- That the Client is interested in hiring consulting and services from the Consultant (Rosanna Lenci) for the development and/or management of their products, and the required platforms to promote and manage the Client’s products
- That the Consultant has the abilities and experience to provide the previous consulting and services hired by the Client
- PRINCIPLES OF CONSULTANCY
- The Client remains the owner of the commercial rights of the works delivered within the scope of this consultancy or service, (such as final images, final drawings for packaging production, final videos, and access to its own commercial platform, and social media accounts) and shall be the only one authorized to use the final products developed during and after the service provided on his behalf, and only where such products were paid fully. Final Products do not include sketches and previews of possible, logos, images, videos, and other creative intellectual property that were not chosen by the client as final chosen works, and that were not remunerated by the Client. The Consultant can commercialize non-final products when they do not infringe the NDA below regarding the Client’s products and methodologies and other information particular to the Client’s non-disclosable information and business.
- The Consultant remains the owner of the intellectual property of the designs delivered within the scope of this contract, and the Client authorizes the Consultant to use them in the portfolio of projects exclusively for the purposes of promoting the consulting services.
- The works delivered by the Consultant shall be used exclusively by the Client and shall not be sold to third parties without prior authorization of the Consultant.
- The Client also agrees not to use the material delivered to program AI, or any other Machine Learning technology to modify, publish and commercialize such intellectual production.
- The Consultant shall follow a procedure where a maximum of three sketches will be provided following colour charts, style specs, size specs, material specs, and platform specs provided by the client. A maximum of three changes to a chosen sketch are included while all other changes will be charged per hour, or for a cost specified in the fee section below.
- The Client shall provide the Consultant with all images, footage, texts, and other media, related to their product, not infringing intellectual property, and releases the Consultant from any non-compliance of the same if the images, text, or other material were provided by the Client. If the Client requires the Consultant’s services to produce media, such must be those outlined in this agreement. The production of any extra material shall be charged the amount of the Consultant’s price list, or a fee established and agreed upon by both parties.
- The Consultant shall provide the deliverables following the request by the client and shall not be deemed responsible for errors in the outcomes such as texts, numbers, codes, or Laws that apply (such as rules for packaging, or coding) that were not communicated to the Consultant. The Consultant shall not be responsible for misspellings and other text/image errors that were not corrected before the publishing of the same by the Client when such were provided by them.
- Where the Client provides the Consultant with samples for the production of promotional images, videos, and other media related to such samples, the same shall be returned to the Client. However, the Consultant is not responsible for the costs of postage, or cost of maintenance, or normal wear and tear of the samples.
- The Consultant shall provide the best service, at the best use of her abilities and tools, following the best practices known to her. However, in the case where the Client considers the outcomes are not adequate, he must provide an explanation of the situation, and when reasonable he may terminate the agreement, notifying his final decisions with a notice period no less than 20 days prior to the final project date, or the next monthly phase closure date.
- The parties shall not transfer this agreement, rights, and obligations to third parties unless agreed by both through writing.
- The Consultant uses digital tools, and digital platforms, and hires third-party printing and production previously authorised by the Client, but shall not be deemed responsible for the quality, loss, efficiency, theft, cyberattacks, hacking, damage by natural disasters, interruptions, and other situations out of the control of the Consultant of such third party owned tools, platforms and production outcomes.
- While the Consultant may provide services of design for marketing purposes, and there shall be technical measurements to track the performance of ads, posts, and other methods used to reach audiences, the Consultant is not responsible for sales performance, costs of ads, costs of publishing, effects on sales resulting from a recession, stock market changes, changes on sales platforms, or any result in the performance of the Client’s product.
While the Consultant may provide services of design for marketing purposes, and there shall be technical measurements to track the performance of ads, posts, and other methods used to reach audiences, the Consultant is not responsible for sales performance, costs of ads, costs of publishing, effects on sales resulting from a recession, stock market changes, changes on sales platforms, or any result in the performance of the Client’s product.
- NON DISCLOSURE
- For the purpose of this Agreement “Confidential Information” means any and all information, data, and any application thereof, whether oral, written, or otherwise, whether or not marked or defined confidential, including but not limited to any documentation, reports, analyses, compilations, memoranda, notes, designs, software, prototypes, product descriptions, technology, ideas, discoveries, methods, inventions, specifications, formulas, processes, programs, plans, drawings, models, codes, concepts, software, applications, network configuration, requirements, standards, financial and non-financial data, marketing data, marketing plans, trade secrets, correspondence, know-how, customer lists, prices, and all technical, scientific, or business information, intellectual and industrial property rights related thereto or that can be derived from the Confidential Information.
- The Consultant may only use the Confidential Information for the purpose of designing it as instructed by the Client and may not use it for any other purpose. Consultant shall hold the Confidential Information in strictest confidence using all available means. The Consultant shall not directly or indirectly use, disclose, publish, disseminate, copy, reverse engineer, transmit, reproduce, summarize, quote, publish the Confidential Information or any part thereof nor attempt to perform any of the above. The Consultant shall not make, directly or indirectly, commercial or any other use of the Confidential Information or any part thereof in any way. The Consultant shall apply all means to protect the Confidential Information.
- FINANCIAL PROVISIONS
- The total service fee is to be paid under this Commercial Transaction in Euros, and it will be collected with the order of purchase. Payments will be made Through the portal of by Bank Transfer. If the Client fails to pay within 5(five) days after the due date late charges of 10% shall apply every 15 days after the due date.
In the event that the Client wants to terminate this Commercial Transaction, The Client shall submit 30 days written notice to the Consultant. In this case, all debts not yet due under the Agreement become due and payable to the Consultant.
In the event that a law or regulation is passed, the operation or implementation of which would result in the non-execution of the obligation of any of the Parties to this Agreement, shall automatically result in expiration and be deemed terminated upon the date, and cannot claim compensation.
If the Client does not pay the price or the fees under this Commercial Transaction within 15 days, the Consultant reserves the right to suspend its obligation under this Agreement and immediately terminate the Agreement.