Kingdom Builder Contract for Services

Services

Provider shall provide Client with the following services and/or products ("Services"): 

Kingdom Builder Offer! 

• Custom responsive WordPress website
• Brand Photoshoot
• Visual Brand Identity
• 60 minute strategy session 
• Two equal monthly payments of $1,499

Cost. The total cost ("Total Cost") for all Services is $2,997. Client shall pay the Total Cost to Provider as follows: 

• 50% of the total due on date of purchase, in the amount of $1,498.50
• 50% of the total due 1 month later, in the amount of $1,498.50

Photoshoot Rescheduling:In the event that the Client needs to reschedule the photoshoot to schedule conflicts, a minimum notice of 72 hours is required. The photoshoot may be rescheduled the day of if it is affected by weather conditions or other uncontrollable acts of God. The determination of such conditions will be made by 414 Creative. Additional travel expenses may be charged for the rescheduled photoshoot if additional travel is required. 

Refunds:The Client acknowledges that the total fee is non-refundable. The payment will become null and void if the project is not scheduled within 30 days from the originally agreed-upon date. This includes timely response and cooperation in the process. Delayed response causing an unreasonable extended project timeline will result in additional fees to the Client.  

Excess Work: Excess work is defined as any additions or changes to the items within this submission after sign-off by an authorized representative of the Client, including but not limited to excessive edits or revisions.

Agency's Discretion: 414 Creative reserves the right to exercise discretion in cases of unforeseen circumstances and may, at its sole discretion, consider alternative arrangements or solutions.

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Rights to Final Deliverables Final Works of Assets - The client reserves the right to use all created assets for marketing, advertising and promotional uses, both online and in-print forms. The client has the right to limited modifications of assets that solely include cropping, text overlay and added graphic elements. These rights are reserved while under contract and after. All other rights, including copyrights are reserved to the Consultant/Designer.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for commercial and advertising. 

Preliminary Works/Working Files. Designer retains all proprietary rights, including property ownership, intellectual property rights and Copyrights, in and to all Preliminary Works and Working Files, and Client shall return to Designer all Preliminary Works and Working Files in Client’s possession within thirty (30) days of completion of the Services (if applicable). This also includes any unused concepts, designs or logos that were presented to the Client but not included in the Final Works deliverables. 

Original Artwork. Designer retains property ownership in any original artwork comprising Final Works, including all rights to display or sell such artwork. Client shall return all original artwork to Designer within thirty (30) days of completion of the Services. Original artwork includes any physical work of art created as part of the project, such as sketches or paintings.

Designer Tools. Designer Tools and all intellectual property rights therein, including Copyrights, shall be owned solely by Designer. Designer hereby grants to Client a nonexclusive, non transferable (other than the right to sublicense such uses to Client’s publisher, web hosting or Internet service providers), perpetual, worldwide license to use the Designer Tools solely with the Final Deliverables for the Project. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, or otherwise disassemble or modify any Designer Tools comprising software or technology.

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or responsible party) will:

1. Immediately give Notice to Client; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law. The laws of Texas govern all matters arising out of or relating to this Agreement, including torts.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

1. Email
2. Provider's Email:  
3. Client Email:  

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.