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When you engage Modern Traction Inc. (hereinafter referred to as “Modern Traction”) to perform work, you will be required to accept the VIP Service Terms & Conditions.
Agreement between Modern Traction, and You, the authorized representative of “The Client”, for work commencing in the capacity of Freelance Digital Designer, Web Designer, Web Developer or Digital Consultant.
Where The Client has requested the services of Modern Traction on a specific day at a specific time for a specific number of days or hours, this will be considered a VIP Day or VIP Service.
During this VIP Service, Modern Traction agrees to devote up to 7 hours on assignments to be determined by The Client, including 1 hour for a Kick-off Call, and 7 days of post-VIP Service email and chat support. Post-VIP Service support is specific to work performed during the VIP Service and does not include any additional design or website changes beyond the work completed during the intensive. The Client may reserve another full or half VIP Day engagement for any additional work needed.
Start dates, or VIP Service date will be officially scheduled once your payment is received.
Client will provide all needed assets and content, such as, but not limited to, photos, graphics, logos, fonts, copy (text), video links and any other files necessary to complete the contracted services or project by specified dates.
All assets needed to complete the project and render services must be delivered by Client by stipulated dates. If any delays impact the timeline, we will do our best to accommodate the Client, but we reserve the right to reschedule the project at our next availability, and may charge a rescheduling fee.
Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful, and complete information necessary for Modern Traction to perform or complete the contracted services or project.
The Client understands that a VIP Day is the purchase of a block of time on Modern Traction’s schedule. While all reasonable care will be taken to ensure work requested by The Client is completed to the highest achievable standard during the timeframe of the VIP Day, full completion of any tasks agreed to by Modern Traction during the VIP Day is not guaranteed.
THE CLIENT RECOGNIZES AND AGREES THAT Modern Traction HAS MADE NO WARRANTIES, PROMISES, OR GUARANTEES REGARDING THE RESULTS OR REVENUE TO BE GENERATED FROM ENTERING INTO THIS AGREEMENT OR THE ENGAGEMENT OF Modern Traction FOR MARKETING. The Client agrees that any presentations, proposals, or projections made by Modern Traction are estimates only and do not represent a guarantee. Furthermore, The Client acknowledges that the ultimate success or failure of their business rests with The Client.
A first 50% payment of the total amount, for the number of hours requested, is required to reserve a VIP Day. The Client authorizes Modern Traction to safely store their credit card information
Client agrees to commit to payment terms as follows:
The Client will provide Modern Traction with valid and updated credit card information, or with alternative means of payment reasonably to Modern Traction. MasterCard, VISA, or AMEX are accepted and payment is processed through Stripe, Inc. payment processing services. Upon provision of credit card information The Client authorizes Modern Traction to store and charge such credit card for services and/or any incurred expenses, additional services or subscription (e.g. Website Hosting & Aftercare), as requested by The Client.
Fees for third-party services, such as web hosting services, email hosting services, font and image licenses, subscription fees, or any other third-party tools and services may not be included and will be paid directly by The Client. Fees for the purchase, use, or licensing of any third-party asset, such as images, themes, templates, etc. shall be paid by The Client unless otherwise stipulated by Modern Traction.
Once The Client has booked a VIP Day for a specific time and date, Modern Traction will not accept any other work from other companies for those dates and times.
As a result, once a VIP Day booking is made, if it is subsequently cancelled or rescheduled, a fee will be charged to The Client according to the following schedule:
If The Client reschedules the booking for any reason (including needing more time to provide Modern Traction with any information or assets needed to complete the project) with 14 days or more written notice, they may do so ONCE without a rescheduling fee. Booking must be rescheduled within 90 days of the originally scheduled date or 100% of the booked rate will be forfeited by The Client. If The Client reschedules the booking a second time, a rescheduling fee of 50% of the booked rate will be charged.
If The Client reschedules the booking with less than 14 days’ written notice, a rescheduling fee of $400 USD will be charged. The payment paid upon booking is valid for 90 days and will apply to the rescheduled date.
If The Client reschedules the booking with less than 24 hours written notice, the first payment of 50% of the VIP Day rate will be kept and The Client will not be refunded.
If The Client cancels the booking 14 days or more prior to the confirmed VIP Day scheduled date, a cancellation fee of $400 USD will be charged and The Client will be refunded the remaining balance of fees already paid.
If The Client cancels the booking with less than 24 hours written notice, or is absent for the scheduled VIP Service, a fee of 100% of the booked rate will be charged and The Client will not be refunded.
Modern Traction reserves the right to terminate this agreement upon 14 days written notice to The client. Provided, however, that Modern Traction may terminate the agreement immediately without prior notice in the event of a breach of this agreement by The Client.
The agreement shall remain in effect for the duration of the project, or three (3) months from agreement date, or until The Client provides written notice of cancellation. This agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument showing both parties will modify or amend the original order.
The Client shall be responsible for determining the ownership of any intellectual property supplied by The Client to be used or incorporated into the project. The Client will fully indemnify Modern Traction for any damages associated with the use of any such intellectual property.
Modern Traction shall be responsible for determining the ownership of any intellectual property used in completing the project not provided by The Client. If necessary, Modern Traction shall acquire the rights or permission to use any copyrighted or otherwise protected intellectual property, not provided by The Client, including but not limited to code, graphics, animation and data files, sound effects, music, art, visual effects, textures, and models.
Completed project, deliverables or artwork files are delivered via cloud storage, computer server or email.
The results of any and all work performed by Modern Traction for The Client, including original creative work, will remain the property of The Client. The Client may use these materials in any way deemed appropriate.
The Client consents to being recorded for private use during the project, and agrees that any written statements, images of The Client while participating in the VIP Day and made on behalf of Modern Traction may be used in connection with publicizing and promoting Modern Traction. The Client authorizes Modern Traction to use their name, image, biological information and any written or recorded statements, as well as any original creative work created by Modern Traction for public and promotional use.
This Agreement may be executed in counterparts and by digital approval or signature. The person approving this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.