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agreement

Simon Johansson – BreakthroughAdvertising.com
Agreement, Terms & Disclaimer

Last Updated: March 2011

This document must be returned to Simon Johansson (“BreakthroughAdvertising.com”) before the project commences. This can be done printing, signing and emailing the document to me.

INTRODUCTION:
You, otherwise known as “the client”, as well as any of your representatives or assigns, agree to have read the following terms & disclaimers and to abide by them. This agreement is in effect immediately and indefinitely, and supersedes all other agreements made.

This agreement refers to products sold, or services performed, or services promised to be performed, by Simon Johansson (“BreakthroughAdvertising.com”), or any of its representatives and assigns. All clients, all projects and all services performed fall under these terms without exception or substitution.

1. NATURE OF WORK/ASSIGNMENT:
Following our initial discussion, Simon Johansson (“BreakthroughAdvertising.com”) will proceed to write your copy, as specified and agreed. For copywriting, you can choose to accept the initial draft, or you can have me revise the copy via the one revision available to you, at no charge, after receipt of the original draft.

That is to say, you can choose to accept my initial draft on an “as is” basis, or take three (3) days to read it over and suggest any rewrites. If rewrites are requested, and as long as changes are not made to the original project assignment or its scope, one (1) revision will be made at no charge and a final draft will be submitted. Please allow one to two (1-2) weeks for any revisions.

Should changes to the original project assignment (or its scope) be required, or if you need assistance (such as, but not limited to, consulting to help you establish a strategy for your copy, or further discussion relating to your project), you will be billed a consulting fee at the going rate of $700 per hour.

2. DEADLINES & TIMESCALES:
Unless specific prior arrangements have been made, please allow a minimum of two (2) weeks for your project to be completed, although there are absolutely no guarantees to meet any timeframes. I cannot be held responsible for any delays due to circumstances beyond my control.

3. REFUNDS & DEPOSITS:
All deposits are non-negotiable and non-transferable. If you cancel before work commences, a 50% kill fee will be applied to your account. If you cancel after our initial consultation or after the project/work has begun, then a kill fee equal to 100% of your deposit will be applied to your account. At such time, deposits will be completely non-refundable and non-transferable. No exceptions.

4. BALANCE DUE:
If no revisions were requested, balances (if applicable) will be due immediately either following submission of the first draft, or after submission of the final draft if a revision was requested. At that point, work will be final and delivered. Unpaid balances will accrue an interest at a rate of 7% per month, including any related legal fees or collection fees. Any additional work requested on the same project, including additional copywriting, extra consulting work related to the project, or changes to the project’s original length or scope, will be billed at the going rate of $700 per hour.

5. COPYRIGHT & OWNERSHIP:
Once your account has been paid in full, copyright of the completed work, (together with ownership of any related concepts or materials developed during the process), will automatically be transferred to you.

6. CLIENT RELATIONSHIP:
You acknowledge that I am entering into this agreement with you (or your company), or with your representatives or assigns, as an independent contractor and not as an employee. As such, Simon Johansson (“BreakthroughAdvertising.com”), its representatives or employees will not be considered an employee of your company or business with regard to any laws, such as (but not limited to) federal, state or local income tax withholding laws.

7. LEGAL RESPONSIBILITY:
While I will do my best to ensure overall accuracy in relation to your project, I am not a lawyer. You are therefore solely responsible to have the work I do for you reviewed by a legal professional and for any copyright, legal, legislative (state & federal), patent or trademark protection registration. Unless agreed otherwise, any sensitive information, not disclosed to the public but disclosed by either party to each other, will remain confidential indefinitely. (Note: A reputable legal professional can be recommended to you upon request).

8. PROMOTIONAL USAGE:
If you are satisfied with my work upon completion, please be sure to provide me with a glowing testimonial (or reference letter). In doing so, you also agree to grant me – Simon Johansson (“BreakthroughAdvertising.com”) – the unlimited (non-exclusive) right to use copies of your work, at our discretion, for promotional purposes or in any of my current or future marketing & promotional campaigns. This could include (but is not limited to) a screenshot and your link within my website/s). If you do not agree with this clause, then be sure to notify me immediately, as a complete confidentiality surcharge could apply.

9. EXPENSES & REIMBURSEMENTS:
Although there are usually no expenses applicable to the projects I handle, (unless agreed otherwise in advance), you shall reimburse me – Simon Johansson (“BreakthroughAdvertising.com”) for any and all reasonable direct, out of pocket expenses incurred and approved by you in advance. Any expenses would be in direct relation to the performance of the services provided and as outlined for the assignment. Expenses may include (but are not limited to) elongated long distance phone calls, and any printing, postage, photocopying etc. Also note that may also be required to pay for these expenses upfront.

10. WARRANTIES:
You expressly agree that Simon Johansson (“BreakthroughAdvertising.com”) is under no obligation whatsoever to you, your company, your representatives or your assigns. You also agree that I have not expressed any promises, warranties or guarantees, (either directly or indirectly implied or stated), in accordance with my work. You agree to indemnify me hold me harmless from any claim resulting from work assigned to me, the materials we’ve created for you or the use of those same materials in any way.

11. LIABILITY:
You agree that Simon Johansson (“BreakthroughAdvertising.com”) is under no liability whatsoever to you, your company, your representatives or any of your assigns. You also agree that you shall defend, indemnify, save and hold me completely harmless from any and all costs, losses, claims, demands and liabilities, including all reasonable legal fees, as well as any liabilities asserted against  Simon Johansson (“BreakthroughAdvertising.com”), its representatives or any of its assigns, that may arise or result from any service offered, performed or agreed to be performed, or from any product or service sold by you, your company, your representatives or your assigns, in any way.

12. APPLICABLE LAWS
The above agreement supersedes all other agreements, whether implied or stated, and is construed under the laws of Las Vegas, Nevada, and shall be governed by the laws of Las Vegas, Nevada.

Signed: x_______________________________x    Dated: x____________x
“the client”

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This document must be returned to Simon Johansson (“BreakthroughAdvertising.com”) before the project commences.

© Simon Johansson & BreakthroughAdvertising.com
ALL RIGHTS RESERVED.