The purpose of this Agreement (“Agreement”) is to outline the mutual understanding and agreement, pursuant to which our consulting firm, Nu Business Solutions, Inc (“Firm”), has agreed to provide (“Client” or “you” or “your”) with business consulting as defined hereunder (the “Matter” or “activities” “Scope of Work” or “Scope”). This Agreement, Retainer Invoices, approved budget allocations, signed department scope terms, and confidentiality agreements when executed and delivered by the parties, represent and constitute the entire agreement between the parties as to the subject matter of those documents. All prior and contemporaneous oral and written negotiations, representations, warranties, agreements, statements, promises, and understandings with respect to that subject matter, are superseded completely expressed by these documents. No party is bound by or charged with any written or oral agreements, representations, warranties, statements, promises, or understandings not specifically set forth in such documents. These agreements
represent written documentation of this matter as verbally discussed with you, but it is prudent that our understandings be documented to prevent any confusion or misunderstanding in the future.
Project Scope of Work. The project Scope of Work also called a Project Scope is the Client submitted details,
preferences, inclusions, content, samples, reference sources, other submissions, and parameters given to guide the
project design. Renderings are generated based on the project Scopes of Work and project budgets submitted. Loose
project Scopes are defined as “Designers’ Choice” Scopes. Designers’ Choice gives Nu Business Solutions the option
to advance Scopes based on our internal recommendations for the Client project based on industry best practice and
Quotes & Estimates. Quotes and estimates are generated from the project Scopes submitted before renderings are generated. Quotes are guaranteed rates for only those services described in the quote for the project Scope of Work submitted for the generation of the quote. Estimates are general rates/prices quoted for projects for which a specific quote cannot be rendered. Quotes and estimates are to be signed and returned before the expiration date. Nu Business Solutions honors quotes 14 days from the date the email was sent. Otherwise, our packages and prices can change at any time. If a quote is rendered from an initial quote/estimate, a deposit is required to re-engage once that quote/estimate has expired or if the project Scope changes.
Point of Contact. The Client will designate one Client-side point of contact POC for the duration of the project. The POC will be the single point of communication and will oversee submitting, reviewing, authorizing, and approving all activities related to the Scope. Nu Business Solutions recommends that the Client select a team member who is decisive and clear on the Client’s mission and project goals as this person will make or report all final decisions, it is important that the POC is given the full authority to advance the project without bottlenecks. Timelines & Work Hours. The time frame for completion is based on the specific Scope parameters for digital media
and web development projects. The more complicated the project, the more time it will take. A general timeline will be set at prestart. Client understands and accepts that each change in Scope can and likely will change the expected delivery date. Website completion and delivery dates are general estimates and not guaranteed. Note: Clients with specific goals, deadlines, or launch dates should respond swiftly to requests for content materials, approval sign-offs, and revision requests. Requests are actioned during the regular 5-day work week generally 8 AM Eastern – 6 PM Eastern Monday – Friday. Clients can opt for same day or weekend services at the quoted rates for expedited services.
Payments & Fees. The full retainer is due to initiate the project for all digital media projects under $20,000. 50% of the project retainer is due upfront for Projects over $20,000. The remaining balance is payable according to the fee for service schedule referenced in the Budget Allocation. Individual requests for logos, graphics, and other individual marketing service Scopes require the full retainer payment to begin services.
Submission Requirement. It is the Client’s responsibility to provide information and easily understandable written content where needed to inform the direction of the project in advance of the commencement of a Scope. Nu Business Solutions authored content is charged at the billable hourly rate. Third party proofreading is required. It is the Client’s responsibility to provide timely feedback to progressively and substantively advance the project.
Logos, Graphic Designs, and Video Post-Production. The Client will receive the first round of design concepts via a project management task notification after Nu Business Solutions receives the marketing self-assessment and direct requests or Designer’s Choice approvals. Renderings and Revisions. A rendering is the graphic interpretation of a project Scope. A revision is a non-substantive modification as defined by the graphic designer to an existing rendering including a change to the background, shading, coloring or spacing. A substantive change to the rendering or the project Scope is considered a new rendering or a rendering request payable/due upon request.
Revisions and Re-rendering. Three revision cycles are included free of charge. The free revision period is seven days from the date the initial rendering is sent and includes all three cycles. During the free revision period the Client is expected to actively engage in the process, respond to the presentation of logos, mockups, graphic designs, presentations, videos, and web design services in writing with all revisions. There are two options to approve Scopes:
1) Do nothing and the submission will stand with an automatic approval after 3 days.
