This website is owned and operated by Lexi D’Angelo Coaching LLC dba Brand Party, a Massachusetts company.
This Website Usage Agreement (“Agreement”) is between a User (“you,” “your”) and the owners of Lexi D’Angelo LLC dba Brand Party (“we,” “our,” “the company”). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.
You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Lexi D’Angelo Coaching LLC dba Brand Part (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at email@example.com and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
MOBILE DEVICE DATA
If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.
On occasion, You may give Us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.
HOW WE USE YOUR INFORMATION
Your information allows Us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow Us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).
Specifically, We may use the information and data described above to:
Create and administer Your account; and
Deliver any products or services purchased by You to You; and
Correspond with You; and
Process payments or refunds; and
Contact You about new offerings that We think You will be interested in; and
Interact with You via social media; and
Send You a newsletter or other updates about Our company or website; and
Deliver targeted advertising; and
Request feedback from You; and
Notify You of updates to Our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
Compile anonymous statistical data for Our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on Our website or mobile app; and
Analyze trends to improve Our website and offerings.
GROUNDS FOR USING + PROCESSING YOUR DATA
The information We collect and store is used primarily to allow Us to offer goods and services for sale. In addition, Brand Party may collect, use, and process Your information based on the following grounds:
LEGITIMATE BUSINESS INTERESTS
We may use and process Your data for Our legitimate business interests, which include, among other things, communicating with You, improving Our goods or services, improving Our website, and providing You with the information or products that You have requested.
Performance of a Contract: We may use and process Your information to enter into a contract with You and to perform Our contractual obligations to You.
Consent: We may use Your data, or permit selected third parties to use Your data, based on Your consent to Our use and sharing of that data. You may withdraw Your consent at any time, but doing so may affect Your ability to use Our website or other offerings.
As required by law: We may also use or process Your data as required for Us to comply with legal obligations.
Our website may include hyperlinks to other websites not controlled by Us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than We do.
At times, personal information, such as your name and email address are collected in exchange for our content and/or products. We will never force you to give us this information; such activity is strictly voluntary.
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means.
COOKIES, LOG FILES AND WEB BEACONS
Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
THIRD-PARTY PRIVACY POLICIES
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?
The owner of this website is Lexi D’Angelo LLC dba Brand Party™. Our email address is firstname.lastname@example.org.
You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted in to such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring ‘white-listing’ of our email address.
If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Brand Party, related courses, or any of our other properties.
INTELLECTUAL PROPERTY (IP) OWNERSHIP
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Brand Party or any of our other properties or to our licensors (“IP”). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.
GUARANTEES, LIABILITY AND DISCLAIMERS
While we endeavor to ensure that our website content is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Brand Party or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
We (Lexi D’Angelo Coaching LLC dba Brand Party) make(s) no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products or participation in our affiliate program. Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.
We reserve the right to link to products or services for which Lexi D’Angelo Coaching earns a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclaim affiliate links in articles, resources and similar communications.
LIMITATION OF LIABILITY
To the extent legally permitted, in no event shall Brand Party, courses, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.
If you are using our products for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.
Although we endeavor to prevent the introduction of viruses or other malicious code (together, “malicious code”) to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
We reserve the right to amend this Usage Agreement and Disclaimer as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by you of any changes to this Agreement. We will endeavor to inform you of any changes made to this Agreement via email.
If you provide us any feedback about our websites or any products, you grant us the right to use that feedback for the purpose of improving our websites or Affiliate Program (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide acknowledgment of their source.
SEVERABILITY, HEADINGS & MERGER
Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
We reserve the right to share screenshots and the words of any praise and testimonials about our Company, Products, Services, Projects, and the like, and share these on our website, social media, marketing and advertising materials.
Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
This Agreement is governed by the laws of the state of Massachusetts the United States of America (USA) and the courts of Massachusetts, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
ALL RIGHTS RESERVED
All rights not expressly granted in this Agreement are reserved by us.
If you do not see a usage scenario here that applies to your intended usage, or for any questions about our branding guidelines, contact us at email@example.com.
THEME OR PRODUCT LICENSE
By purchasing your website theme or any product from Brand Party™, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of Our theme(s)/product(s), or if you imply that anyone who gets access to our theme(s)/product(s) has the right to use it for his/her/its commercial purposes, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our theme(s)/product(s) permanently.
In a nutshell, if you purchase a theme or product, you are not allowed to share it with your biz besties, clients, dog, etc. If they need a website theme or are looking to purchase a product in our shop, We recommend you become an affiliate by clicking here and give them the opportunity to purchase a theme or product through your link.
