Service Agreement
This Agreement is made between:
Company: Brands That Bloom a subsidiary of The E-Comm Assistant. Herein after referred to as Brands That Bloom.
brandsthatbloom@gmail.com or theecommassistant@gmail.com
www.brandsthatbloom.com
Services to be Provided
Brands That Bloom agrees to provide all services outlined in the invoice paid by the Client.
Terms and Conditions
Service Fees and Payment
• The Client agrees to pay Brands That Bloom the total amount agreed upon and written on the official invoice for the services provided.
• Payment is due upon receipt of the invoice, prior to service beginning.
• Please email us at brandsthatbloom@gmail.com for a copy of the invoice or payment receipt if needed.
• All services and fees are non-refundable, and no physical product will be exchanged.
Service Delivery
• Services will be delivered by the agreed upon date listed in the onboarding email sent to the client. Services will begin on the agreed upon date listed in the onboarding email sent to the client.
• Any delays or changes in the schedule will be communicated promptly.
• Clients are booked in the next available time slot unless previously agreed upon with a specific time/rush fee.
• Normal operating hours are 9 AM - 4 PM EST. Services outside these hours, on holidays, or rushed services may have additional fees. The client is responsible for notifying us of any schedule conflicts, rush services, or unavailability.
• All services will be performed virtually via computer, phone, or any other virtual means.
Confidentiality
• Both parties agree to keep any sensitive information shared during this Agreement confidential.
Non-Disclosure and Confidentiality
• We provide non-disclosure confidentiality with all tasks completed. We won't share anything we have access to, see, speak, or hear about.
• Clients should have secure systems in place, and we are not liable for the security of your systems or data while performing our duties.
Intellectual Property
• All materials and content created by Brands That Bloom remain our property until full payment is received. Upon full payment, ownership transfers to the Client.
• Our services, graphics, documents, files, and other digital items are for the Client's personal use and cannot be sold, shared, or presented to anyone else.
• Any pre-existing materials or intellectual property brought into the project by either party remain the property of the original owner.
• Our deliverables are not transferable or able to be shared, resold, or distributed in any way.
Templates and Designs
• Our templates and designs may be used with multiple brands but will be uniquely tailored to your brand (e.g., colors, fonts, logo, images).
• Exclusive designs are available upon request and for an additional fee.
Revisions and Changes
• The Client is entitled to the agreed upon amount of revisions of the delivered services as outlined in their invoice and if paid in full. Additional revisions will incur extra charges.
Scope of Services
• We only provide services as discussed and will not work outside that scope unless prior agreements are made.
• The Client understands we serve other clients and should arrange time-sensitive tasks in advance.
Scheduling and Rescheduling
• Once services are scheduled, the Client's tasks and payment are locked in.
• If the Client does not provide 72 hours (3 business days) notice to reschedule, the payment will be forfeited.
• If the Client is not prepared or does not provide all required items for the scheduled tasks, they will take responsibility for the missed service, and no refund will be provided.
• To reschedule a missed service, the Client will need to pay for the service again unless a rescheduling fee is accepted.
Client Responsibilities
• The Client will provide all resources needed for tasks to be completed, such as photography, account access, source material, email access, outlines, direction, etc.
• If the Client does not supply the required resources, they cannot hold us responsible for the incompletion of tasks.
Website Builds and Facelifts
• We will work in a free theme like Dawn, Spotlight, Refresh, or Origin themes on Shopify unless pre-discussed. We will work with advanced themes if previously agreed upon and purchased by the Client.
• More intricate themes may require additional work and an adjusted quote. Please reach out if you want to use a paid theme to see if additional cost will be applied.
Permission to Use Images
• The Client gives us permission to use images of completed work (excluding any sensitive information) for our portfolio.
• The Client gives us permission to use an image of their logo in our list of Clients provided on our website.
Written Requests and Consents
• All requests, consents, waivers, and the like will be provided in writing.
Legal Liability and Ownership
• The Client releases us from any legal liability or ownership of anything outside our control, including acts of God, natural disasters, and unforeseen circumstances.
• The Client is responsible for their business practices and content. If they choose to sell copyrighted or trademarked goods, they are liable for any legal issues, and we have no responsibility or liability.
