These Terms and Conditions (“Terms”) govern the provision of services by Carl Svedåker (“Provider,” “I,” or “Me”) to the client (“Client” or “You”). By engaging the Provider for any service, You agree to these Terms.
1. Services and Engagement
1.1 Scope of Work
The specific services, deliverables, timelines, and costs (the “Scope of Work”) will be defined and agreed upon in a separate written document (e.g., a proposal, contract, or Statement of Work). These Terms apply to all such engagements.
1.2 Changes to Scope
Any changes or additions to the agreed Scope of Work must be requested in writing by the Client and approved in writing by the Provider. This may result in adjustments to the timeline and additional fees, which must be agreed upon before the extra work commences.
2. Fees, Billing, and Payment
2.1 Fees and Invoicing
Fees are detailed in the Scope of Work. The Provider will invoice the Client
2.2 Payment Terms
Payment is due within 30 calendar days from the date of the invoice. Late payments may be subject to a late fee of 1.5% per month .
2.3 Non-Refundable Deposit (Optional)
For certain projects, a non-refundable retainer/deposit of 50% may be required to secure the Provider's time and commence work.
3. Client Responsibilities
3.1 Provision of Materials
The Client agrees to provide all necessary information, content, materials, approvals, and access (collectively, “Client Materials”) required for the Provider to complete the services in a timely manner.
3.2 Delays
The Provider is not responsible for delays in the project timeline caused by the Client's failure to provide necessary approvals or Client Materials on time.
4. Intellectual Property Rights
4.1 Client IP
The Client represents that they own or have the right to use all Client Materials provided to the Provider. The Client indemnifies the Provider against any claims resulting from the Provider's use of Client Materials.
4.2 Ownership of Deliverables
Upon full and final payment for the services, the Provider assigns to the Client all intellectual property rights in the final, agreed-upon deliverables outlined in the Scope of Work.
4.3 Provider's Right to Use
Notwithstanding the above, the Provider retains the right to use non-confidential aspects of the project, including its concepts, techniques, or final results, for self-promotional purposes (e.g., in a portfolio or case study).
5. Confidentiality
Both parties agree to treat all non-public, sensitive, or proprietary information received from the other party as confidential and will not disclose it to any third party, except as required by law.
6. Termination
6.1 Termination by Either Party
Either party may terminate the engagement by providing written notice of [e.g., 7 or 14] days if the other party breaches a material term of these Terms and fails to cure that breach within the notice period.
6.2 Payment Upon Termination
In the event of termination, the Client agrees to pay the Provider for all work completed up to the termination date.
7. Limitation of Liability
The Provider's liability to the Client for any and all claims arising out of or related to these Terms or the services provided shall not exceed the total fees paid by the Client to the Provider under the specific Scope of Work relevant to the claim. The Provider shall not be liable for any indirect, incidental, punitive, or consequential damages.
8. Indemnification
The Client agrees to defend, indemnify, and hold harmless the Provider from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of the Client’s breach of these Terms, or the use of the services/deliverables provided.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of clients state and country of residense. Any disputes arising under these Terms shall be resolved in the courts of the clients resident state.
10. Entire Agreement
These Terms, along with the agreed-upon Scope of Work, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, understandings, and negotiations.