By purchasing a website theme from Brand Party, You agree to display “Designed by Brand Party” or “Theme Created by Brand Party” in the footer of that website theme. If you would like this to be removed, you agree to pay $997 for the removal. If we discover that it has been removed without payment, you will still be charged $997.
SPECIFIC PRODUCT GUARANTEES & WARRANTIES
PRIVATE 1:1 CALLS WITH BRAND PARTY / LEXI D’ANGELO
• Sessions must be used within 45 days of original purchase unless otherwise agreed upon or stated.
• If you cancel within 24 hours your session will be forfeited.
• If you reschedule more than once you forfeit your session.
• Sessions will be recorded for you to reference later unless you do not wish to utilize this benefit; we reserve the right to delete the recording 7 days after your session. We are not responsible for any session recording malfunctions.
BRAND PARTY WEBSITE THEMES:
CANCELLATIONS, REFUNDS & RETURNS
Due to the digital nature of all purchases, we do not offer refunds.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the product, please do not accept that the site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
TECH SET-UP ADD-ON:
By purchasing Brand Party’s Tech Set-Up add-on (also referred to as “installation,” “tech set-up,” “install service,” or other variation of the terms), you agree to the following terms as outlined below.
We aim to complete the tech set-up within 2 weeks from time of purchase; however please understand that this timeframe is not guaranteed. While we aim for less, actual time to completed installation may be longer than 2 weeks; although infrequent, no compensation will be provided for delayed completion of services. In addition, please note that installations are only performed from Monday – Friday, and are not performed on weekends and select holidays. In that case, the installation will be completed the following business day.
Your own domain name with hosting
Admin level login credentials provided within 72 hours of purchase
The Tech Set-Up add-on includes:
Installation of WordPress
Connection to hosting company
Upload, installation, and activation of the purchased WordPress theme
Installation and setup of Divi framework
Configuration of website to match the look and appearance of the theme’s respective demo site
Installation and activation of all recommended plugins
Connection and configuration of email platform
The Tech Set-Up add-on does not include:
Migration or upload of any existing website content or imagery
User specific configuration of the theme, including social media links, contact forms, logos, etc.
Customization of the theme in any form, including changes to the content, colors, layouts, functionality, etc.
Revisions of any kind
Purchase or setup of a domain name
Purchase or setup of server hosting
Installation of WordPress.org
Purchase of a Theme from the Brand Party shop is required with the service.
Theme and installation service must be purchased directly from https://thebrandparty.com
Brand Party reserves the right to decline or cancel any install order at any time.
In the event of an install order being cancelled, you will be refunded the total value of the installation service.
Due to the nature of digital goods, you will not be refunded the value of the selected theme files.
SEMI-CUSTOM WEBSITE PACKAGE
What do both parties agree to do?
You have the authority to enter into this contract on behalf of yourself, your company or your organization and you agree to abide by it.
You’ll give us everything we need to complete the project when we need it and in the format we need it.
You’ll review our work and provide feedback and approval in a timely manner (See Timeline section below for more details).
You agree to pay $4,500 (the “Payment Amount”) for a Sassy Temple or Cosmicpolitan theme. You may pay in full OR 50% will be paid upfront before we start the work. 50% will be paid at the completion of your project, but before we hand over final brand and website files.
You agree to pay $5,500 (the “Payment Amount”) for a Brandy Party theme. You pay in full OR 50% will be paid upfront before we start the work. 50% will be paid at the completion of your project, but before we hand over final brand and website files. If purchasing from www.thebrandparty.com you will only be charged $4,500 initially, and will need to pay a remaining $1,000 at the completion of your project.
If you choose to add any add-ons to your package, those will be adding to your final bill.
Lexi D’Angelo Coaching LLC:
As an independent contractor (and not an employee or any other sort of agent that would constitute work-for-hire), Lexi D’Angelo Coaching LLC has the experience and ability to complete the brand development work for your business in a professional and timely manner as detailed below.
Lexi D’Angelo Coaching LLC will maintain the confidentiality of everything you give it.
In-depth Website + Brand Identity Questionnaire
Pinspiration Party Assignment
Personal Party Planner
(1) 60-minute deep-dive Brand Identity + Website Strategy Call
Strategy + copy prompts to help you structure and optimize your website for maximum conversions.