Non-Refundable Services
• All services and fees are non-refundable. Once services are scheduled and paid for, the Client cannot terminate the contract or request a refund.
Liability
• We will not be held liable for any damages resulting from the services provided, except in cases of gross negligence or willful misconduct.
Dispute Resolution
• Any disputes arising from this Agreement will be resolved through mediation or arbitration before pursuing legal action.
Governing Law
• This Agreement shall be governed by the laws of the State of Florida, USA.
Agreement to Terms
• By paying an invoice or service fee, the Client agrees to this contract and all terms, policies, conditions, and information listed on brandsthatbloom.com/myecommassistant.com and/or agreed upon in writing via email, message, chat, or other written communication.
Holiday and Outside Business Hours
• We do not work on holidays or outside business hours unless previously arranged and a holiday fee of a minimum of $25 is provided.
Employment Status
• We and our employees are not the Client's employees. The Client does not reserve the right to issue any tax documents claiming Kelly Barter or, Brands That Bloom The E- Comm Assistant as their employee or agent. Please email us for appropriate information if you pay more than $600 and need to issue a 1099 Form for tax purposes. Our email is brandsthatbloom@gmail.com.
Amendments and Modifications
• Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
Communication
• All communications between the Client and Brands That Bloom regarding scope of services and formal requests will be conducted via email unless otherwise agreed upon in writing. If communication takes place verbally or over the phone a follow up email outlining the conversation will be sent for record keeping purposes.
Data Security
• The Client agrees to provide secure methods of sharing sensitive information (e.g., credit card details, addresses, etc). We will take reasonable measures to protect the confidentiality and integrity of any data shared. If the client provides this information in an insecure way, Brands That Bloom is not responsible for any breach of security, identity, or confidentiality.
Performance Metrics
• If applicable, specific performance metrics or deliverables will be outlined to ensure clarity and expectations.
Feedback and Reporting
• The Client agrees to provide timely feedback and approval for all work submitted to ensure efficient project completion. Unless otherwise agreed upon, same day response is required.
This Agreement is made between:
Company: Brands That Bloom a subsidiary of The E-Comm Assistant. Herein after referred to as Brands That Bloom.
brandsthatbloom@gmail.com or theecommassistant@gmail.com
www.brandsthatbloom.com
Services to be Provided
Brands That Bloom agrees to provide all services outlined in the invoice paid by the Client.
Terms and Conditions
Service Fees and Payment
• The Client agrees to pay Brands That Bloom the total amount agreed upon and written on the official invoice for the services provided.
• Payment is due upon receipt of the invoice, prior to service beginning.
• Please email us at brandsthatbloom@gmail.com for a copy of the invoice or payment receipt if needed.
• All services and fees are non-refundable, and no physical product will be exchanged.
Service Delivery
• Services will be delivered by the agreed upon date listed in the onboarding email sent to the client. Services will begin on the agreed upon date listed in the onboarding email sent to the client.
• Any delays or changes in the schedule will be communicated promptly.
• Clients are booked in the next available time slot unless previously agreed upon with a specific time/rush fee.
• Normal operating hours are 9 AM - 4 PM EST. Services outside these hours, on holidays, or rushed services may have additional fees. The client is responsible for notifying us of any schedule conflicts, rush services, or unavailability.
• All services will be performed virtually via computer, phone, or any other virtual means.
Confidentiality
• Both parties agree to keep any sensitive information shared during this Agreement confidential.
Non-Disclosure and Confidentiality
• We provide non-disclosure confidentiality with all tasks completed. We won't share anything we have access to, see, speak, or hear about.
• Clients should have secure systems in place, and we are not liable for the security of your systems or data while performing our duties.
Intellectual Property
• All materials and content created by Brands That Bloom remain our property until full payment is received. Upon full payment, ownership transfers to the Client.
• Our services, graphics, documents, files, and other digital items are for the Client's personal use and cannot be sold, shared, or presented to anyone else.
• Any pre-existing materials or intellectual property brought into the project by either party remain the property of the original owner.
• Our deliverables are not transferable or able to be shared, resold, or distributed in any way.