2) Report “approved,” “approved with modification” or “request changes” before the seven-day period ends. Regardless of the cycle, revisions requested after the seven-day period are charged at the regular rendering and editing rates. Requests for additional rounds of
revisions are payable at the time of the request. Re-renderings are charged and payable at the normal prevailing company design rates.
Web Hosting. Webmaster service agreements come with one year of free website hosting. Web hosting includes installing and maintaining your website on our servers for online accessibility to the public. Service renewal is payable 30 days prior to the renewal date. Annual renewal notices and invoices will precede the renewal. Webmaster Services. Webmaster service agreements include regular maintenance and updates to your platform, theme, and plugins. Some plans include allotted hours for design changes. Note: Sometimes updates may disrupt the website. When that happens, the Client may opt to roll back to a previous working version or move forward with the
upgrade making necessary website updates. Website changes in conjunctions with upgrades are new scopes of work and will be quoted and payable as such under this agreement. The Client bears all responsibility for disruptions, upgrades, or issues that arise from website changes made by the Client or their designees. Website maintenance required because of Client-side access changes are new scopes of work and will be quoted and payable as such under this general agreement.
Hacking Recommendation. The US government, financial institutions, and major businesses with advanced monitoring systems have all been hacked. Website hacking is unavoidable. We recommend Clients take preventative action by using our advanced Web Master Service agreements that monitor vulnerabilities more regularly. These precautions cannot guarantee that you will not be hacked since again website hacking is unavoidable. The precautions do position you to be more prepared for and responsive in getting your website back online and accessible if or when you are compromised. As per this agreement the Client acknowledges this reality and accepts all responsibility for implementing preventative and restorative solutions at the quotable rates.
Social Media Marketing, Email Marketing, Promotion, & Digital Advertising. When authorized The Firm can engage in sales, lead generation, and client recruitment activities on behalf of the Client. The Client understands that all strategies, concepts and implementations are experimental. Though the Firm will recommend best practice given available information and tools, advertising and lead generation, results are based on several factors (including budget, market saturation, messaging, marketability, targeting, customer service, reputation and other factors) and are not guaranteed. The Client agrees to move forward understanding the risks of advertising and promotion and understand that the Firm is paid for the service implementation and not the result of campaigns. All advertising budgets for PPC and other third- party sites are not included in the Firm’s fees and are payable directly to those third-party advertisers/companies. The Firm recommends that the Client consult their attorneys, and industry advisors before authorizing content for public promotion.
Right to Terminate. Nu Business Solutions reserves the right to refuse or break a contract without prior notice if it is believed that the Client, the design of the website, or any material is illegal, deceptive to the public, immoral, inflammatory, or otherwise unacceptable. Client will be entitled to a refund of all fees less those associated with to-date work-product.
Stalls, abandonment and re-engagement. If any project is inactive and significantly delayed over 30 days due to the Client not returning phone calls, replying to emails, responding to project management software submitted requests for feedback, etc. all work on the project will be considered stalled. If any project is inactive and significantly delayed past 30 days due to the Client not returning phone calls, replying to emails, responding to project management software submitted requests for feedback, etc. all work on the project will be considered abandoned. If a Client elects to reactivate an abandoned project, a reactivation fee of the greater of $100 or 10% of the contract will apply along with any outstanding payments, service fee changes, or the remaining project prices. Changes and edits. Once a design is finished with final approvals on file and paid in full completed designs will be kept on file for at least one year. If renderings, revisions are needed they are payable at the rates at the time of the request.
Claim Limitation. The Client agrees to make problems known immediately or within one week of Firm submissions to the Client. The Client also agrees to give the Firm adequate time to make efforts to right-side the matter.
Problems reported after one month, are deemed legally unactionable. The Client agrees that any claim or cause of action arising out of or relating to this Agreement must be filed within six (6) months after such claim of action arose or be forever barred regardless of any statute or law to the contrary. If any party brings an action arising out of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees, and any court costs incurred in such action or proceeding, in addition to any other damages or relief awarded. By paying to retain our services, attending a consultation, or commissioning any work, you agree to be bound by the marketing terms and conditions here in.
Jurisdiction. This Agreement will be governed by and construed, interpreted, and applied in accordance with the laws of , excluding its conflict of laws or choice of laws principles. The parties agree that any controversies arising under or relating to this Agreement shall be presented before the courts of North Carolina USA. Client and Firm hereby submit themselves to the personal jurisdiction of such courts in connection with any such proceedings and agree to accept service of process by mail and email.