This Agreement, is between the client filling this form, hereinafter referred to as the "Client", and the professional chosen by CLIENT, hereinafter referred to as the "Designer", representing MOLA THE STUDIO.
The Client and Designer hereby agree to the following terms and conditions:
Project Agreement & Deliverables:
1. The Client wishes to hire the designer to provide Social Media Content Creation services and hereby agrees to the following project deliverables:
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IN CASE CLIENT MARKED "1 MONTH (€700)" ON THE "PLAN OF CHOICE" FIELD:
1 Onboarding Video Call
4 content pillars for their Instagram profile
3 Carousel Designs
3 Reel video Editions
3 Photo Editions
3 Static Post Designs
2 Story Designs
Copywriting for every content
5 Highlight Cover Designs
2 personalized Manychat Automations
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IN CASE CLIENT MARKED "3 MONTHS (€1800)" ON THE "PLAN OF CHOICE" FIELD:
1 Onboarding Video Call
2 extra video calls (one per month)
4 content pillars for their Instagram profile
3 Carousel Designs (per month)
3 Reel video Editions (per month)
3 Photo Editions3 Static Post Designs (per month)
2 Story Designs (per month)
2 personalized Manychat Automations (per month)
Copywriting for every content
5 Highlight Cover Designs
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IN CASE CLIENT MARKED "6 MONTHS (€3000)" ON THE "PLAN OF CHOICE" FIELD:
1 Onboarding Video Call
5 extra video calls (one per month)
4 content pillars for their Instagram profile
3 Carousel Designs (per month)
3 Reel video Editions (per month)
3 Photo Editions3 Static Post Designs (per month)
2 Story Designs (per month)
2 personalized Manychat Automations (per month)
Copywriting for every content
5 Highlight Cover Designs
2. The Designer agrees to complete the project in accordance with the specifications outlined in this Agreement.
3. Upon completion of the project the client will receive the following files; PNG, MP4, JPG, providing there are no unpaid balances.
4. By signing this contract the Client accepts that all work produced by the designer is to be used and promoted once the client has made final payment & received files.
Payment:
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The Client hereby agrees to pay the designer the sums indicated below:
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IN CASE CLIENT MARKED "1 MONTH (€700)" ON THE "PLAN OF CHOICE" FIELD:
EUR 350 after signing the contract
EUR 350 before files delivery
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IN CASE CLIENT MARKED "3 MONTHS (€1800)" ON THE "PLAN OF CHOICE" FIELD:
EUR 600 after signing the contract
EUR 600 before 1st month files delivery
EUR 600 before 2nd month files delivery
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IN CASE CLIENT MARKED "6 MONTHS (€3000)" ON THE "PLAN OF CHOICE" FIELD:
EUR 500 after signing the contract
EUR 500 before 1st month files delivery
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EUR 500 before 2nd month files delivery
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EUR 500 before 3rd month files delivery
EUR 500 before 4th month files delivery
EUR 500 before 5th month files delivery
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Until the first deposit payment has been made by the client, the designer will not start or produce any work for the project. If the Client fails to pay the deposit within 5 days of the contract date, the agreed slot will be forfeited.
Termination & Cancellation:
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The Client can terminate this agreement before the first deposit has been paid. Once the client pays the deposit & the designer starts working on the project, the deposit is non-refundable and the client will not be entitled to a refund.
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The Client can terminate this project by providing no less than 30 days written notice to the designer. If the client wants to terminate this agreement for any reason, the client will be expected to settle any final payments for work already done by the designer which will be given in writing to the Client. Plus, a fee of EUR250 per 30 day period until the completion of the agreed initial contract period. The client will not be entitled to a refund. If the contract is terminated by the Client, all work legally belongs to the Designer unless otherwise agreed by the Designer. The client is not permitted to recreate the same design or ideas with any other Designer or Professional.
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The client will be charged for any design work completed up to that point if the project must be suspended due to unforeseen situations in business or personal matters.
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If the following circumstances arise the Designer can terminate the project immediately: a. The Client fails to respond to the Designer emails or messages for 7 days. b. The initial design style/creative direction agreed by the Client changes c. The Client fails to pay the invoice by the due date d. The Client is rude, disrespectful or makes offensive comments towards the Designer e. The Client has received several design options and solutions, but the Client is still dissatisfied and a resolution is not deemed attainable by the Designer.
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In the unlikely event that the Designer falls ill, becomes unwell, or sustains an injury, rendering them unable to complete the work by the due date, the Client and Designer will mutually agree on the project's status and deliverables. If the agreed-upon time-frame is not acceptable to the Client, they have the option to terminate the project. In the event that no design work has been completed due to these unforeseen circumstances, the Client will receive a full refund of their deposit. The Client will also be billed accordingly for any work completed by the Designer up to that point.
Process & Timeline Agreement:
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Client will be guided through the process and served in their language of choice, according to the available languages on each professional's profile on Mola's website. The chosen language can be the same as the content's or not, but content's language must also be amongs the ones spoken by the chosen professional.
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Unless the Client and the Designer have reached a different agreement, the Designer provides a single-concept process, which grants the Client one initial concept idea, subject to two revisions (one at the briefing stage and one at the file delivery stage). If the Client requires additional revisions or if the Designer deems the work more complex than originally defined, extra charges will apply, and the Client will receive written notification of such charges.
