All services must be paid in full or have a deposit equal to half of the service, apart from using a pay later third-party service.
These Terms and Conditions provide the basis for a good working relationship between EVERYTHING & CO.. ("Cierra St. Hubert-Upshaw", "I", "Me") and you (the “Client”). These terms form an integral part of the agreement between "Cierra St. Hubert-Upshaw"/EVERYTHING & CO. and the Client.
COPYRIGHT & OWNERSHIP
EVERYTHING & CO.. retains the right to use work produced for the Client as part of my portfolio online and for promotional purposes.
Any material or ideas prepared or submitted to you from me, EVERYTHING & CO. that you choose not to accept as yours or which you have not yet paid for will remain EVERYTHING & CO..’s property (regardless of whether my work is in your possession via email or social media.) and may be submitted to other clients for their use.
RELEASE OF RIGHTS & OWNERSHIP
Upon completion of your project and payment, I, as the designer, do release and grant permission to you, the Client, to use the designs for whichever purpose suits you best. This includes printing, enlargements, social media advertisements and promotions, and usage on website pages. I also grant permission and ownership of your logo designs to you once it is completed.
A project is deemed "completed" once payment is received in full and there is no outstanding balance.
Each service and project has its own turnaround that is stated and detailed underneath the respective service. If by any chance, I, EVERYTHING & CO.., cannot honor this time, I will let you, the Client, know of any delay.
DESIGN PROCESS & REVISIONS
The design process is done in steps:
STEP 1: COLLECTING INFORMATION
I will start research and planning based on the information given to me by you for your project
STEP 2: CREATIVE DRAFTS (FIRST DRAFTS)
After planning, I will execute this plan and send the first drafts of your project for you to review.
STEP 3: REVISIONS
You will receive 2 free revisions for each service. Any additional revisions are subjected to a $20 fee which must be collected before completion and off-boarding.
STEP 4: COMPLETION & OFFBOARDING
Files will be sent as a PDF, PNG, or JPG file. As the Client, it is your duty to proofread and approve all elements of the final designs.
OFFBOARDING AND FILE FORMATTING
Files will be sent as a PDF, PNG, or JPG file. These files will be sent in folders via email or through Google Drive. As the Client, it is your duty to proofread and approve all elements of the final designs.
Once the off-boarding process is complete and all files have been sent to the Client and there are spelling or grammatical errors made on my behalf, I, EVERYTHING & CO.., will fix it free of charge. However, color revisions, word or picture changes/placements will not be revised free of charge and are subjected to a $20 fee per revision.
Once the project is completed and approved by the client, final payment is due within 24-48 hours. Files will not be provided to the client until final payment is made. Please do not book a service if you do not already have full payment available for the project.
Online payment methods that are accepted: debit card, credit card, and PayPal. Offline payment methods include Zelle, Stripe, and any third-party payment processors listed on site. If you prefer to make payment offline, you will receive an email with the invoice within 24-48 hours.
Due to the nature of this business, all sales are final EXCEPT:
If, for any reason, you need to cancel your project before the design process has begun, please notify me immediately so that this can be noted and processed correctly.
If you would like to cancel the project after the design process has begun, please notify me as to your reasoning so therefore we can come to a solution. In this case, I, EVERYTHING & CO.., reserves the right to accept or deny a refund.
If you, the Client, becomes disrespectful, difficult to work with, or harasses me during the process, I reserve the right to terminate the project with a 50% refund. You will also be banned from working with me in the future.
Both parties understand that "The Client" or Everything & Co.. may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. For projects that require deposits, if the client chooses to cancel the project before completing the deposit will not be refunded and Everything & Co.. reserves ownership of all original work completed.
Most, if not all, communication will be done via email or client portal. If for any reason you need to reach me during the design process for information or updates regarding your project, feel free to email or text me. No calls or DMs on Instagram.
“The Client” must provide all information requested for the project promptly. Should there be a delay on your behalf, naturally the project deadline will be delayed. All content and information should be sent within 7 days of the initial payment. The design process/turnaround time will not begin until payment or deposit has been received as well as all content needed for the design.
If you, the Client, fail to respond to emails and messages and no agreement has been made between you and me regarding your project after 2 weeks, the client's order will be cancelled, and no refund will be provided. This falls under our “Ghosting” policy.
After 30 days of no communication there will be a $95 restart fee. After 40 days of no communication, your project will be forfeited. If you would like to resume/restart your project, you will be subjected to a $95 fee that must be paid in full, along with the remaining balance if there is any.
I do not "chase" clients to respond to emails or messages or to pay for their services. It is your responsibility as the Client to communicate if there are any delays on your behalf and to be on top of payments once notified.
After 60 days, your project (deals, credits, and/or free offers) is forfeited, and no refund shall be issued. Your entire project is now canceled, and any design or coding will be removed from the server. Any time your project comes to this extreme decision, the company will no longer do business with your brand.
Certain information takes time to acquire to email & life happens, which we respect and will place your project to start later than scheduled if communicated. All we ask is to be courteous & keep in contact and reiterate that you need more time to gather information for the project and/or to submit changes during the revision stage.
In good effort, our team will ONLY send 1 “courtesy check-in”, if we have not heard from you within 10 days of the initial invoice.
We may purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third-party vendors.
The quotation attached does not cover any work that has to be rushed ahead of the project schedule or work outside the project scope that is to be executed on a rush basis. Rush work means work that you request us to complete within two(2) weeks of your request.
Rush fees are only for services in the Graphics & Branding Collection. The fee is $95.
By signing this policy or by expressing your confirmation in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, which is effective from the most recent date that appears in the signing page or email.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the way such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party's employees, contractors, or other personnel. Any Violation of paragraph is grounds for Termination from the program without forgiveness.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY.
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
RESPONSIBILITIES: The Client understands the Business coach cannot guarantee the Client's success. The Client also understands that it is his/her responsibility to perform the actions agreed upon. The Company does not guarantee that participants will make six-figures during and after this program.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
This contract shall be governed by the laws of the City of Atlanta in the state of Georgia and any applicable Federal law. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. Any modifications of this contract must be made by Cierra St. Hubert-Upshaw and should be in writing and signed by both parties.by purchasing this program indicates you’ve read the terms and have a full understanding of an agreement with the information outlined above.
If a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email: email@example.com
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements, and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America.