Design Services Contract

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This work for Hire Agreement is made between Melissa Benkert and The Client.

1. DESCRIPTION OF SERVICES. Beginning the date of contract signed, Melissa Benkert will provide graphic design services for The Client with a professional manner at all times while clearly representing herself as an artist creating for The Client

2. SERVICE LOCATION. The Service to be provided under this Agreement shall be performed at Melissa Benkert’s place of business with no mandatory meetings outside of her establishment unless agreed upon by both parties.

3. REVISION, DELIVERY AND TERMINATION OF PROJECT. Melissa Benkert will work on each project as assigned by The Client in a timely manner with a deadline agreed upon by both parties by email. Once the preliminary product is complete it will be sent to The Client for review. The Client can then request revisions as they see fit and Melissa Benkert will complete all revisions possible and then return product, this time will be logged and billed. The Client can then request revisions one additional time that Melissa Benkert will complete if possible in her artistic realm allows, this time will logged and billed. After the final set of revisions have been completed and product delivered, payment is then due. It is up to Melissa Benkert if The Client can request additional revisions that will result in logged time and additional payment due. If Melissa Benkert and The Client have defined a project with a deadline any work completed from then on will be billable even if the need for the project is no longer needed by The Client. If The Client no longer needs defined work they should inform Melissa Benkert to stop logging work hours immediately and will only be billed for time up until the time of the written work termination notification.

4. SCHEDULE AND DAYS OFF. Melissa Benkert is generally available to provide services during the hours of 8am and 4pm EST, but is not limited to those hours. For vacation, sick or personal time Melissa Benkert will notify The Client if work will fall of conflicting dates and both parties will decide on an alternate work date. Under no circumstance will Melissa Benkert be expected to provide any services with less than a 24 hour start time, or show at a location in less than 72 hours, unless previously informed that the project may require it.

5. PAYMENT FOR SERVICES. The Client will pay compensation to Melissa Benkert for the services at a rate of $55 a logged hour. This compensation shall be payable and due upon receipt through Paypal. Invoices are sent when work is complete.

6. TERMINATION. Either party may terminate this agreement upon 12 hours of written notice to the other party. Provided, however, that each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by either party. Upon Termination, Melissa Benkert shall invoice The Client for any payment due, and payment will be due immediately upon receipt. Upon final payment Melissa Benkert will email all information needed to complete any defined services to The Client that have not been completed.

7. NON-DISCLOSURE AND NON-SOLICITATION. Melissa Benkert shall not directly or indirectly disclose to any person other than a representative of The Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to The Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. Furthermore, Melissa Benkert agrees that during the term of this Agreement, and for 1 year following the termination of this Agreement, Melissa Benkert shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of The Client other than on behalf of The Client himself or if the solicitation is for products The Client does not produce.

8. RELATIONSHIP OF PARTIES. It is understood by both parties that Melissa Benkert is an independent contractor with respect to The Client and not an employee of The Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Melissa Benkert.

9. WORK PRODUCT OWNERSHIP. Any works, ideas, discoveries, inventions, patents, products, photographs, ghost written articles or other information (collectively, the “Work Product”) developed in whole or in part by Melissa Benkert in connection with the Services shall be both the property of The Client and Melissa Benkert. Melissa Benkert may include the Work Product in her portfolio for promotional purposes of her services, and The Client may use the Work Product freely for any purpose that positively enforces both The Client’s business and Melissa Benkert as a designer.

10. LIABILITY. Melissa Benkert will not be liable for loss, damage or delay of The Client’s projects due to circumstances beyond Melissa Benkert’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, terrorism or inability to contact The Client. In the event of such loss, damage or delay, Melissa Benkert will make every effort to notify The Client immediately and provide service when it is possible.

11. CONFIDENTIALITY. Melissa Benkert will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Melissa Benkert, or divulge, disclose or communicate in any manner any information that is proprietary to The Client. Melissa Benkert will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Melissa Benkert will return to The Client all records, notes documentation and other items that were used, created, or controlled by Melissa Benkert during the term of this Agreement with the exception of items purchased by Melissa Benkert and not reimbursed by The Client.

12. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited

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Design Contract