Website Reveal Party (we’ll go live on our social media platforms to share your brand spankin’ new website with our audience)
All 9 pages of the website theme fully customized for your brand
(2-3) Custom Brand Textures/Patterns
(7-9) Branded Icons or Graphics
Final Project Files
WEB DESIGN + TECH
Installation of WordPress.org
Connection to hosting company
Upload, installation, and activation of the purchased WordPress theme
Installation and setup of Divi framework (usually $249 for life, but free with purchase of this package)
Configuration of website to match the look and appearance of the theme’s respective demo site
Installation and activation of all recommended plugins
User specific configuration of the theme, including photos, fonts, graphics, copy, social media links, contact forms, logos, etc.
Customization of the theme in any form, including changes to the content, colors, layouts, functionality, etc.
Connection and configuration of forms + opt-ins to email platform
Instructional tutorial videos and documentation if you ever want to easily customize or change something on your site
Lifetime customer support to get all your burning questions answered
If you want to include add-ons to your project, here are some of the available add-ons that will be an additional cost:
Logos + submarks
Additional branding graphics and icons
Instagram graphic templates
Pinterest graphic templates
Podcast cover art
Email signature graphic
Workbook cover design (and pages)
Messaging + brand positioning intensive
Custom development to the website theme
Office hours are Monday-Friday: 10:00am – 4:00pm EST.
All work on this project will be completed during those hours unless otherwise determined by Lexi D’Angelo Coaching LLC.
Please note that Lexi D’Angelo Coaching LLC requires all calls to be scheduled. If you would like to schedule a phone or Zoom meeting please let us know. See “What’s Included” section above to see how many calls are part of your Payment Amount. Any additional calls beyond what’s included will be billed at an hourly consultation fee of $300 and beyond the Payment Amount.
All requests regarding this project must be received via email sent to firstname.lastname@example.org or via project management software (if we’ve decided to work together that way).
Lexi D’Angelo Coaching LLC does not accept requests via phone, Facebook, tweets, or other forms of communication.
ACCEPTANCE OF PROJECTS
All requests for new projects or additions to projects after the start date are subject to approval by Lexi D’Angelo Coaching LLC and our availability. This contract in no way obligates Alexis D’Angelo or Lexi D’Angelo Coaching LLC (or its contractors and employees) to accept a request. If Lexi D’Angelo Coaching LLC is unable to take on a request, we will refer you to another designer/developer who will have their own contract and policies for you to sign.
IMAGES, PHOTOGRAPHS, COPY
You will supply all brand images, photography, and copy within 10 days of your project start date. Please share via GoogleDrive to email@example.com.
You should supply photographs in a high-resolution format. If you choose to buy stock photographs, Lexi D’Angelo Coaching LLC can suggest stock libraries. If you’d like Lexi D’Angelo Coaching LLC to search for photographs for you, we can provide a separate estimate for that because it is not included in the Payment Amount.
Website copy is NOT included in this package. It is up to you to write your own copy and provide ALL completed copy 10 days prior to the start date of your project. No changes to your website copy can be made after submission. If final copy is not provided, we will use placeholder text and it will be your responsibility to change the copy yourself after the completion of the project.
Lexi D’Angelo Coaching LLC cannot guarantee with 100% certainty that its work will be error-free so you will have one opportunity to review our work and make changes to the completed theme presented to you. These changes can only fix any errors and/or make the branding and design match your vision more closely if we missed something.
If additional revisions are necessary, they can be added as an additional project after the original design is completed and will cost extra.
Sometimes an unforeseen issue creeps up, and it’s outside of Lexi D’Angelo Coaching LLC’s abilities to handle it effectively. Because of this, Lexi D’Angelo Coaching LLC may (on occasion) hire a subcontractor who can help with the problem, since hiring someone who is an expert in a particular field is far more efficient than Lexi D’Angelo Coaching LLC trying to learn it on your dime. Lexi D’Angelo Coaching LLC reserves the right to do this when it’s necessary, and the subcontractor’s rights and liabilities will match this agreement.
After the project’s completion, no additional support will be provided.
THIS IS IMPORTANT: Lexi D’Angelo Coaching LLC is not responsible for any problems that may arise from lost or corrupted files or websites after they have been sent to the client. Lexi D’Angelo Coaching LLC is not responsible for saving any client design files past the project completion date. Please make sure that you’ve securely saved your design files in multiple places—your hard drive, external hard drive, and cloud software are recommended. Lexi D’Angelo Coaching LLC is also not responsible for maintaining your website or for anything that may happen to your website after the project completion. Please make sure that you are backing up your website files on a consistent basis.