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The Client hereby accepts the following process: a. Brand Strategy Presentation, including a mood board concept for confirming the design direction, plus 4 content pillars which will be followed during the whole contract period, subject to 1 revision. b. Upon approval of the content concept, the Designer will present a content briefing per month, subject to 1 revision; and a final designed and edited content proposal per month, subject to 1 revision. All revisions and feedback must align with the initially approved design and communication style. Significant changes in the design style requested by the Client will incur an additional fee. c. Once the Client's approval is received, any additional agreed-upon deliverables will be created. d. Upon receipt of each monthly payment, the Designer will export all files, and deliver it to the Client within seven days.
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The Designer commits to commencing work on the project on the scheduled start date in the contract and to completing the first monthly pack of the project by 30 days. The Designer further agrees to meet any milestones or deadlines specified in this Agreement.
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The Designer commits to be available to discuss the project through their personal Whatsapp or E-mail on mondays, tuesdays, wednesdays, thurdays and fridays, from 10AM to 6PM in the timezone they are in.
Responsibilities:
The Client hereby agrees to the following:
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Client must provide clear brand guidelines in form of a presentation created by the professional responsible for creation of the brand's logo and visual ID. If Client doesn't have a brand manual or any guidelines (including brand elements, which fonts to use and their licenses, and color palette) there will be an extra charge of €400 for Designer to develop the brand guidelines that will be used on the content. If Client doesn't have a logo for their brand, there will be an extra charge of €700 for Designer to create a logo and develop brand guidelines based on it.
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The Client must turn up to all video calls and meetings on-time. If the client cannot make the appointment they must let the Designer know within 24 hours of the date. Failure to do so will push the project due date back and may result in project termination.
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Client must provide all raw files of videos and photos requested by Designer in order to allow th creative process to happen. Videos and photos should follow the briefed ideas on the content plan presented by Designer. Other files may be used if Designer understands they fit the content strategy proposal and visual guidelines.
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Raw video files must be sent to designer by client in up to 15 days after Designer's brief and request. Failure to do so will push the delivery of the video posts to the next month of contract.
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Raw video files must be no longer than 10 minutes each.
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The Client accepts responsibility for proof reading all design and copywriting materials, and the designer disclaims any liability for any faults or inaccuracies in the delivered deliverables. Once the project is complete and invoices have been paid, there will be an extra fee if the Client finds a mistake and requests revisions.
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The Client acknowledges that the Designer is not an expert in all cultures, belief systems, and symbolism. If the Client becomes aware of any symbolism, meaning, or connotations within the design that were not previously disclosed and that they find objectionable, the Client must promptly notify the Designer in writing, specifying the concerns. The Designer will work to address and modify the design during the design process to resolve the issues without additional cost to the Client. However, once the project has been signed off by the Client and the final payment has been made, any subsequent concerns related to unintentional symbolism or meaning will be subject to additional costs for the Client, and the Designer shall not be responsible for post-sign-off modifications or revisions related to such concerns.
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The Client must provide feedback on designs sent by the designer within 3 days & failure to do so will push the project due date back and may result in project termination. If the designer has to chase the Client more than 3 times and they fail to communicate the contract will be automatically terminated and all payments for completed and uncompleted work will be billed directly to the Client.
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The Designer cannot transfer font licenses to the Client. The Client must purchase and pay for their own font licenses to use it commercially. It is not the Designer’s responsibility to pay or provide the font file to the Client.
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The Client is in charge of organizing their timetable, and any delays brought on by this are not the Designer's fault. If the Client requires more work, or resumed work, to be completed on a rush order that results in the designer making accommodations in their schedule that go beyond typical work hours, then there will be an additional charge at a rush rate, and only accepted based on the designer’s availability. The cost for a rush order will be disclosed in written form to the Client.
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The Client is responsible for downloading the files and scheduling/posting the content on their profile. Designer will have no access to the profiles.
Ownership, Rights & Confidentiality:
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Until each payment has been made by the Client, the Designer has full ownership rights of all designs and concepts developed on the period and the Client has no rights to use the designs elsewhere.
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Any and all confidential information communicated with the Designer during the term of this Contract will remain the property of the Client. The designer is not the owner of this confidential information and is not permitted to use it for any purpose other than providing graphic design services. Following project completion & full payment the Client will own the final design deliverables and the designer agrees to assign all rights, title, and interest in the content, designs and any related materials to the Client.
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Unused concepts, ideas, materials, and designs created during the process and which are not included in the final deliverables, remain the full ownership of the Designer & cannot be shared or used by the Client.
Limitation of Liability:
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Any damages resulting from any provision of this agreement, including but not limited to lost revenue, anticipated profit, lost business, or delay expenses, shall in no event be the responsibility of either party to the other party or any third party.
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It is not Designer's responsibility to improve results in sales. Content has the only purpose of strategically entertain Client's audience.
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For any and all claims arising under this agreement, the Designer's total liability to the Client shall not exceed the total amount of the fees actually paid by the Client and received by the Designer under this agreement.
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The Designer shall not be liable for any damages, costs, or expenses, including legal fees, arising from or related to the presence of unintentional symbols or meanings within the design.
Out of Scope:
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Extra deliverables added will be regarded as outside the project's scope. The Client will need to provide this in writing, and there will be an extra charge
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The Designer has the right to decline any additional work requested by the client.
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The Designer maintains the right to change the deadline to account for the project's expanded scope if it is decided to add more work to the initial project and deliverables.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of The Federative Republic of Brazil.
Dispute Resolution:
Any disputes arising from this Agreement will be resolved through the Brazilian Court, at San Paolo's forum.
Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications.
Acceptance of Terms & Signature
Both Parties agree to the terms and conditions set forth above as demonstrated by their signatures on the contract form.