CONTRACT TERMS

The Client is hiring ikan-ikon for the services described in this Agreement.

Terms
CONTRACT INSTRUCTIONS:
We understand that time if of the essence and some client’s just want to jump into Phase One without being concerned with all of the details, but it is crucially important to stay on the best of terms with full cooperation from both parties, so please take 5 minutes to read all of the contract terms and ask your questions now, then initial each section and sign the contract. By working with this Consultant, you agree to all of these non-negotiable terms. Thank you.

Initial each section. Sign the bottom. Click to send.

Your project will be put into the queue immediately after receipt of your signed form and consideration.
Agreement
Client agrees to the payment terms and agrees to pay all charges, fees, and expenses related to all of Client’s projects ordered through ikan-ikon. Final payment is due before project can go into print or web production and before the website can go live online. No marketing services are done until cash is in hand, contract paid in full. Prices are not negotiable. Client agrees to answer all questions asked, provide text, changes, approvals, and payments to ikan-ikon within 1-2 days at each phase of development, for every project. Client understands project cannot proceed to the next phase of development, and that work cannot get done without these things.

BOTH PARTIES
Party 1 -
(Consultant) Kristen Pflibsen of ikan-ikon.com (ikan-ikon) offers a variety of services that operate from 249 Central Park Avenue, Suite 300-26, Virginia Beach, VA 23462. Current contact information and the terms of our contract are always available on the website Contact page.

Party 2 -
The Client signing this contract.

Contract Legality (Governing Location)
ikan-ikon assists clients across the United States and works online from Virginia Beach, VA. This Agreement is subject to the laws of Virginia Beach, Virginia, USA. All contracts are subject to the laws of the jurisdiction in which they operate, including any applicable federal, state, and local laws and ordinances. In general, the contract must adhere to the law in the jurisdiction where it’s signed. Sometimes state and federal laws are not in alignment, and in those cases, the Contract Clause (Article I, Section 10, Clause 1 of the United States Constitution) will be the guiding authority.

Products and Services
ikan-ikon offers Web Site Development, Marketing Consulting, Advertising Consulting, Creative Services, Graphic Design, Printing, Event Planning, Art, Consulting and Coaching services. This contract may be for one or more services that the Consultant provides, and this contract can last for the life of the business relationship between both parties, for multiple projects.

Invoices
ikan-ikon will invoice the Client after completion of milestone(s) or the Project, unless otherwise noted in the Payment schedule. The Client agrees to pay invoice(s) by the due date(s) specified. Unpaid or overdue invoices may result in suspension or termination of the Project.

Payment methods
Payment will be made to ikan-ikon via cash, check, an approved payment card, or by any other payment method determined by ikan-ikon.

No refunds
The Client will be assumed to have accepted the Goods and Services unconditionally upon approval at each phase and final approval of the project.

Licensing
ikan-ikon promises that it holds all licenses necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal, state, or local laws and regulations.

Termination of contract
The Agreement is in effect throughout the Client/Consultant relationship. If one of the parties chooses to end the Agreement prior to Project completion, the Client is responsible for paying for all work and costs incurred up until that date.

Specifications
Project specifications with all the details of the project are in the separate document entitled Clientdoc.pdf, which is emailed to the Client after the specs conversation. This is essentially a summary of the project with some ideas as to how the project will be created, if the ideas are available at the time it is sent.

Changes and Modifications
The Client and ikan-ikon must agree to any changes to this contract in writing. The appropriate form(s) must be used and changes for approvals can be pasted into an email, in their entirety. Approvals can be submitted via email, but must have "Approved" to move forward to the next stage.

Client will review work
The Client promises to review the work product, to be reasonably available if ikan-ikon has questions regarding this project, and to provide timely feedback and decisions.

Responses
Client agrees to cooperate with the processes of development throughout all the phases and not to withhold approvals or change requests, for any reason.

Approvals for Projects
The approvals process is defined in the Project Timeline and has allocated two (2) days at the end of each phase for the Client to review the project and submit changes. Client can alter this timeline, but is to be aware that each delay adds on more time to the deadline. When a project needs to be put on hold while waiting for Client changes, they will lose their spot in the queue and ikan-ikon will need to work on other projects, then the Client's project will go back into the queue in the order it was received, and the project will pick back up where it left off. This isn't a problem, just something to be aware of, in case you need that extra time for your approvals.

Expenses
Client will reimburse the ikan-ikon for expenses incurred in the provision of any and all services under this Contract.

Offer
ikan-ikon and Client are making this Agreement.

Consideration
Consideration is the value that induces the parties to enter into the contract. The existence of consideration distinguishes a contract from a gift. Your Retainer Down Payment is the Consideration.

Mutuality
The contracting parties have “a meeting of the minds” regarding the agreement. This means the parties understand and agree to the basic substance and terms of the contract.

Processing Fees
Credit and debit card payments subject to processing fees. You can avoid this fee by paying in cash, via Western Union, Money Gram, bank-issued Cashier’s Check, or by sending a United States Post Office money order.

Payments
Client will be given one copy of the finished project. Projects include one design direction. Changes in scope of work will require extra charges. All invoices are payable immediately upon receipt. Default in payment shall cause work to stop. Invoices are not negotiable. Client’s approval shall be obtained for estimates exceeded by 10%.