No maintenance is included in this contract.
EMERGENCIES AND RUSH REQUESTS
This contract does not cover emergency work. Lexi D’Angelo Coaching LLC can perform “rush” projects (subject to availability and approval) at an additional fee, but please understand Lexi D’Angelo Coaching LLC is not “on call” and all requests, no matter how urgent, are subject to approval and scheduling during normal work hours.
Please send all rush inquires to firstname.lastname@example.org with “RUSH REQUEST” in the subject line and we will respond as soon as possible during normal work hours.
Please do not call, tweet, Facebook message, post on our Facebook wall, or otherwise try to increase response time to your request. Doing so may result in termination of our working relationship.
Sometimes you might want to add things on to your project that weren’t included in this original agreement or Payment Amount. That’s totally fine, but you must agree to reimburse Lexi D’Angelo Coaching LLC for any additional expenses necessary for the completion of the additional request. Examples include but aren’t limited to:
Purchase of specific photography at your request.
Additional graphics and design to the project scope.
Additional calls and consultation through email or social media.
Lexi D’Angelo Coaching LLC reserves the right to reuse and re-license portions of what it’s done for you, as long as these portions are general solutions to common problems (and not specific to your project). Lexi D’Angelo Coaching LLC will also retain ownership of all intangibles: knowledge about solutions to problems, methods and/or designs used in the project.
Lexi D’Angelo Coaching LLC loves to show off its work and share what it has learned with other people, so it reserves the right to display and link to your project as part of its portfolio and to write about it on websites, in magazine articles, and in books.
PAYMENTS AND PAYMENT SCHEDULE
We’re sure you understand how important it is as a small business that you pay the invoices that Lexi D’Angelo Coaching LLC sends you promptly.
100% of additional expenses must be paid in full at the time of project completion. This would be anything extra you added on in addition to the remaining project total.
All invoices will be sent via email. You’ll complete payment for any invoices Lexi D’Angelo Coaching LLC sends you within 7 days from the date of the invoice. Payments may be made via PayPal, Stripe or credit card only. If payment is late, a late fee of $150 will be added to the invoice, and no further services will be provided until the invoice (and late fee) is paid in full.
If unforeseen issues pop up and extra work needs to be done, the hourly rate is $150 per hour, billed in 30-minute increments. Lexi D’Angelo Coaching LLC will keep track of any time spent and provide you with that accounting along with the invoice you’ll get. We won’t blindside you with hourly fees – we’ll be sure to discuss (and agree to) these issues and solutions before the work is done and this pops up on your bill.
A caveat: any request for work to be completed with less than 24-hour notice before the deadline will be billed at the rush rate which is double the hourly rate ($300 per hour).
Sometimes things just simply don’t go the way we expect them to. If at some point either of us decides our working relationship is failing, then we can submit the desire to part ways in writing and payment for all work completed at that point will be due. Deposits are non-refundable and will not be returned. All fees for the Services are non-refundable. In the event Client or Company terminates this agreement, Client agrees to pay Company for the services performed, in addition to any expenses incurred by Company for Client, as of the date of termination. The amount due for Company’s services will be the greater of (a) the deposit or first payment, (b) a prorated portion of the total fees due, or (c) hourly fees at $150 per hour for work performed by Company as of the date of termination. Upon payment of the full amount as calculated above for Provider’s services and expenses, Provider grants Client a perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to any work delivered to Client as of the date of termination, including for use in a trade or service mark.
In the event Client terminates the Project before payment of the entire Project price in the above paragraph, Client also agrees to pay Company a Kill Fee of $1,000 to account for the fact that Provider has blocked out time in its calendar for Client’s Project and has not been able to take on other clients or projects during that time.
DELAYS AND INACTIVITY
Please note that any extra work requested may push back your deadline date, or may not be finished by the deadline date set.
Any delays that are your fault – including failure to provide approvals, feedback, materials or payment according to our agreed-upon schedule – will allow Lexi D’Angelo Coaching LLC to suspend or cancel the project, extend the deadline date, and/or require extra fees based on hourly rates and availability. Responses to emails, Voxer, and/or Slack communication during your project are required within 24 business hours.
Any delays on our agreed upon dates will add a Delay Fee of $500 to your invoice, and if Lexi D’Angelo Coaching LLC doesn’t hear from you in 5 days, your Project will be canceled, removed from our schedule, and will incur the fees referred to in the Cancellations section. Rescheduling and payment of the Delay Fee will be required for work to pick up again, and the scheduled dates of the project will be based on Lexi D’Angelo Coaching LLC’s availability.
