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This contract agreement is an Ongoing Maintenance P
This agreement is made by and between Studio490 and the Client, AND Studio490, whose address is 7016 Sweetfield Dr., Huntersville, NC 28078 referred to as “Consultant.”
The Client hereby contracts with the Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement. The Consultant will consult with the officers and employees of the Client concerning matters relating to the Client’s Web Development needs.
It is anticipated the Consultant will spend 1 hour per month at the rate of 50.00 per hour for 12 months in fulfilling its obligations under this Agreement. Any time over the monthly allowance will be tracked and billed at the same rate.
The Consultant will perform all services in accordance with this Agreement at Studio490. In addition the Consultant will perform services on the telephone (704-948-1587) and email (email@example.com)
The Client will designate one person to be the main contact with the Consultant throughout the length of this Agreement.
The Consultant will provide invoices and project notes to the Client with detailed notes on projects worked on once per month (1st of every month).
This contract is valid for 12 months. At the end of this contract, both Client and Consultant may wish to renew, adjust or terminate relationship*.
The Consultant will be paid an hourly rate of $50.00 per hour. Monthly (every 4 weeks) payments will be made from the Client to the Consultant after receiving Consultants invoice and description of services provided with breakdown of hours spent. All invoices are based on a Net 30 for payment. If a payment is to be paid past 30 days, both parties MUST agree to that timeline. If a payment is late, a reminder email will occur. There is a 10% late fee on all invoices past due.
Please make all checks payable to:
7016 Sweetfield Dr.
Huntersville, NC 28078
Studio490 acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. Studio490 shall not enter into any contract or commitment on behalf of Client. Studio490 may from time to time request the arrangement of the services of others. The Client will pay for all costs to the Consultant for those services but in no event shall the Consultant employ others without the prior authorization of the Client. Studio490 further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits.
This Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. Accordingly, the Consultant shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the Consultant’s activities in accordance with this Agreement.
The Consultant agrees that any information received by the Client during any furtherance of the Consultant’s obligations in accordance with this Agreement, which concerns the personal, financial or other affairs of the Client will be treated by the Consultant in full confidence and will not be revealed to any other persons, firms or organizations.
Studio490 agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over all documents, papers, and other matter in its possession that was provided by Client. Studio490 further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.
Entire Agreement and Notice
This Agreement and related Addendum(s) contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail to the principle place of business stated in this Agreement.
Default and Remedy Specifications
Shall either party fail to perform under the terms of this contract, the aggrieved party may notify the other party in writing via certified mail of such failure and demand that the same be remedied within 30 calendar days . Should the defaulting party fail to remedy the same within said period, the aggrieved party shall then have the right to terminate this contract by giving the defaulting party 30 calendar days written notice. Performance failure can be defined by not limited to: late delivery, failure to respond to communication requests, poor quality of product delivered, failure to meet maintenance and service requirements identified, failure to resolve invoicing issues, and failure to provide any of the conditions specified in project plan.
Either party may terminate this contract as a result of performance failure (with cause) as outlined in the above section of this contract. The aggrieved party must provide a 30 calendar day written notice to the defaulting party via certified mail.
In the event the Client terminates this Agreement and Studio490 is unable to cure the identified issue(s), Client is responsible for paying Studio490 any time invested up to this date of termination. The Client will also receive any of the work completed on the project up to that date.
In the event Studio490 terminates this Agreement and the Client is unable to cure the identified issue(s), Studio490 will not be obligated to complete the project, and Studio490 will reimbursed Client any monies paid minus the time invested.The Client will receive any of the work completed on the project up to that date of termination.
In Witness Whereof
Client and Studio490 have duly executed this Agreement as of the day and year first above written.
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