Late Fees
Violation of payments may result in delays and/or cancellation of the project. 10% of the entire amount due will be added to any full or partially late payment, increasing monthly with the new net plus 10%. Fees are not negotiable.

Legal Fees
ikan-ikon has the right to recover all charges, expenses, and fees from Client for all of that Client’s projects. Client shall pay all expenses incurred during this contract, including Attorney and court fees, if that becomes a necessary action.
Cancellation Violation of any of these terms constitutes a breach of contract, and it is at the full discretion of Consultant as to whether or not the Agreement will continue. ikan-ikon can terminate this agreement and all discounted pricing if the Client does not follow the terms of the agreements. The Client shall have the right to terminate this agreement in writing AFTER the Client has paid all fees due in full to each party. A cancellation fee for work completed based on the contracted price may be necessary. Website hosting and domain names are outsourced and that cancellation fee is $85. Cancellation fees are not negotiable and are determined by ikan-ikon.

Refunds
This is a service business that provides quick turnaround services immediately upon request. The work ikan-ikon does is done as payments are made and that is time that ikan-ikon spends on client projects, so there are no refunds. If you are not completely satisfied with the work completed or services provided, you can contact us within two days of receiving your project's request for approval and the appropriate changes will be made to keep the project on track. There are no exceptions and policies are not negotiable.

Copyright(s) Work is original or consent for use has been obtained. ikan-ikon owns permanent rights to copyrights forever, for all projects, under all circumstances. Payment in full authorizes Client unlimited rights of use. ikan-ikon will not re-sell custom art or designs commissioned for that client. ikan-ikon retains rights to use all projects for marketing. Any future copyrights must comply with this agreement. The Client shall indemnify ikan-ikon against any claims and expenses, including attorney’s fees, from copyright infringements due to Client use of unauthorized graphics, logos, context, etc. Client takes full responsibility for all graphics and photos provided for use within their project(s).

Liabilities
ikan-ikon is not responsible for damages caused by a third party or by nature. ikan-ikon will make fair arrangements with Client so neither party has total loss for damages out of their control.

Broker/Client Agreement
ikan-ikon devotes all time necessary to research and negotiate options, pricing, savings discounts with subcontractor(s) using industry knowledge, providing print production design, supervises projects to ensure perfect projects. It shall not be construed that ikan-ikon is liable for Client nor subcontractor(s). Client agrees not bypass ikan-ikon, in any way, withhold any monies, contact subcontractors, or make any modifications to agreements. Alternative scenarios could renegotiate project specs and discounts thus increasing costs. The Client shall reimburse ikan-ikon for all fees arising from this assignment, including out-of-pocket expenses, sales taxes, shipping, etc. Neither party has the authority to, and expressly agrees NOT to incur any debts, renegotiations, or liabilities beyond the scope of this written agreement, nor make, alter or discharge any additional contracts, quote other rates, waive or extend the time for payment.

Contract Legal Term(s)
The Client and ikan-ikon agree to comply with all federal and state contract laws. These terms are not restrictive as to content. This Agreement is in effect immediately and shall be as long as both parties are in compliance with all terms and conditions and engaged in a professional relationship. This is the entire agreement between both parties. Should any provision of this Agreement be declared invalid in part, the remaining provisions within this contract shall remain in full effect regardless of such declaration. Any changes must be made in writing (e-mail ok). No modifications or amendments shall be binding unless approved in writing by both parties. In the event of any default, all communication MUST be in writing (email ok).

Code Destruction
If another party who does not work for ikan-ikon touches or changes the code of ikan-ikon website, ikan-ikon is not responsible for that destruction, and it will cost $83 per hour to debug the code to get it back to its original state and then make whatever changes the client wanted made in the first place.

Final Payment
Final payment is due before project can go into print or web production and before the website can go live online. When contract is paid in full, client ownership can begin. No services are done until cash is in hand. Prices are not negotiable.

Ethics
Client will not behave in unethical ways, and client understands and agrees with the terms now and forever, so that experiences working with ikan-ikon will be both efficient and affordable.

Outsourcing
All outsourcing charges and fees, including printing, shipping, website developers, etc has to be paid up front because Consultant does not take any liability for client bills.

Model Release Waivers
Consultant will provide Client with the Model Release Form so they can collect approval to use their customer' photos. ikan-ikon is not responsible for any liability for a Client's relationship with regard to the Client's customers.

Violations
Client further understands that any violation of any of these terms constitutes a breach of contract, and that ikan-ikon may decide to discontinue working with a Client who violates any of these terms and/or that Client may lose discounted pricing.

Warranty
No refunds will be provided for the work completed or services performed under this contract. Services and work completed are considered free from defects in materials or workmanship until upon final approval.

Severability
If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.

Authority to sign
Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.

Acceptance
Acceptance of contract terms are indicated by a signature. I agree to these terms and I agree to pay all charges, fees, and expenses related to all of my projects that I order from ikan-ikon.

Electronic Signature Acceptance
This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and supersedes all previous written or oral representations, agreements and understandings between the parties, whether expressed or implied. I understand and agree to honor the details within this document. By typing your name in the section below, you agree and understand that your Electronic Signature is the legal equivalent of your manual/handwritten signature.

Signatures
This contract may be signed electronically or in hard copy. If signed in hard copy, it must be returned to the Business for valid record. Electronic signatures count as original for all purposes.

By typing their names as signatures below, both parties agree to the terms and provisions of this agreement.