Agreement for Services

This Agreement for Services (the “AFS”) is entered into at the time of purchase by Kate K. McCarthy, LLC (“Agency”) and Purchaser (“Client”) pursuant to the terms of the Master Services Agreement (the “Agreement”), between Agency and Client which is herein incorporated by this reference. In the event of a conflict between any terms of the Master Services Agreement and terms of this AFS, the applicable terms of this AFS shall control.

Project Summary

Kate K. McCarthy, LLC will provide client-specific and connected content editing and copy makeover services for Client per package description.

Services

Agency to provide the following services:

  • Content editing and/or copy makeover services per package description
  • 1 Round of Revision with each piece of content

Exclusions

The following are not covered under this AFS and will be priced separately:

  • Additional content beyond the pieces mentioned
  • Additional rounds of edit above the 1 round included

Timeline (subject to change based upon client’s approval)

  • Executed AFS: Date of Purchase
  • All deliverables to Client for first round revisions: 3 business days – 2 weeks after Date of Purchase
  • Deliverables to Client for final approval: On or prior to 2 weeks after Date of Purchase

Client will provide timely feedback. Each Deliverable will be deemed accepted if, no later than the end of the business day, Seattle, WA time, three days after its delivery to Client, Client does not reject the Deliverable by sending Agency written notice detailing the reasons for the rejection and reasonable modification guidelines. Agency is not responsible for delays, errors or omissions resulting from Client’s action or inaction, and will not be liable for any claims related to materials, specifications, and information provided by Client to Agency for the Project.

Project Fee

Per package description.

Payment Schedule

  • Full payment is required at point of purchase, unless previously agreed upon by both Agency and Client.

Payment Terms

All payments are due upon receipt of invoice.

Change Control

Throughout any project, changes are required to deal with unanticipated incidents and/or new information that arise during the course of the project life cycle. This change control process is meant to put in place a strict process to ensure changes are tracked and approved appropriately throughout the project. In cases where changes are identified, a change request will be processed as follows:

  • The Project Manager at Agency will create a Change of Scope Order that documents the relevant information, including: change description, rationale (e.g. potential benefit), impact assessment, effort, and associated cost (if applicable) to implement the change.
  • This Change of Scope Order will be submitted to Client and reviewed for final approval.
  • For approved change requests, the Project Manager at Agency will incorporate the change(s) into the project schedule (if applicable) and communicate the change to the appropriate team members.
  • If it is anticipated that the Project will exceed estimated costs by more than 10%, then a revised estimate will be submitted for Client approval.

Expenses

Any expenses accrued through the duration of the project shall be fully reimbursed to Agency upon receipt of invoice.

Any expenses above the agreed upon package purchase price must be approved by Client.

Terms

The term of this Agreement shall remain in effect and be binding upon the parties commencing upon purchase and concluding when all aspects of the project are complete. Agency and Client have the right to mutually amend this contract and scope of work at any time.

Indemnification

In the event that Agency incurs any loss or expense (including reasonable attorneys’ fees and/or costs) as the result of any claim, suit or proceeding made or brought against Agency based upon or relating to any work which Agency has prepared for Client, with the exception of any claims based on damages alleged to have been intentionally caused by Agency, which work is either approved by you or was based on materials, statements, ideas or instructions from Client, Client agrees to indemnify Agency and to hold Agency harmless from and against any such loss or expense. The obligation to indemnify Agency hereunder shall not be deemed terminated upon cancellation.

Agency will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of this AFS. Agency’s maximum liability under this AFS shall not exceed the total fees received by it hereunder.

Non-Solicitation

The parties to this Agreement agree that no effort shall be made to solicit employees from the other party, directly or indirectly, and that no compensation of any kind may be offered or provided to any person currently compensated by the other party without prior written consent by the prior compensation provider, for the term of this agreement as described below.

Advertising/Publications

Client hereby grants Agency permission to release information with respect to the existence of the above referenced project in advertising, marketing, public relations or similar publications (such as, but not limited to, marketing brochures, press releases, case studies or references).

Confidentiality

In view of the fact that Agency’s work will bring Agency into close contact with many confidential affairs of Client not readily available to the public, and plans for future developments, Agency agrees to keep secret all matters, except for the existence of this engagement generally, and further agrees not to disclose any such matters to anyone outside of Agency throughout the term of this agreement, without written consent from Client.

Reservation of Agency Technology

Agency shall own and retain all rights to any and all programming source code, software, technology, concepts, ideas, designs, content, and other work, materials and information the creation or development of which predate this Agreement, including all modifications thereto made during the term hereof (the “Pre-existing Material”). Agency hereby grants to Client a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, distribute, display and perform Agency’s programming source code, in compiled machine readable object code form only, to the extent incorporated into the Project, strictly for the purposes and in the territories set out herein.

If the information above is to your satisfaction please sign and email back to my attention at kate@katekmccarthy.com. The terms of this agreement are accepted but shall not be binding on both parties until fully executed via package purchase.

AGREED AND ACCEPTED BY:

AGENCY

Kate K. McCarthy

Katherine McCarthy

Owner

CLIENT

Agreement and acceptance indicated at time of purchase


Agreement for Services Policy Changes

This policy was last updated on August 11, 2016.

This policy is valid at time of purchase.