Agreement between MUXWilliams, Inc., (hereinafter referred to as “MUXWilliams”), and You, the authorized representative of “The Client” (hereinafter referred to as “The Client”).
CLIENT RESPONSIBILITIES –MUXWilliams, Inc. is under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard; however, MUXWilliams, Inc. will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
ARTWORK APPROVAL, ERRORS, AND OMISSIONS – MUXWilliams, Inc. will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, MUXWilliams, Inc. is not liable for loss, expense or damage caused by any act or omission.
NATURE OF COPY – The Client agrees to exercise due diligence in its direction to MUXWilliams, Inc. regarding the preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials MUXWilliams, Inc. prepares. MUXWilliams, Inc. will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
LIABILITY – MUXWilliams, Inc. makes every effort to maintain the highest possible work standards; however, MUXWilliams, Inc. cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in any capacity. To the extent permitted by law, MUXWilliams, Inc. shall not be liable to The Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify MUXWilliams, Inc. immediately of this intention. Hours worked to that point will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be paid within 10 (ten) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.
AGREED HOURLY RATE – Where a client prefers to engage MUXWilliams, Inc. at a fixed Daily Rate, MUXWilliams, Inc. will negotiate with the client to an agreed rate which is to remain confidential between The Client and MUXWilliams, Inc. MUXWilliams, Inc. reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
OVERTIME RATE – Overtime rate is defined as 2x the standard hourly charge. The overtime rate is applicable outside the normal business hours of 9:00 am – 5:00 pm, Monday to Friday. The overtime rate also applies to any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.These terms can only be varied, amended or altered by written agreement between MUXWilliams, Inc. and The Client.
EXCLUSIVE BOOKING – Where The Client has requested the services of MUXWilliams, Inc. on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.These terms can only be varied, amended or altered by written agreement between MUXWilliams, Inc. and The Client.
MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING – A minimum of 4 (four) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is canceled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced.These terms can only be varied, amended or altered by written agreement between MUXWilliams, Inc. and The Client.