- SERVICE TERMS -
Graphic, website, print and website design, marketing strategy, consulting via virtual or live sessions or branding services by NICOLE ZAAGMAN Enterprises, LLC.
Graphic, website, print and marketing design, coaching sessions, virtual programs or branding services by NICOLE ZAAGMAN Enterprises, LLC.
NICOLE ZAAGMAN assumes no liability for use or interpretation of any information or design aesthetics produced via her services. Design or branding work does not establish or guarantee any exclusive business loyalty or personal relationship with the client or employment opportunity with NICOLE ZAAGMAN. NICOLE ZAAGMAN makes no representations, warranties or guarantees verbally or in writing regarding client’s business future performance. Client understands that because of the nature of this investment and extent, the results experienced by each client may significantly vary. Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that client will reach their goals as a result of participation of working with NICOLE ZAAGMAN.
Design and branding service duration and timelines are agreed to between the client and NICOLE ZAAGMAN. The anticipated date when the engagement between NICOLE ZAAGMAN and client will end is determined by the extent and details of each project.
The one-on-one work of design and branding services will be discussed upon initial conversations of each project.
Fees are determined by the client’s project requests. ½ of the total investment selected will be required on the onset of working with NICOLE ZAAGMAN. A timeline and due dates shall be established when content is due from the client and when final deliverables may be provided to the client. A payment schedule for the remaining balance owed shall be decided upon based on proposed items selected and the timeline agreed upon. The remaining balance due at the end of agreed upon timeline prior to final files be provided to client.
Should changes and requests need to be added to the initial proposal; an additional hourly rate may be incurred per additional project request. Should client not provided agreed upon information and resources by the agreed to dates without reasonable explanation, clients project account shall be closed with initial 1/2 retainer remaining with NICOLE ZAAGMAN.
METHOD OF PAYMENT:
Payment may be received by credit card via electronic invoice or by checks made out to NICOLE ZAAGMAN Enterprises, LLC and sent to 9660 S. Division Ave, Byron Center, MI 49315.
Once the contract is signed by client and work has commenced, any retainer received and/or payments remitted; no refunds shall be issued throughout the duration, in result of unexpected termination or ending of work tenure initiated by the client. In the event that NICOLE ZAAGMAN were unable to fulfill her outlined obligations to the client through this agreement prior to commencing work on behalf of the client, a refund of any payments received in addition to the initial retainer will be refunded.
Depending on the extent of project requests, items may be delivered in person, by mail or through electronic transfer via: email, Google Drive or Dropbox.
HOURS OF OPERATION:
Check in calls or training appointments may be scheduled Monday – Friday between the hours of 11am-6pm EST. Email, messaging or other phone correspondence outside of the above allotted time frame included with project requests, will be addressed within a 48 hour business day time frame.
(Applicable for coaching) After initial retainer is received, check in call or in person appointments will be scheduled. Client is responsible to show up and be present for each interaction. Client has the opportunity to reschedule up to 24 hours in advance of scheduled call. Client has two grace opportunities to make up a check in call or appointment if accidentally missed or overlooked on their schedule. If client fails to keep the scheduled time-frame therein after the one grace opportunity, participation in working with NICOLE ZAAGMAN will be terminated and all received payments will be not be refundable.
Design and branding work deadlines are determined by the extent of each project. One-on-one work with NICOLE ZAAGMAN will become void after program time-frame has expired. For unexpected/emergency or unforeseen circumstances that the project(s) cannot be completed within the allotted time frame, NICOLE ZAAGMAN will evaluate the client’s request of an extension.
Client accepts and agrees that he/she is 100% responsible for their business progress and results from the design or branding services. NICOLE ZAAGMAN will help, guide and consult said client however, participation and action are the vital elements to the business success that relies solely on client. NICOLE ZAAGMAN makes no representations, warranties or guarantees verbally or in writing regarding client’s performance. Client understands that because of the nature of client requests and extent, the results experienced by each client may significantly vary. By signing below, client acknowledges that there may be an inherent risk of loss of capital and there is no guarantee that client will reach their goals as a result.
Conversations, experiences, stories, memories and topics covered between the client and NICOLE ZAAGMAN throughout the duration of work tenure will remain confidential. Information shared with the client on behalf of NICOLE ZAAGMAN will also remain confidential during the duration of the work together and thereafter, unless otherwise stated or approved consent has been given on both parties accounts.
