Terms & Conditions

AGREEMENT:

This Agreement is entered into by and between En Accolade Media and the Client, each as set forth on the Agreement that when signed by both parties will become a binding part of this Agreement. Each Agreement will be governed by these basic Terms and conditions (“Terms”), but in the event a provision of the applicable Agreement contradicts any provision in these Terms, the applicable Agreement will govern the transaction.

CONFIDENTIALITY:

Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation preliminary works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Agreement except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

PAYMENT OPTIONS:

Upon receiving the invoice, En Accolade Media can be paid via Venmo @enaccolademedia, PayPal at paypal.me/enaccolade or via bank transfer. Wire is accepted but all fees for the transaction will be billed to the Client. If there is a returned payment all bank charges will be billable and owed by the Client to En Accolade Media. Check is acceptable but with the understanding that services can not be started without the check first clearing with the bank. Agreement will remain open until all money owed is paid in full.

FEES AND COSTS:

In consideration of the services to be performed by En Accolade Media, the Client shall pay to En Accolade Media’s fees in the amounts and according to the payment schedule set forth in the Agreement, and shall also pay all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule. The Client shall pay En Accolade Media’s expenses incurred in connection with this Agreement as follows: Incidental and out-of-pocket expenses such as costs for postage, shipping, overnight courier, presentation materials, photocopies, computer expenses, software, parking fees, tolls, Ubers, Lyfts, car services and taxis at cost plus En Accolade Media’s standard markup of twenty percent (20%), and, if applicable, a mileage reimbursement at $0.55 per mile; and travel expenses including transportation, meals, beverages and lodging, incurred by En Accolade Media with the Client’s prior approval. The project pricing includes En Accolade Media’s fee only. Any and all outside costs such as equipment rental, photographer’s costs and fees, work licenses, talent fees will be billed to the Client unless specifically otherwise provided for in the Agreement.

INVOICES:

A monthly invoice will be sent at the end of each month and payment for the month specified will be payable within five (5) to seven (7) calendar days of receipt. If payment is late there will be a 15% charge and a $5.00 per day late fee. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. En Accolade Media reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses and fees, charges or the costs of changes. All coaching and consulting sessions are included in the monthly subscription price or otherwise noted either on the website or through email prior to payment. Each week is to begin Monday at 12am and end Sunday at 11:59pm. In the monthly subscription, weekly sessions are subject only to such times as specified and if not used during said week will be considered null and void, non refunded, reimbursed or rescheduled unless agreed upon via email prior to the Sunday at 11:59pm deadline. “Don’t use it, you lose it!”

CANCELATION:

In the event of a cancelation of the work or project(s) for any reason, En Accolade Media shall hold the copyright to the unfinished work and all elements thereof. En Accolade Media shall retain and have all rights to the original work. Unless otherwise specified, if materials are not sent to En Accolade Media within seven (7) calendar days after paying, the Client shall forfeit the deposit and the cancelation fee for the project will apply. The Client shall pay a cancelation fee for the work completed and the time set aside for that project of $5000 or 25% of the total value of the contract whichever is higher in price. The Client shall also reimburse En Accolade Media for all expenses incurred by En Accolade Media and all non-cancelable obligations owed to third parties.

GENERAL CHANGES:

Unless otherwise provided in the Agreement, and except as otherwise provided for herein, the Client shall pay additional charges for changes requested by the Client which are outside the scope of the services on a time and materials basis, at En Accolade Media’s standard hourly rate of $100.00 per hour. Such charges shall be in addition to all other amounts payable under the Agreement, despite any maximum budget, contract price or final price identified therein. En Accolade Media may extend or modify any delivery schedule or deadlines in the Agreement and deliverables as may be required by such changes.

CLIENT RESPONSIBLITIES:

The Client acknowledges that it shall be responsible for performing the following in a timely manner: (a) Coordination of any decision-making with parties other than En Accolade Media; (b) provision of the Client content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided in the Agreement; (c) final proofreading and in the event that the Client has approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, the Client shall incur the cost of correcting such errors.

COPYRIGHTS:

The Client acknowledges and agrees that En Accolade Media retains all rights to copyright in the subject material until En Accolade Media is paid in full, at which point the copyright transfers to the Client for use of the one (1) time publication only. No alterations, changes or transfer of use is allowed without prior written agreement from En Accolade Media. For further use additional charges and amendments will apply.

ACCREDIDATION AND PROMOTIONS:

All displays or publications of the deliverables shall bear accreditation and/or copyright notice in En Accolade Media’s name in the specifications incorporated by En Accolade Media in the deliverables, or as otherwise directed by En Accolade Media. En Accolade Media retains the right to reproduce, publish and display the deliverables in En Accolade Media’s portfolios and websites, and in publications, and other media the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

BY CLIENT:

The Client agrees to indemnify, save and hold harmless En Accolade Media from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party arising out of any breach of the Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances En Accolade Media shall promptly notify the Client in writing of any claim or suit; the Client has sole control of the defense and all related settlement negotiations; and En Accolade Media provides the Client with commercially reasonable assistance, information and authority necessary to perform the Client’s obligations under this section. The Client will reimburse the reasonable out-of-pocket expenses incurred by En Accolade Media in providing such assistance.

FORCE MAJEURE:

En Accolade Media shall not be deemed in breach of this Agreement if En Accolade Media is unable to complete the services or any portion thereof by reason of fire, earthquake, global pandemic, civil unrest, natural disaster, labor dispute, act of God or public enemy, death, illness or incapacity of En Accolade Media or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the Writer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, En Accolade Media shall give notice to the Client of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.

GOVERNING LAW:

Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Wyoming without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. If the dispute goes to court the Client shall pay for all costs and fees for the case.

NON-EXCLUSIVITY:

This Agreement is non-exclusive. Nothing herein is intended nor shall be construed as creating any exclusive arrangement with En Accolade Media. This Agreement shall not restrict En Accolade Media from acquiring similar, equal or like goods and/or services from or with other entities or sources.

AGREED AND ACCEPTED:

By their execution, the parties hereto have agreed to all of the Terms and Conditions of this Agreement effective as of the date the payment submitted which will be taken as the equivalent of a legal signature and legally binding according to the business law practices by the State of Wyoming and the Federal government. Each email specifying additional future services are subject to this agreement and the laws therein. Each party has the full authority to enter into this Agreement and to bind her/his respective party to all of the Terms and Conditions herein.

Updated: 29 October 2021

Updated: 10 December 2022