Templates and Designs
• Our templates and designs may be used with multiple brands but will be uniquely tailored to your brand (e.g., colors, fonts, logo, images).
• Exclusive designs are available upon request and for an additional fee.
Revisions and Changes
• The Client is entitled to the agreed upon amount of revisions of the delivered services as outlined in their invoice and if paid in full. Additional revisions will incur extra charges.
Scope of Services
• We only provide services as discussed and will not work outside that scope unless prior agreements are made.
• The Client understands we serve other clients and should arrange time-sensitive tasks in advance.
Scheduling and Rescheduling
• Once services are scheduled, the Client's tasks and payment are locked in.
• If the Client does not provide 72 hours (3 business days) notice to reschedule, the payment will be forfeited.
• If the Client is not prepared or does not provide all required items for the scheduled tasks, they will take responsibility for the missed service, and no refund will be provided.
• To reschedule a missed service, the Client will need to pay for the service again unless a rescheduling fee is accepted.
Client Responsibilities
• The Client will provide all resources needed for tasks to be completed, such as photography, account access, source material, email access, outlines, direction, etc.
• If the Client does not supply the required resources, they cannot hold us responsible for the incompletion of tasks.
Website Builds and Facelifts
• We will work in a free theme like Dawn, Spotlight, Refresh, or Origin themes on Shopify unless pre-discussed. We will work with advanced themes if previously agreed upon and purchased by the Client.
• More intricate themes may require additional work and an adjusted quote. Please reach out if you want to use a paid theme to see if additional cost will be applied.
Permission to Use Images
• The Client gives us permission to use images of completed work (excluding any sensitive information) for our portfolio.
• The Client gives us permission to use an image of their logo in our list of Clients provided on our website.
Written Requests and Consents
• All requests, consents, waivers, and the like will be provided in writing.
Legal Liability and Ownership
• The Client releases us from any legal liability or ownership of anything outside our control, including acts of God, natural disasters, and unforeseen circumstances.
• The Client is responsible for their business practices and content. If they choose to sell copyrighted or trademarked goods, they are liable for any legal issues, and we have no responsibility or liability.
Non-Refundable Services
• All services and fees are non-refundable. Once services are scheduled and paid for, the Client cannot terminate the contract or request a refund.
Liability
• We will not be held liable for any damages resulting from the services provided, except in cases of gross negligence or willful misconduct.
Dispute Resolution
• Any disputes arising from this Agreement will be resolved through mediation or arbitration before pursuing legal action.
Governing Law
• This Agreement shall be governed by the laws of the State of Florida, USA.
Agreement to Terms
• By paying an invoice or service fee, the Client agrees to this contract and all terms, policies, conditions, and information listed on brandsthatbloom.com/myecommassistant.com and/or agreed upon in writing via email, message, chat, or other written communication.
Holiday and Outside Business Hours
• We do not work on holidays or outside business hours unless previously arranged and a holiday fee of a minimum of $25 is provided.
Employment Status
• We and our employees are not the Client's employees. The Client does not reserve the right to issue any tax documents claiming Kelly Barter or, Brands That Bloom The E- Comm Assistant as their employee or agent. Please email us for appropriate information if you pay more than $600 and need to issue a 1099 Form for tax purposes. Our email is brandsthatbloom@gmail.com.
Amendments and Modifications
• Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
Communication
• All communications between the Client and Brands That Bloom regarding scope of services and formal requests will be conducted via email unless otherwise agreed upon in writing. If communication takes place verbally or over the phone a follow up email outlining the conversation will be sent for record keeping purposes.
Data Security
• The Client agrees to provide secure methods of sharing sensitive information (e.g., credit card details, addresses, etc). We will take reasonable measures to protect the confidentiality and integrity of any data shared. If the client provides this information in an insecure way, Brands That Bloom is not responsible for any breach of security, identity, or confidentiality.
Performance Metrics
• If applicable, specific performance metrics or deliverables will be outlined to ensure clarity and expectations.
Feedback and Reporting
• The Client agrees to provide timely feedback and approval for all work submitted to ensure efficient project completion. Unless otherwise agreed upon, same day response is required.