Parties:
Known as "Contractor"
KGY Digital
[email protected]
395 Sawdust Dr. #3052. The Woodlands, TX 77380
(832) 512-1533
and
Known as "Client"
Absolute Home Care Service LLC
8813 N Tarrant Parkway, Ste 114.
North Richland Hills, TX, 76182
8173209762
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire KGY Digital, LLC to provide services for
Absolute Home Care Service LLC
as detailed in this Agreement. Contractor has agreed to provide such services according to the terms of this Agreement.
Terms
SERVICES
Contractor shall provide Client with the following services:
Tier 2 Web Design Service:
-Up to 10 Pages
-Professional Copywriting
-1 Year Domain (.com, .net, .org) Included
-250 Business Cards (Home Care Agencies)
-25 Trifold Brochures
-Stock Photography Included
Logo Design: This service includes the creation of a unique and professional logo tailored to your brand's identity. Our team will work closely with you to develop a design that reflects your business values and stands out in your industry. The package includes initial concept designs, and the final logo delivered in multiple formats suitable for both print and digital use.
Contractor shall provide Client with the following additional services by on an ‘as needed’ basis at the discretion of the Contractor.
Logo Design Agreement
1. Scope of Work
KGY Digital LLC agrees to provide logo design services for the Client as part of the overall web design contract. This includes:
- Initial consultation to understand the Client's brand and design preferences.
- Creation of up to 3 initial logo concepts.
- Up to 5 rounds of revisions based on Client feedback.
2. Deliverables
Upon completion, KGY Digital LLC will deliver the final logo in the following formats:
- Vector format (.ai or .eps)
- High-resolution raster formats (.png, .jpg)
3. Timeline
The logo design process will take approximately 7 business days from the date of receiving the Client’s brief and any necessary materials.
4. Payment Terms
The logo design fee is included in the overall contract, with any additional revisions or concepts beyond the agreed scope subject to additional charges.
5. Ownership and Rights
- Upon final payment, the Client will own the rights to the final logo design.
- KGY Digital LLC retains the right to use the logo in its portfolio and promotional materials.
6. Client Responsibilities
The Client agrees to provide timely feedback and all necessary information and materials required for the design process.
COST
The total cost of all Services Contractor agrees to provide to Client includes services detailed in this quotation (the “Total Cost”). Total Cost is inclusive of any setup time, software licenses, administrative fees, assistance, and subcontractor costs. Payment will be made as following:
33.33% of the total due to start the project, in the amount of $1533.18
33.33% of the total due on Design Completion, in the amount of $1533.41
33.34% of the total due on Project Launch Date, in the amount of $1533.41
ADDITIONAL REQUESTS
In the event that the client's application with the state is not approved, the client has expressed the desire to transfer this project to their Assisted Living business. The contractor acknowledges that the deposit for the project is non-refundable. However, the contractor will accommodate the client's request to transition the project to the Assisted Living business. Please note that this transition excludes logo design, as separate design fees will apply for the Assisted Living business logo due to distinct design requirements.
The client has also indicated the possibility of upgrading to the Tier 3 package at a later stage. In such an event, the contractor will charge the client the price difference for the upgrade.
Additional features which are beyond the scope of this agreement will require a separate invoice.
EXPENSES
Any additional expenses outside the scope of this agreement incurred by Contractor while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third party software licenses or products Client wishes Contractor to utilize. At the Contractor’s discretion, Contractor will make reasonable efforts to integrate Client’s suggested software or products.
CONFIDENTIALITY
Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
RELATIONSHIPS OF THE PARTIES
Contractor and any related sub-contractors are not employees, partners or members of Client’s company or organization. Contractor has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. Contractor has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Contractor.
INTELLECTUAL PROPERTY
Any and all work created as a result of Contractor’s Services is considered a work for hire and are expressly assigned to and owned by Client upon creation. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
STYLE RELEASE
Client has spent a satisfactory amount of time reviewing Contractor’s work and has a reasonable expectation that Contractor’s Services will produce a reasonably similar outcome and result for Client. Contractor will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Contractor’s current portfolio and services, and Contractor will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and final delivery is different, with different tastes, budgets, and needs;
The services provided are subjective and Contractor is a provider with a unique vision, with an ever-evolving style and technique;
Contractor will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
Dissatisfaction with Contractor’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
LIMIT OF LIABILITY
Client agrees that the maximum amount of damages they are entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Contractor’s project deposit cost as set forth in this Agreement.
INDEMNIFICATION
Client agrees to indemnify and hold harmless Contractor and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.
ASSUMPTION OF RISK
Client and related parties/ participants expressly assume any risk of the services provided and related activities as described herein.
FORCE MAJEURE
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of nature (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
GOVERNING LAW
The laws of Texas govern all matters arising under or relating to this Agreement, including torts.
NOTICE
Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
Email
Contractor Email:
[email protected]
Client’s Email:
[email protected]
Mail
Contractor’s Address:
395 Sawdust Dr. #3052. The Woodlands, TX 77380
Client’s Address:
Absolute Home Care Service LLC
8813 N Tarrant Parkway, Ste 114. North Richland Hills, TX, 76182
SEVERABILITY
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.
AMENDMENTS
The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
TITLES
The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
