Terms of service.
The following Terms of Service agreement will be entered into by and between you (“Client”) and Marquitta Makes LLC (“Artist”).
Service Description:
Client engages Artist to provide creative services, which will be described in detail, including scope, deliverables, milestones, timelines, etc. The Artist will agree to provide the services in a professional and timely manner, adhering to the agreed specifications.
Compensation:
Client agrees to compensate Artist as outlined in the pricing proposal or as otherwise agreed upon in writing. Payment terms, including milestones and due dates, shall be specified in the pricing proposal or as mutually agreed upon.
Ownership and Intellectual Property:
Artist retains ownership of all intellectual property rights related to any pre-existing materials used in the project. Upon full payment, ownership of the final deliverables, excluding pre-existing materials, will be transferred to the Client. Artist may use the project in their portfolio and for self-promotion, unless otherwise agreed upon in writing.
Revisions and Modifications:
Client will have the opportunity to provide reasonable feedback and request revisions. Artist will undertake commercially reasonable efforts to incorporate requested revisions, provided they fall within the agreed scope. Additional work beyond the original scope may require an adjustment to the compensation and will be agreed upon by both Parties.
Confidentiality:
Both Parties agree to treat all project-related information as confidential and shall not disclose it to any third party without prior written consent, unless required by law. Client agrees to provide necessary information and materials to Artist to complete the project and acknowledges that the Artist will exercise reasonable care in handling such information.
Termination:
Either Party may terminate this Agreement in case of a material breach by the other Party, provided advanced written notice of 30 days is given for the breaching Party to remedy the breach. In the event of termination, Client shall pay Artist for the services rendered up to the date of termination, including any approved expenses.
Limitation of Liability:
Artist shall not be liable for any consequential, incidental, indirect, or special damages arising out of or in connection with this Agreement. Artist's liability for any claim, whether in contract, tort, or otherwise, shall not exceed the total amount paid by Client under this Agreement.
Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of North Carolina, USA. Any disputes arising out of or in relation to this Agreement shall be exclusively submitted to the courts of North Carolina, USA.Entire Agreement:
This Agreement constitutes the entire understanding and agreement between the Parties and supersedes any and all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter mentioned herein.