Terms and Conditions
By completing an online transaction on F28Agency.com to receive the services from F28 Agency (the "Contractor") , the customer (the "Company") agrees to the following terms and conditions:
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound hereby, the parties agree as follows:
1. Engagement; Scope of Services. Subject to the terms and conditions set forth in this Agreement, Company hereby engages Contractor to perform the services for Company set forth on the sales page and the invoice. The Services may be modified or expanded upon written Agreement of the parties.
2. Payment Terms. Company shall compensate Contractor for the Services performed in accordance with the terms set forth in the client invoice, hereto (the “Fees”), as may be updated from time to time upon written Agreement of the parties.
Please note that the fees are not a “pay-as-you-go” or “monthly program.” The fee for the services are expected to be paid in full.
If you selected the installment payment option, and your card is declined for any installment payment, you will receive an email notifying you of the declined charge and asking you to submit an updated card. If you have not provided a form of payment for a successful charge within 2 days, your project will be suspended until payment is made.
If your payment becomes 10 days past due, your project will be terminated, and your file will be turned over to collections/legal to recover the outstanding balance and late fees.
3. Term. The term of this Agreement shall commence on the date set forth above and shall continue in full force and effect until or otherwise terminated by the parties (the “Term”) in accordance with the terms hereof. Notwithstanding the foregoing, the parties may mutually agree to extend the Term. If the intake questionnaire is not completed 5 business days after project start date, Contractor reserves the right to reschedule project and adjust timeline as necessary.
Contractor reserves the right to reschedule project and adjust project timeline as necessary based upon the timeliness of client submission, feedback, and revisions. Contractor also reserves the right to reschedule project and adjust the timeline in the case of extreme personal and unforseen events.
Adjustment of the timeline does not entitle the client or Company to a refund.
Company is entitled to one (1) revision per deliverable if feedback is provided within 5 business days of delivery.
4. Independent Contractor. Contractor is an independent contractor and shall not be deemed an employee of Company. Neither party shall be responsible for the acts or omissions of the other party hereto nor the acts or omissions of the employees of the other party hereto, except for acts or omissions of the other party or such other party’s employees caused by the grossly negligent or willful acts or omissions of such party. Neither party shall have the authority to speak for, represent or obligate the other party hereto in any way without either the express prior written consent of or written ratification by the other party.
5. Intellectual Property Rights.
(a) All rights, title, and interest, including copyright interest, in any data, deliverable or other work done by Contractor that is system discovered, developed, learned, created, produced, or provided by Contractor, alone or in combination with any contractor or employee of Company, that pertain in any way to the Services, and whether arising prior to or during the Term, are the property of Company. Contractor agrees that any contributions by Contractor to the creation of such works, including all copyright interest therein, shall be considered works made for hire by Contractor for Company under 17 U.S.C. § 101 and that such works shall, upon their creation, be owned exclusively by Company. To the extent that any such works may not be considered works made for hire for Company under applicable law, Contractor agrees to assign and, upon their creation, automatically assigns to Company, the ownership of such works, including copyright interests and any other intellectual property therein, without the necessity of any further consideration.
(b) Contractor agrees that she is not entitled to any additional or special compensation or reimbursement regarding any ideas, designs, concepts, writings, discoveries, inventions, improvements, processes, procedures, techniques, or developments that are deemed to be the property of Company by the terms of this Agreement.
6. Termination and Refunds
Company has the right to terminate this Agreement for any reason or no reason upon written notice to the other party. Company is not entitled to any refunds from Contractor or payments returned via chargebacks or payment disputes from bank, financial institution, or payment processing company. All sales are final and there is a strict no cancellation/no refund policy. I understand that refunds are not available and that I am committing to this project.
7. Governing Law; Jurisdiction
This Agreement shall be governed and construed by the laws of the state of Georgia. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts of the state of Georgia for the purposes of any proceedings arising out of this Agreement.
8. Entire Agreement
This Agreement (including its exhibits) constitutes the entire Agreement of the parties pertaining to the subject matter hereof and merges all prior negotiations and drafts of the parties with regard to the transactions contemplated herein. Any and all other written or oral Agreements existing between the parties hereto regarding such transactions are expressly canceled. In the event of any conflict between this Agreement and any of the exhibits attached hereto, the terms of this Agreement shall govern.
This Agreement shall not be modified or amended except by a further written document signed by the parties. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions (including any remaining provisions within the same numbered paragraph), unless the absence of such invalid or unenforceable provision materially and adversely affects the right or obligations of either party hereto.
10. Binding Effect.
This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, heirs and permitted assigns.