This Scope of Work Contract ("Contract") is entered into between the Client purchasing the products and services from the Contractor, Creatibly Inc.
Purpose: The purpose of this Contract is to define the scope of work to be performed by the Contractor and outline the terms and conditions governing the project.
Project Description: The Client engages the Contractor to perform the services outlined in the scope of work for each project.
Deliverables: The Contractor agrees to deliver the following to the Client the items listed in the scope of work for each project.
Timeline: The Contractor will provide the Client with regular progress updates throughout the project. The Contractor is not to be held liable for missed deadlines.
Payment Terms: The Client agrees to pay the Contractor for the services rendered as follows: 50% due upon project start, 50% due upon completion and prior to delivery to client.
Change Orders: Any changes to the scope of work must be mutually agreed upon in writing by both parties. The Contractor shall provide a detailed description of the proposed changes, including any associated costs and timelines.
Intellectual Property: Any intellectual property created or developed by the Contractor in the course of performing the services under this Contract shall be the exclusive property of the Client.
Confidentiality: Both parties agree to maintain the confidentiality of any sensitive information shared during the course of the project.
Termination: Either party may terminate this Contract upon written notice if there is a material breach of any provision contained herein. The Client shall compensate the Contractor for any work performed up to the termination date.
Independent Contractor: The Contractor is an independent contractor and is solely responsible for its own employees, taxes, and insurance. This Contract does not create an employment relationship, partnership, or joint venture between the parties.
Governing Law: This Contract shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising out of or in connection with this Contract shall be resolved through arbitration in accordance with the rules of Canadian Arbitration Association.
Waiver of Right to Sue: The Client hereby waives, releases, and forever discharges the Contractor, its employees, agents, and subcontractors from any and all claims, demands, causes of action, or liabilities, whether known or unknown, arising out of or in connection with the services provided under this Contract. The Client agrees not to initiate any legal proceedings, including but not limited to lawsuits, arbitration, or mediation, against the Contractor for any reason related to the project or its outcome.
This waiver of the right to sue shall apply to any claims, damages, losses, or expenses, including but not limited to those arising from negligence, breach of contract, or any other cause of action. It is the express intent of the Client to release the Contractor from all liability, whether directly or indirectly, arising from the performance of the services.
Notwithstanding the above, this waiver of the right to sue shall not limit the Client's ability to seek remedies or damages for any intentional misconduct, fraud, or willful breach of contract committed by the Contractor.
Refunds and Exchanges: The Client acknowledges and agrees that all services provided by the Contractor under this Contract are non-refundable and non-exchangeable. Regardless of the circumstances or reasons, no refunds or exchanges of services will be granted.
The Client understands that the Contractor commits time, resources, and expertise to perform the services as agreed upon in this Contract. Once the services have been rendered, the Client shall not be entitled to any reimbursement or replacement, whether in part or in whole.
It is the Client's responsibility to ensure that they provide accurate and complete information, requirements, and specifications to the Contractor. Any errors, omissions, or changes requested by the Client after the services have been rendered shall not obligate the Contractor to provide refunds or exchanges.
In the event of dissatisfaction with the services provided by the Contractor, the Client shall promptly communicate their concerns to the Contractor in writing. The Contractor shall make reasonable efforts to address and resolve any valid concerns, but this shall not entitle the Client to a refund or exchange of services.
This policy on refunds and exchanges applies to all circumstances, including but not limited to project delays, changes in requirements, client dissatisfaction, or any other reason.
Entire Agreement: This Contract constitutes the entire agreement between the Client and the Contractor, superseding any prior understandings or agreements, whether written or verbal.
Professional Communication and Project Cancellation: Both the Client and the Contractor agree to maintain professional and respectful communication throughout the duration of the project. It is expected that all interactions, whether verbal or written, will be conducted in a courteous and businesslike manner.
The Client acknowledges that the Contractor has the right to refuse, cancel, or suspend the project without any obligation to provide a refund under the following circumstances:
Inappropriate Language: The use of inappropriate, offensive, or derogatory language directed towards the Contractor, its employees, agents, or subcontractors will not be tolerated. The Contractor reserves the right to terminate the project immediately if such language is used.
Harassment: Any form of harassment, including but not limited to verbal, written, or electronic harassment, directed towards the Contractor, its employees, agents, or subcontractors will not be tolerated. The Contractor reserves the right to terminate the project immediately if such harassment occurs.
Threats: Any form of threatening behavior, whether physical, emotional, or otherwise, directed towards the Contractor, its employees, agents, or subcontractors will not be tolerated. The Contractor reserves the right to terminate the project immediately if such threats are made.
In the event of project cancellation due to the Client's inappropriate behavior as outlined above, no refund or compensation will be provided. The Contractor shall not be held liable for any losses or damages incurred by the Client as a result of project cancellation under these circumstances.
Both parties agree to communicate in a professional and respectful manner, addressing any concerns or disagreements promptly and constructively. In the event of any disagreements or disputes, the parties shall make reasonable efforts to resolve the issue amicably through discussion and negotiation.
Acknowledgment and Acceptance of Entire Agreement: The Client acknowledges that the purchase of products and services from the Contractor constitutes their full understanding and acceptance of the entire agreement outlined in this Scope of Work Contract. By engaging the Contractor's services, the Client agrees to be bound by all the terms and conditions set forth herein.
The Client further acknowledges that they have had the opportunity to review and seek legal counsel regarding this Contract before making the purchase. They understand that no modifications, amendments, or additions to this Contract shall be valid unless mutually agreed upon in writing by both parties.
In the event of any conflicts or inconsistencies between prior discussions, proposals, or understandings and the terms of this Contract, the terms of this Contract shall prevail.