Services Agreement
This contract is made by and between ________________________________________________________ located at __________________________________________________________________________________, herein known as “Client” and Alice Grimm, herein known as “Contractor”.
Client desires to retain Contractor as an independent contractor to perform resume consulting and development services; Contractor is willing to perform such services, on terms set forth more fully below. In consideration of the mutual promises contained herein, the parties agree as follows:
- Services
- Contractor agrees to perform for Client those services described in Exhibit A incorporated herein by reference (the “Services”). The parties may delete, add or substitute Services, extend the Term, or alter the terms of compensation by amending Exhibit A, provided that such amendment shall be signed by an authorized representative of both parties and shall indicate whether it is to replace or alter the existing Exhibit A.
- Contractor is authorized to perform the Services under this Agreement only upon the request or at the direction of, and shall report solely to, a Principal of Client and/or his or her designee.
- Compensation
- Client agrees to pay Contractor the compensation set forth in Exhibit A for the performance of the Services (“Fixed Compensation”). Such Fixed Compensation shall be payable on the schedule set forth in Exhibit A.
- Client shall reimburse Contractor for reasonable pre-approved travel, living, and other expenses incurred by Contractor in connection with the performance of Services here under. All tangible materials purchased by Contractor and reimbursed by Client under this provision shall be the property of Client and upon request by Client; Contractor shall assign ownership in, and deliver, any such equipment to Client.
- Client acknowledges they have a customized and specific contract design for their specific business needs.
- Intellectual property ownership
- To the extent that the work performed by the Contractor under this Agreement (“Contractor’s Work”) includes any work of authorship entitled to protection under copyright laws, the parties agree to the following provisions.
- Contractor’s Work has been specially ordered and commissioned by Client as a contribution to a collective work, a supplementary work, or other category of work eligible to be treated as a work made for hire under the U.S. Copyright Act.
- Contractor’s Work shall be deemed a commissioned work and a work made for hire to the greatest extent permitted by law.
- Client shall be the sole author of Contractor’s Work and any work embodying the Contractor’s Work according to the U.S. Copyright Act, upon full payment of the negotiated compensation as described in Appendix A.
- To the extent that Contractor’s Work is not properly characterized as a work made for hire, Contractor grants to Client all right, title, and interest in Contractor’s Work, including all copyright rights, in perpetuity and throughout the world.
- Contractor shall help prepare any papers Client considers necessary to secure any copyrights, patents, trademarks, or intellectual property rights at no charge to Client. However, Client shall reimburse Contractor for reasonable out-of-pocket expenses incurred.
- Contractor agrees to require any employees or contract personnel Contractor uses to perform services under this Agreement to assign in writing to Contractor all copyright and other intellectual property rights they may have in their work product. Contractor shall provide Client with a signed copy of all such assignments.
- Contractor hereby waives any and all moral rights, including the right to identification of authorship or limitation on subsequent modification that Contractor has or may have in any materials or other deliverables assigned to Client here under.
- All of the provisions of this Section 3 shall be effective only upon full payment of all Fixed Compensation due pursuant to Section 2 and Exhibit A.
- To the extent that the work performed by the Contractor under this Agreement (“Contractor’s Work”) includes any work of authorship entitled to protection under copyright laws, the parties agree to the following provisions.
- Originality and Non-infringement
- Contractor represents and warrants that the Work Product and all materials and Services provided by Contractor here under will be original with Contractor or its employees or contract personnel, or shall be in the public domain and that the use thereof by Client or its customers, representatives, distributors, or dealers will not knowingly infringe any patent, copyright, trade secret or other intellectual property right of any third party.
- Contractor agrees to indemnify and hold Client harmless against any liability, loss, cost, damage, claims, demands, or expenses (including reasonable outside attorney’s fees) of Client or its customers, representatives, distributors, or dealers arising out of any breach of this paragraph.
- Confidentiality
- “Confidential Information” means the Work Product and any Client proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed by Client either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment.
- Contractor and its employees and consultants shall hold all Confidential Information in the strictest confidence and shall not, during or subsequent to the term of this Agreement, use Client ‘s Confidential Information for any purpose whatsoever other than the performance of the Services on behalf of Client . Confidential Information does not include information that (i) is known to Contractor at the time of disclosure to Contractor by Client as evidenced by written records of Contractor, (ii) has become publicly known and made generally available through no wrongful act of Contractor, or (iii) has been rightfully received by Contractor from a third party who is authorized to make such disclosure. Without Client ‘s prior written approval, Contractor shall not directly or indirectly disclose to anyone the terms and conditions of this Agreement. Contractor may disclose that it is “working with” Client, but shall not otherwise characterize the nature or scope of the Services.
- Contractor agrees that it will not, during the term of this Agreement, improperly use or disclose any trade secrets of any former or current employer or other person or entity with which Contractor has an agreement or duty to keep in confidence information acquired by Contractor in confidence, if any, and that Contractor shall not bring onto the premises of Client any unpublished document or proprietary information belonging to such employer, person, or entity unless consented to in writing by such employer, person, or entity.
- Contractor recognizes that Client has received, and in the future will receive, from third parties their confidential or proprietary information subject to a duty on Client’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. Contractor agrees that Contractor owes Client and such third parties, during the term of this Agreement and thereafter, a duty to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm, or corporation or to use it except as necessary in carrying out the Services for Client consistent with Client’s agreement with such third party.
