Adult Life Ahead, it happens.
Keeping things simple and on the internet is kinda our thing.
Below is the information that you agree to when we work together, you are the Client (the “Client”) and we are Pascale Media.
Totally awesome we are about to start our next project!
SCOPE OF WORK
The Client accepts the Project Proposal (the “Proposal”, the “Project”, the “Agreement”) and the Scope of Work as outlined therein (the “Scope of Work”, the “Scope”, the “SOW”, the “Work”, the “Services”). In addition to the work detailed in the Scope, Pascale Media will provide account management, quality control, design, mechanical and technology management related to the Scope of Work.
Client understands that any work not specifically enumerated in the Scope is considered extra and will be billed at Pascale Media’s blended hourly rate of $149.99. For retainer based work outside the Scope, the first month’s retainer is due prior to the commencement of work. Subsequent retainers will be invoiced on monthly basis and are due upon receipt. A 20% monthly service charge will be assessed by Pascale Media on all past due balances. Pascale Media may increase its hourly rates and shall give written notice of such increase, which will become effective on the first day of the month following such notice.
Deposits are NOT REFUNDABLE for any reason, under any circumstance.
All Projects require a retainer fee (the “Retainer Fee”, the “Deposit”, the “Retainer”) in the amount of fifty percent (50%) of the Project total to begin services. The Client agrees to pay the remaining balance before Pascale Media will provide digital assets outlined in the SOW including but not limited to a website launch or provide any login information to access digital assets.
All major credit and debit cards are accepted; fees are applicable.
Please make all checks payable to:
51 E. Jefferson Street #2095
Orlando FL, 32802-2095
CANCELLATIONS AND REMEDIES
Either the Client or Pascale Media may terminate the Project at any time and for any reason. In the event that the Client terminates the Project prior to the completion of the SOW, Pascale Media will submit a final invoice for services rendered and costs incurred, which will be due and payable upon receipt. Client agrees to pay Pascale Media for work completed by Pascale Media at the Blended hourly rate of $149.99 per hour and will reimburse Pascale Media for any ancillary costs already incurred no later than seven (7) days after receipt of this final invoice. Deposits are NOT REFUNDABLE for any reason, under any circumstance.
The Client understands any project delays are subject to a weekly $99.99 fee for any delays for any reason under any circumstance. The delays may include but are not limited to including the transmission of information, providing assets relative to the project or responding to project communication in a timely manner.
PROJECT STATUS – SUSPENDED
The Client agrees that after thirty (30) business days without project communication that will continue a projects timeline, the projects is then considered suspended (the “Suspended Project”). The Suspended Project is subject to a $199.99 Re-Activation Fee. Pascale Media is not responsible for any communications not received including but not limited to emails, voice-mails, phone-calls, text messages or direct messages.
PROJECT STATUS – ABANDONED
In the circumstance a Suspended Project is not resolved within fourteen (14) business days, the Suspended Project has now been considered abandoned (the “Abandoned Project”). Abandoned Projects are unable to be re-activated. Deposits will be NOT BE REFUNDED and the Client agrees to pay any remaining balances due from accrued fees and/or penalties. Any further services provided by Pascale Media will require a new Proposal and Scope of Work.
The Client (the “Client”) may name an authorized representative (the “Authorized Representative”) to act on his or her behalf under the Proposal including the Scope of Work, by providing written and confirmed documentation of such authorization via project communication channels to Pascale Media.
Maintenance Plans are billed annually unless approved for a monthly payment plan; previous unused hours may be rolled over into the following month. If payment for the current month has not been received by the fifth day of the month no services shall be rendered. Late fees may apply for any payments not received by the fifth day of the month at a weekly rate of $149.99. Discontinuing Maintenance Packages must be submitted in writing at least 30 days prior to requested service termination or a termination fee of $99.99 may apply.
Hosting Plans are billed annually. If paymenthas not been received by the fifth day of the month no services shall be rendered. Late fees may apply for any payments not received by the fifth day of the month at a weekly rate of $149.99. Discontinuing Hosting Packages must be submitted in writing at least 30 days prior to requested service termination or a termination fee of $99.99 may apply.
The fee quoted in the Proposal does not include ancillary costs, including but not limited to: copy charges, printing charges, postal charges, delivery charges, long distance telephone charges, travel and entertainment costs, taxes or other fees extracted by government officials, hosting fees, or other fees and costs which Pascale Media may incur the Client’s behalf. In addition, the Client is responsible for Pascale Media’s mileage, charged at the rate set by the Internal Revenue Service, for all travel, parking, tolls, and all other travel expenses incurred by Pascale Media for out of town trips by airplane, bus, taxi, or train fares, rental car expenses, lodging and meals. Whenever possible, Pascale Media will submit ancillary costs to the Client for approval prior to incurring such costs on the Clients behalf.
