SERVICE TERMS AGREEMENT
Charlotte Babbs (dba. Charlotte Babbs Creative Studio)
2588 Sierra Ave.
Norco, CA 92860
(702) 985.4305
hello@charlottebabbs.com
CHARLOTTE BABBS CREATIVE STUDIO RESPONSIBILITIES
Charlotte Babbs Creative Studio agrees to work diligently and honestly to provide the Customer with the best possible service and end product. Customer will not be charged for an amount higher than the total Quote originally provided, with the exception of additional changes that go beyond the Project Proposal Scope. Charlotte Babbs Creative Studio agrees to see Project through to completion, on time according to the agreed upon schedule, and ensuring that the finished Project meets or exceeds customer’s expectations. Charlotte Babbs Creative Studio will maintain a professional and ethical work approach, and agrees to reasonably travel as needed, to accommodate meeting or communication with the Customer as requested. Charlotte Babbs Creative Studio agrees to be reachable and return emails or calls in a timely fashion (within one [1] business day), unless unforeseen circumstances or other plans have been communicated with the Customer.
CUSTOMER RESPONSIBILITIES
The customer agrees to accommodate meeting or communication with Charlotte Babbs Creative Studio as requested, and to provide as much information to the best of their abilities as possible throughout Project. The Customer understands that, unless specified in the Agreement, that all materials given to Charlotte Babbs Creative Studio must be ready for implementation; any such materials needed for project must also be provided according to schedule. The Customer agrees to be reachable and to return emails or calls in a timely fashion (within two [2] business days), unless unforeseen circumstances or other plans have been communicated with Charlotte Babbs Creative Studio.
The Customer acknowledges and agrees that any work that falls outside of the Project Proposal’s Scope will a) incur new charges billed by the hour, and/or b) require a new Agreement, and/or c) require a new and adjusted time frame.
Additionally, the Customer agrees that Charlotte Babbs Creative Studio’s ability to meet any and all schedules is entirely dependent upon the Customer’s prompt provision of materials, instruction, approvals, etc. pursuant of the Agreement. Further, any delays or changes to the project may delay delivery of project deliverables. Any such delay caused directly or indirectly by the Customer shall not constitute a breach of any term, condition or Charlotte Babbs Creative Studio’s obligations under this Agreement, nor will Charlotte Babbs Creative Studio be held financially or otherwise responsible in said instance.
DESIGN REVISIONS
Each additional round of design changes beyond the specified amount as written in the client’s signed contract will be charged at an hourly service rate of $60 per hour. Additional hours will be added to the final invoice.
DEPOSITS & PAYMENTS
A non-refundable deposit of 50% is required to be paid by Customer at the time this Agreement is signed to reserve Charlotte Babbs Creative Studio service. Payment of the remaining balance of the total Agreement amount is required within seven (7) calendar days following the scheduled event or delivery of final product. Payment for any additions to this Agreement after it is signed will be due and payable by Customer at the time the order is made.
ACCEPTED FORMS OF PAYMENT
All invoices will be delivered digitally via Freshbooks accounting services. We accept Visa, MasterCard, American Express and ACH bank transfers for payments towards our services.
SUBSTITUTIONS
Charlotte Babbs Creative Studio is not liable for sudden changes in supply chain, including but not limited to, backordered or out-of-stock products. If a product or material noted in the Agreement becomes out-of-stock or backordered after the time this agreement is signed, Charlotte Babbs Creative Studio will provide the Customer with alternate options that maintain the integrity of the approved design.
SHIPPING
Charlotte Babbs Creative Studio is not responsible for any packages lost or damaged in transport by postal or third-party delivery service.
INTELLECTUAL PROPERTY
According to U.S. copyright laws, Charlotte Babbs Creative Studio automatically reserves and owns all rights to any and all intellectual property created or designed throughout the project. Following payment and delivery of final assets by Charlotte Babbs Creative Studio, this Agreement authorizes the Customer to utilize any custom designs created on their behalf and at their expense as the Customer sees fit, including but not limited to, use and printing of design elements by an outside party.
CUSTOMER CANCELLATION
This Agreement may be terminated by written notification to Charlotte Babbs Creative Studio only and sent to hello@charlottebabbs.com. If the written notice is received prior to approval of the Final Proof, Customer will forfeit the retainer. If the written notice is received after approval of the Final Proof, the Customer will pay 100% of the Agreement total, excluding any applicable delivery and/or breakdown fees. Payment of the above stated cancellation amounts shall all be due and payable by Customer at the time of cancellation.
POSTPONEMENT
Customer has the right to postpone the date of the scheduled event one time, for up to twelve (12) months, to a mutually agreeable date without forfeiting the retainer, so long as Charlotte Babbs Creative Studio receives written notice of the postponement prior to approval of the Final Proof and Charlotte Babbs Creative Studio is able to provide services on the date/timeframe the Customer selects.
COMPANY CANCELLATION
Charlotte Babbs Creative Studio, reserves the right to cancel this Agreement at any time and for any reason without any recourse by Customer except the return of Customer’s retainer.
CONFIDENTIALITY
Customer agrees that it shall keep the terms of this Agreement confidential.
RELEASE FROM LIABILITY AND INDEMNITY
Customer agrees to release Charlotte Babbs Creative Studio from any liability, claims, losses, damages, legal fees, court costs, injuries and/or death (“Claims”) arising from the placement, rental and/or use of any materials, including, but not limited to, signs, easels and display structures, rented from and provided to Customer by Charlotte Babbs Creative Studio. Customer agrees to defend, indemnify and hold Charlotte Babbs Creative Studio harmless from any and all Claims by any third parties arising from the placement, rental and/or use of any materials, including, but not limited to, signs, easels and display structures, rented from and provided to Customer by Charlotte Babbs Creative Studio.
LIMIT OF COMPANY’S LIABILITY
Charlotte Babbs Creative Studio limit of liability for any claim whatsoever by Customer, shall not exceed One Hundred ($100) dollars plus (1) the amount paid to and accepted by Charlotte Babbs Creative Studio; or (2) the total Agreement amount, whichever is less.
INTEREST, LEGAL FEES AND VENUE
Interest on all monies owed and not paid timely shall be charged at eighteen (18%) percent per year. If a lawsuit is filed arising out of this Agreement, the prevailing party shall be awarded legal fees and court costs. Venue for any court action shall by chosen at the discretion of Charlotte Babbs Creative Studio.
ADMENDMENT
This Agreement can only be amended in a writing signed by Customer and Charlotte Babbs Creative Studio.
SEVERABILTY
If any provision of this Agreement shall be deemed void in whole or in part for any reason whatsoever, the remaining provisions shall remain in full force and effect.
By signing the Agreement, the Customer acknowledges that they have read and understood the terms described here in this Service Terms Agreement, and that they agree to follow them as outlined.
By signing the Agreement, Charlotte Babbs Creative Studio acknowledges that they have read and understood the terms described here in this Service Terms Agreement, and that they agree to follow them as outlined.