Terms and Conditions

TERMS & CONDITIONS

Last updated March 9th, 2020

Project Time Frame

The content creation will begin at contract execution. The agreement to the terms and the receipt of the initial payment are required prior to project start.

Project Time Frame is an estimate based on next-day feedback, where feedback is needed. Delays in feedback beyond next-day will push the Time Frame back the same number of days as has been delayed.

Length of Project Quote Validity

This proposal and scope, including Total Project Quote amount, is valid 14 Days after proposal is sent. If accepted, the proposal is valid through the completion of the project.

Feedback and Approval

Some phases of the project require feedbacks and approval by you. Feedback is defined as a written response or oral response to questions asked by Luveaux, that are needed in order to proceed with the project.

During the approval phase, you have 2 rounds of feedback. Everything that was not addressed or mentioned during the feedback rounds, is considered approved. Any extra round of feedback will result in a redefinition of the Project Time Frame and Project Price, according to Luveaux’s schedule and availability.

A Feedback Delay is defined as failure to provide a written response to a request for feedback within 3 business days.

Feedback Delays will result in the Time Frame being pushed back the same number of days as has been delayed. Feedback Delays resulting in a total of 5 business days may result in a redefinition of the Project Time Frame and Project Price, according to Luveaux’s schedule and availability.

Any modification request to a specific phase of the project that has already been approved by you will alter the Project Time Frame and cost.

Default

Luveaux and Co will be considered in default if they fail to complete the project by providing the Deliverables as defined in the proposal.

You will be in default if they fail to provide feedback as defined within 5 business days (or a reasonable period of time depending on the complexity of the feedback requested) or fail to pay according to the Payment Schedule as defined above.

Either party may terminate this agreement if the other party is in default and has failed to correct the default within 30 days after written notice of the default.

In the event of Luveaux and Co default, you shall be immediately refunded all monies paid to Luveaux and Co for those deliverables not yet delivered. In the event of you defaulting, Luveaux shall have the right to retain all monies received by you, but shall have no right to monies not yet earned by Luveaux, and you shall receive all deliverables paid for.

The information divulged or otherwise revealed to Luveaux and Co to further that purpose is therefore confidential and must be protected from disclosure to any and all third parties, whether such third party works in your industry or not. Any disclosure of confidential information by Luveaux, its employees, contractors, representatives, partners, affiliates, owners, principles, or agents (collectively, Luveaux and Co) to any third party constitutes a material breach of this Agreement.

“Confidential Information” is defined so as to include any process, documents, methods, systems, software, firmware, hardware, algorithms, coding, designs, or procedures that is not generally known in your industry and is either (1) created, developed or utilized by you , or (2) created, written, perfected, improved upon or modified by Luveaux and Co in the course of its work under this Agreement.

Non-Defaulting Termination

In the event of a Termination of this agreement by you or Luveaux and Co that is unrelated to default by either party, ownership of all intellectual property created, acquired or otherwise generated by Luveaux and Co in the course of its work pursuant to this Agreement, shall be retained by Luveaux and Co until all money due by you pursuant to the Payment Schedule is paid to Luveaux and Co. Upon receipt of full payment, Luveaux and Co shall transfer ownership and exclusive control over all intellectual property created, acquired or otherwise generated by Luveaux and Co in the course of its work under this Agreement to you. In this Section, “intellectual property” includes, but is not limited to, any software, designs, artwork, graphics, files, systems, methods, algorithms and coding that was designed, created or generated by Luveaux and Co in the course of or in furtherance of the duties and responsibilities contemplated in this Agreement.

Contract Modifications

Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following the standard procedures of documentation and approval.

File Modifications

Luveaux and Co will not work with client-modified versions of Luveaux and Co work.

If you have questions or comments about these Terms and Conditions, please contact us at:

Luveaux & Company

West Palm Beach, FL, 33417

954-630-5131

hello@luveauxandco.com