Lexi D’Angelo Coaching LLC promises to not hold up the timeline and to keep the project moving to the best of its ability. Lexi D’Angelo Coaching LLC won’t charge you if any delays are its fault, and we will do our best to prevent delays. In fact, we’re going to do our best to wrap this project up as quickly as possible so that you can get to sharing your amazing brand and website with the world!
Depending on project scope and Lexi D’Angelo Coaching LLCs schedule, 4-8 weeks of lead time to schedule your project my be required. A 50% down payment must be made to get on the schedule.
Your Pre-Website Party Schedule
Step 1: Book your Website Party Week and schedule your Brand Identity + Website Call with the help of your personal Party Planner
Step 2: Check out the themes and choose one.
Step 3: Fill out the Brand Identity + Website Questionnaire (it will ask q’s about your website goals + desires, as well as ask q’s about what you want to customize from the theme—this is where you’ll be able to check off any “add-ons” you want—any add-ons will be added to your final invoice) + Complete Pinspiration Party (helps us get 100% clear on your vision for the branding and design)
Step 4: Brand Identity + Website Strategy Call (we’ll go over the questionnaire you filled out so we’re both 100% clear on the vision and from there, we will chat about any custom add-ons, etc.)
NOTE: You must have ALL copy, photos, and any other necessary materials submitted to us 7 days prior to your Website Party week!
Website Party Week Schedule
Step 5: We get to work on your website and share the first version within 7 business days.
Step 6: You submit all revisions and feedback within 48 hours of receiving the first version.
Step 7: Once we receive your revisions, we will complete them within 3 business days and present the final version to you.
Step 8: You submit final payment and once we’ve received it, we present you with your final project files and website.
During your Website Party Week you must be available Monday through Friday for daily communication and feedback throughout the entirety of your project.
Failure to adhere to the timeline and provide materials and feedback within the above checkpoint periods will result in the consequence as outlined above.
USE IN PORTFOLIO
We may use any work completed for Client in our portfolio (including, but not limited to, any website that displays its works), marketing materials, social media, or any other media, and may enter it into design contests or submit it to magazines, blogs, or other avenues of recognition.
We reserve the right to showcase the material on the Brand Party website and any other printed or online promotional material. We also reserve rights to share insights to the design process as it is happening.
CLIENT CHANGES TO WEBSITE
Client agrees that if Client or a future provider changes the Markup, CSS, or Code of the website and the website’s design or functionality is affected, Brand Party has no obligation to repair the website. We may agree to provide cleanup or other work you request as a result of a damaged website at our current hourly rate, in our sole discretion.
LEGAL STUFF & FINE PRINT
Lexi D’Angelo Coaching LLC dba Brand Party is a separate entity from the owner, Alexis D’Angelo. That means that Alexis D’Angelo is not personally liable to you for anything, period.
Lexi D’Angelo Coaching LLC can’t guarantee that our work will be error-free because we are human and sometimes make mistakes which is why you get the opportunity to review the work we have done for you and to make corrections before completion. Because we’re not perfect and we are working with information you provide to us, Lexi D’Angelo Coaching LLC can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If you’ve represented yourself or any items you provide to Lexi D’Angelo Coaching LLC or us erroneously (either purposefully or not), you agree to indemnify and hold Lexi D’Angelo Coaching LLC harmless from any and all legal proceedings, judgments or awards that may result from such errors.
Nothing in this agreement will keep Lexi D’Angelo Coaching LLC from working for, or from taking on, any other client, even if that client is in competition with you.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable or separate from this contract and shall not affect the validity and enforceability of the rest of the agreement.
If we ever find a point in our working relationship where we simply cannot agree on something, we will make attempts to resolve this disagreement informally and in good faith, and part as friends. If that doesn’t work out, we’ll agree to bring in a third party for mediation (and ultimately arbitration if mediation doesn’t work) to sort out the problem, because the very last thing anyone wants to do is go to court. We’ll divide the cost for the mediator and/or arbitration equally between us, and the arbitration will take place in Boston, Massachusetts.
You can’t transfer this contract to anyone else without permission from Lexi D’Angelo Coaching LLC.
Your branding and design project does not include any other elements or services not listed in this contract. These elements can be purchased at an additional cost.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Massachusetts courts and the Suffolk County District Court.
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