Pascale Media may employ independent contractors to perform some or all of the work in the Scope of Work for the Client. All such work will be supervised by Pascale Media and approved by the Client, and the cost of doing so is included in the fee quoted in the Proposal. Client understands that any work performed by independent contractors that is not specifically enumerated in the Scope of Work is considered extra and will be billed at Pascale Media’s hourly rate.
THIRD PARTY TECHNOLOGY
Pascale Media may utilize third-party technology to perform some or all of the work in the Scope of Work for the Client. WordPress is an open-source content management system containing a library of third-party free and premium technologies including but not limited to themes and plugins. These third-party technologies are generally supported by the original creators and Pascale Media is not responsible for any functionality issues that may be experienced with the third-party technologies . Any continuing annual fees associated with the maintenance or updates of the third-party technologies is the responsibility of the Client.
All such third-party technology will be included in the fee quoted in the Proposal.
The Client acknowledges that any oral or written information exchanged among them with respect to this Agreement is confidential information. The Clientshall maintain the confidentiality of all such information, and without obtaining the written consent, it shall not disclose any relevant information to any third parties, except in the following circumstances: (a) such information is or will be in the public domain (provided that this is not the result of a public disclosure by the receiving party); (b) information disclosed as required by applicable laws or rules or regulations of any stock exchange; or (c) information required to be disclosed by any Party to its legal counsel or financial adviser regarding the transaction contemplated here under, and such legal counsel or financial adviser are also bound by confidentiality duties similar to the duties in this section. Disclosure of any confidential information by the staff members or agency hired by The Client shall be deemed disclosure of such confidential information which The Client shall be held liable for breach of this Agreement. This Section shall survive the termination of this Agreement for any reason.
For all purposes under this Agreement, the term “Work” means Pascale Media’s work product embodying the results and proceeds of Pascale Media’s services of completing the Scope of Work (the “Work”) including without limitation, all graphics, source code, work product, copyright-able works, and/or any other materials. Client and Pascale Media expressly agree that Pascale Media’s Work is a “work made for hire” under the Copyright Act, 17 U.S.C. § 101. To the extent that any Work can future may have) by operation of law or otherwise in, or to, any and all of the Work. Pascale Media agrees to execute and deliver to the Client any transfers, assignments, documents or other instruments which the Client may deem necessary or appropriate to vest complete and perpetual title and ownership of any and all Work exclusively in the Client. Not withstanding anything to the contrary, Client authorizes Pascale Media to display screenshots of the Work, in its final form and only after approval by Client, for Pascale Media’s marketing and advertising purposes only.
INTELLECTUAL PROPERTY WARRANTY
Pascale Media warrants and represents that it will not knowingly violate the intellectual property rights of any third party in its performance of the Services. The Client warrants and represents that any content provided to Pascale Media to facilitate the performance of the Services shall not violate the intellectual property rights of any third party and shall indemnify Pascale Media against any claim that results from the provision of such allegedly infringing content.
Pascale Media does not and cannot guarantee specific results such as number of page views, ranking in search engine results, number of links back, number social media of fans or followers, number of downloads, or other similar metrics related to the technology employed in the Work. The Work will be delivered to Client without any warranties whatsoever, including without limitation, any warranties of merchant-ability or fitness for a particular purpose. Client agrees that it shall hold harmless Pascale Media and its agents, employees, independent contractors, heirs, successors and assigns for any incidental or consequential damages relating to the Work.
The Client shall indemnify and hold harmless Pascale Media, its officers, directors, employees, from and against those liabilities, damages and costs relative to any errors within the technology included in the SOW. Technology is never perfect and we do our best to make sure we get it right for you. In those rare situations the technology, website or other digital asset is inoperable Pascale Media is not responsible for any liability, damage, lost profit or revenue from such circumstances.
CHOICE OF LAW; VENUE; MEDIATION.
In the unlikely event there is a dispute regarding this Agreement that cannot be amicably resolved between Pascale Media and the Client, the Client agrees to first submit to Mediation in Orange County, Florida, prior to instituting any litigation. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. Any action regarding this Agreement may be brought in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, and the undersigned consents to the jurisdiction of such courts and waives and agrees that it shall not assert that such forum is inconvenient. IN THE EVENT ANY DISPUTE SHOULD ARISE REGARDING THIS AGREEMENT, THE PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHT TO JURY TRIAL. If Pascale Media is forced to collect the Client’s account, the Client agrees to pay Pascale Media’s reasonable attorneys’ fee for such collection.
The terms set forth in this Agreement constitute our entire agreement. Any modification of the agreement must be made in writing. This agreement is binding on Pascale Media, the Client, and the respective legal representatives, employees, assigns, heirs and successors of each. Any notices to be given under this Agreement must be in writing and delivered either in person or by prepaid certified U.S. Mail. Mailed notices should be addressed to Pascale Media at 51 E. Jefferson Street #2095, Orlando, Florida 32802-2095. Mailed notices will be considered received on the fifth day after mailing. The judicial rule or doctrine of constriction requiring an agreement to be construed or interpreted to the detriment of the interests of the drafter shall not apply to this Agreement.