- Upon the termination of this Agreement, or upon Client’s request, Contractor shall deliver to Client all of Client’s property and Confidential Information in tangible form that Contractor may have in Contractor’s possession or control.
- Conflicting obligations
- Contractor certifies that Contractor has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude Contractor from complying with the provisions hereof, and further certifies that Contractor will not enter into any such conflicting agreement during the term of this Agreement.
- Term and termination
- This Agreement shall be effective as of the date Contractor first performed the Services. This Agreement shall continue until the date specified in Exhibit A or termination as provided below (“Term”).
- Either party may terminate this Agreement without cause upon ten (10) days prior written notice to the other party.
- If Client terminates (except for Contractor’s uncured material breach of this Agreement) Client will pay Contractor for all services or expenses actually incurred up to the date of termination.
- Sections 3 and 4 shall survive termination of this Agreement.
- Assignment
- Contractor acknowledges that the services to be performed here under are of a special and unique nature. Neither, this Agreement nor any right here under or interest herein may be assigned or delegated by Contractor without the express written consent of Client. Any such attempted assignment shall be void.
- Independent contractor
- Contractor shall perform the Services here under as an independent contractor. Nothing in this Agreement shall in any way be construed to constitute Contractor as an agent, employee, or representative of Client . Since Contractor is not an employee of Client, it is understood that neither Contractor nor any of its employees are entitled to any employee benefits during the Term. Contractor shall pay all necessary local, state, or federal taxes, including but not limited to withholding taxes, workers’ compensation, FICA, and unemployment taxes for Contractor and its employees. Contractor acknowledges and agrees that Contractor is obligated to report as income all compensation received by Contractor pursuant to this Agreement, and Contractor agrees to indemnify Client and hold it harmless to the extent of any obligation imposed on Client (i) to pay withholding taxes or similar items or (ii) resulting from Contractor’s being determined not to be an independent contractor. In the performance of all Services here under, Contractor shall comply with all applicable laws and regulations.
- Equitable relief
- Contractor agrees that it would be impossible or inadequate to measure and calculate Client ‘s damages from any breach of the covenants set forth in Sections 3, 5, or 6 herein. Accordingly, Contractor agrees that in the event of such breach, Client will have, in addition to any other right or remedy available, the right to seek to obtain from any court within Pueblo County, Colorado an injunction restraining such breach or threatened breach and specific performance of any such provision. Client is limited to monetary damages equal to any funds that may have been paid at the time of the breach.
- Miscellaneous
- This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of the Agreement shall be valid unless in writing and signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. Neither party shall have any liability for its failure to perform its obligations here under when due to circumstances beyond its reasonable control. This Agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. This Agreement is governed by the laws of the State of Colorado without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Pueblo County, Colorado, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts
Exhibit A
Services to be performed by Contractor.
Contractor shall perform and Client shall pay for the following services:
Core Services:
- Resume Writing & Editing: Professional writing and formatting of resumes and cover letters.
- Two Distinct layouts
- Entry-level: $100-$300
- Mid-level: $300-$500
- Executive-level: $500-$700
- Two Distinct layouts
- Content Creation: Production of various content types (blog posts, articles, website copy, etc.).
- Blog post: $50-$200 -> up to 500 words
- Article: $100-$500 -> up to 1,200 words
- Website copy: $500-$2,000 ->up to 2,500 words
- Proofreading & Editing: Thorough review and correction of written content.
- Hourly rate: $25-$50 per hour
- Web Design & Development: Creating and maintaining websites.
- Website design: $500-$5,000 -> up to 7 pages
- Website development: $2,000-$20,000 -> Depends on size of website and content required.
Complementary Services:
- SEO Optimization: Improving website visibility in search engine results.
- One-time setup: $500-$1,000
- Monthly retainer: $250-$1,000
- Social Media Management: Managing social media accounts and creating engaging content.
- Monthly retainer: $250-$1,000 -> up to three social media accounts
- Email Marketing: Designing and sending email campaigns.
- One-time campaign: $250-$1,000 ->You must provide the email list.
- Monthly retainer: $1,000-$5,000 ->Weekly/Monthly Newsletter, Sales, Surveys
- E-book Writing & Publishing: Writing and self-publishing e-books.
- E-book writing: $500-$2,000 -> up to 100 pages, Client supplies the graphics
- Consulting Services: Offering expert advice on branding, marketing, and content strategy.
- Hourly rate: $100-$250
- Monthly Retainer: $3,000 – $6,000
Additional Services:
- Domain Name Registration:
- Typically around $15 per year.
- Web Hosting:
- Shared Hosting:
- Basic plans: $6 per month
- Advanced plans: $15 per month
- VPS Hosting: $20-$100 per month
- Dedicated Hosting: $80-$500 per month
- Cloud Hosting: $10-$200 per month
- Shared Hosting:
Domain name registration and hosting can vary, please consult with AE Grimm Services for your specific needs.
Term.
The Term shall commence on the date hereof and terminate one year (12 months) after the date of signature by both parties, whichever is later.
Invoice schedule.
Contractor shall invoice Client as follows:
- At the end of each month
- Invoices will be sent through PayPal and are payable with any major credit card.
Payment schedule.
Payment shall be made within ten (10) days of Client’s receipt of Contractor’s invoice. If contractor is not paid within this time limit a 5% late fee will be added to the invoice.
Accepted.
Client understands Contractor has no control of any of the companies to which client may apply and can make no guarantee of job placement.
Client agrees and understands Contractor has no control over the cost of domain name registration and hosting and agrees to the invoiced price.