred to the new site that is not included on the current site it must be contained in the Website Overview Document. If the design material, ideas, content, wording, custom code, or any other related material is not included in the Website Overview Document, it may not be included in the final design or may add additional costs if given to Designer after the start of the project. The project is bid according to the amount of time it will take to complete the project. These extra materials can add unplanned and timely expenses for Designer. The current site content, graphics, documents, coding, or any other related material that is received at the beginning of the project by Designer from Contractor will constitute the total project material.
Contractor guarantees that it either owns or has permission to use any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Designer for inclusion in this project. Designer DOES NOT produce website/graphic content unless explicitly agreed upon in the Design Description above or in Exhibit A.
3. Commencement and Completion Dates: The work shall commence upon the execution of this Agreement and continue until completed pursuant to the terms of the project. Designer will keep time and progress records for all work performed on the project and will keep the Contractor apprised of the time and progress, including updates as to estimated time needed to complete the specified project. The estimated completion date is a good faith estimate by Designer to determine the time of completion based upon available information. This date is not intended by the parties to establish a legally binding deadline. Designer is not responsible for project delays that occur due to non-controllable variables such as, but not limited to: natural disasters, power outages, equipment failure, or any other situation that is outside of the Designer’s control. In no event shall Designer be responsible for any loss or any consequential or special damages should the work not be completed by a specified date.
4. Completion and Progress of Work: Designer agrees to use due diligence in the completion of all work defined herein and to complete such work in accordance with this Agreement. Designer has sole control of the manner and means of performing the work described, except where specifically described otherwise in writing. The work is deemed to be completed when it is exchanged with the Contractor, and full payment is made. The project will be delivered to the Contractor upon final payment on the agreed upon date and time.
5. Stop Work: Designer may stop the work upon five-days’ notice to Contractor if payments are not made when due under this Agreement, and Designer may suspend work until all overdue payments have
6. Termination: Notwithstanding the stop-work provision contained in paragraph 5, this Agreement may be terminated by either party upon thirty (30) days written notice given by the party seeking termination to the other party. Upon the date of termination set by such written notice, all outstanding fees or other monies due for services rendered or performed under this Agreement shall be paid in full. Should the Contractor terminate this Agreement, the Contractor shall pay Designer for all work performed up to the cancellation date based upon the agreed compensation terms established in paragraph 2 of this Agreement, as well as a cancellation fee of an additional 30% of such total fees due.
Copyright follows (selection area: with three choices):
Design elements: The Contractor may not reverse engineer flyers, brochures, cards, logos, and any other design issued by the Designer into separate elements to sell any item individually, or allow any different part to contribute to the value of any other layout. The project is issued as a complete whole and not as separate elements unless contractually agreed upon by the Contractor and Designer. Designer is entitled to use the work for its portfolio or use elements of the work for other projects, but Designer will never replicate Contractor’s design and resell the project as a whole without Contractor’s permission.
8. Additions and Modifications: No additions or modifications of the work to be performed under this Agreement other than as set forth above in paragraph 1 shall be valid or binding unless in writing and signed by the Parties. Any such additional work shall have the agreed-upon compensation fully set forth in such writing. No other modification of any of the terms of this Agreement shall be binding upon Designer or Contractor unless in writing signed by the Parties.
9. Communication: Designer and Contractor agree that open and consistent communication is essential to ensure a successful business relationship. Therefore, the Parties agree to send clear, concise messages; respond promptly to communication from the other party; be honest and truthful; and not withhold any information from the other party that could affect any part of this Agreement. If Contractor fails to respond to any communication from Designer within 5 days, then Designer has the option to void the Agreement upon written notice to Contractor at the following email address: (The one your contact the Desinger with)
10. Independent Contractor Status: Contractor and Designer intend that an independent contractor relationship will be created by this Agreement. Neither Designer nor any of its employees are to be considered as an agent or employee of Contractor for any purposes whatsoever. Nothing in this Agreement shall constitute or be construed as creating a partnership or joint venture between Contractor and Designer.
11. Indemnification: Contractor shall fully indemnify and hold harmless Designer from and against any and all costs, expenses, attorney’s fees, liabilities, losses, damages, suits, actions, fines, penalties, claims and demands of any kind or nature whatsoever that may be asserted by any client of Contractor in connection with any work performed under this Agreement.
12. Enforcement: In the event that it shall become necessary for Designer to file any legal action or suit to enforce this Agreement, Designer shall be entitled to recover all reasonable attorney fees and costs in such suit or legal proceeding.
13. Choice of Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles or conflicts of law. The Parties specifically agree that any and all actions to enforce this Agreement or arising out of or related to this Agreement shall and must be brought in Kent County, Michigan. Each party agrees that Kent County, Michigan shall be the exclusive venue of any action or legal proceeding arising out of this Agreement and brought by either party to this Agreement. Each party consents to personal jurisdiction in Kent County, Michigan, and acknowledges that venue is proper in Kent County, Michigan, and waives any objection that may exist now or in the future with respect to jurisdiction, governing law, and venue as set forth in this paragraph.
14. Entire Agreement: The terms of Designer’s engagement are presented to Contractor for payment are incorporated by reference into this Agreement. This Agreement and the Invoice shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding this Agreement shall not be binding upon either party.