NO INTELLECTUAL PROPERTY TRANSFER:
Client agrees to abstain from the transfer of intellectual property rights of any kind in regards to the information covered together, or through one-on-one coaching and information suggested or advice given to client by NICOLE ZAAGMAN through design or branding services.
NON-DISCLOSURE OF MATERIALS:
Furthermore, the client agrees to abstain from disclosing, licensing, selling or distributing program materials to any third party, organization or other individuals without permission. This includes all material covered throughout design, branding, program materials, written or verbal discussion between the client and NICOLE ZAAGMAN. The information discussed throughout work tenure is intended for a per client basis. Client has selected to invest into themselves to build their brand and is not licensed to share or disclose the information covered to other individuals via verbal or electronic communication, photographs or copying the material to distribute.
If client is negligent or engages in misconduct with a third party that results in a dispute, client shall hold NICOLE ZAAGMAN harmless and incur the expense of legal defense. NICOLE ZAAGMAN and owners, employees or contractors shall not be personally liable for the actions of the client of misuse of information, design material and elements, recommendations or advice provided through NICOLE ZAAGMAN.
LIMITATION OF LIABILITY:
Client agrees they used NICOLE ZAAGMAN’s services at their own risk and that design and branding work is only a consulting service being provided. Client releases company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that NICOLE ZAAGMAN will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of company’s services.
This agreement shall be construed and interpreted in accordance with, and governed by, the laws of the state of Michigan of the United States of America.
If a dispute arises between the client and NICOLE ZAAGMAN, this contract serves as an agreement for both parties to abstain from engaging in any and all conduct or communication designed to disparage the other including each parties affiliated company.
Should the circumstance arise that resolution cannot be resolved, NICOLE ZAAGMAN should be notified at the following address: 9660 S. Division Ave, Byron Center, MI 49315
This contract may be terminated under the following circumstances on the client’s behalf: death of client, significant unforeseen family emergencies or unexpected health related circumstances. NICOLE ZAAGMAN reserves authorization to terminate this contract at any time during the duration of work outlined, should the client not abide by the articles outlined in this agreement.
The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of any other provision of this agreement, which shall remain in full force and effect.
The client and NICOLE ZAAGMAN may not assign this agreement or any right or obligation of this agreement, by operation of law or otherwise without prior written consent of the party, which shall not be unreasonably withheld.
Client and NICOLE ZAAGMAN shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
MODIFICATION OR AMENDMENT:
No amendment to this agreement will be effective unless it is in writing and signed by both parties.
25. LICENSING AGREEMENTS AND SUBSCRIPTION:
A - NICOLE ZAAGMAN and NICOLE ZAAGMAN Enterprises, LLC will not be held liable for fees and costs incurred for licensing documents, fonts, images, icons or other commercial materials (digital or otherwise) needed for graphic design, marketing material, website development or consulting. Client will be responsible for costs incurred including additional fees in course of legal confrontation. NICOLE ZAAGMAN will in every ability work towards inquiry for these concerns ahead of time to inform client of obligated costs or fees necessary to complete project.
B - If client sends a completed design (example: company logo, icon or marketing materials, printed, digital or otherwise) to include in a new work created by NICOLE ZAAGMAN Enterprises, LLC and the material (fonts, images, icon, etc) was not licensed properly, all payments (including back fees) legal fees and complications will be assumed by client and no liability will be assumed by NICOLE ZAAGMAN Enterprises, LLC and NICOLE ZAAGMAN.
C - Any design files provided to clients from NICOLE ZAAGMAN Enterprises, LLC that include any vector or design files downloaded from Vecteezy.com may not be altered, re-distributed or re-used in any way other than for the intended specific brand/business marketing purposes (brochures, website, social media channels, cards, marketing collateral, etc). Meaning, they cannot re-use any design elements for another business or brand purpose. Should you need access to the original design files, please purchase licensing or subscription at Vecteezy.com
D - Any special commercial fonts used in files created by NICOLE ZAAGMAN Enterprises, LLC will be noted but original type files will not be included or embedded in final documents. Should you need access to fonts included in your project, we will provide instructions for you to purchase licensing directly.