THE ELIZA EDIT TERMS AND CONDITIONS

Upon booking with The Eliza Edit, clients will sign the below agreement.



PROJECT TIMELINE

Project timelines will be provided on a Case by Case Basis.

See "Project Schedule and Client Availability"


PRE-PROJECT CONSULTATION

Contractor shall provide Client with one 45 minute pre-Service consultation. The Parties shall agree on an acceptable date and time for conducting the pre-Service consultation, but the manner by which the consultation shall be conducted shall be at the discretion of the Contractor. In most instances, this consultation is conducted via phone, video chat, or in person.



COST

The total cost of all Services Contractor agrees to provide to Client is on an hourly basis (the “Total Cost”). Total Cost is inclusive of Contractor’s Services, any setup time, travel time and out-of-pocket costs, software licenses, administrative fees, assistance, and subcontractor costs. Payment will be made as following: Through Venmo, Zelle or Honeybook (credit or bank transfer on the next pages).


FEES

If client requires additional purchases or services such as fonts, special mockups, etc. These fees will be billed in a separate invoice.



LATE PAYMENT FEES

If Contractor does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Contractor does not receive payment.

PAYMENT TERMS AND PAYMENT PLANS

Standard Payment Schedule Pay in Full or Follow the Payment Plan structure below.

Payment Plan Option At Client's request and Contractor's discretion, a payment plan can be administered as follows. Client shall pay fifty percent (50%) of the total project cost upon signing this Agreement ("Booking Payment"), with the remaining fifty percent (50%) due when the project reaches seventy-five percent (75%) completion as determined by Contractor ("Progress Payment"). Choosing the payment plan, or not paying in full will add a fee of one hundred fifty dollars ($150.00), which will be added to the total project cost.

Payment plan schedules and due dates will be determined on a case-by-case basis and must be agreed upon in writing by both parties prior to project commencement. All payment plan arrangements are subject to Contractor's approval and may include additional terms and conditions at Contractor's discretion.

Regardless of payment arrangement, all amounts owed become immediately due and payable in the event of project delays caused by Client as outlined in the "PROJECT DELAYS DUE TO CLIENT" section of this Agreement.



EXPENSES

Any expenses incurred by Contractor while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third party software licenses, products or information Client wishes Contractor to utilize by beginning of project. At the Contractor’s discretion, Contractor will make reasonable efforts to integrate Client’s suggested software, products, or information.



ACCOUNT ACCESS

Client shall provide Contractor with access to the following accounts. Client may change passwords after design work is complete. If client does not provide this information, the project cannot begin or be completed.

SHOWIT, SHOPIFY, GODADDY (OR WHERE THE DOMAIN IS HOSTED FROM), IMAGE ACCESS



CONFIDENTIALITY

Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.



RELATIONSHIPS OF THE PARTIES

Contractor and any related sub-contractors are not employees, partners or members of Client’s company or organization. Contractor has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. Contractor has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Contractor.



INTELLECTUAL PROPERTY

Contractor retains the ownership of its copyright in any and all designs pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Contractor. Contractor grants to Client a nontransferable, non-exclusive, royalty-free license of designs produced with and for Client for the specific purpose of business website needs. Any unauthorized use of the design, such as using the design for other purposes than those specified herein, will result in additional fees and/or royalty payments to Contractor. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.



DESIGN PROCESS

Single Point of Contact

To ensure clarity and efficiency, I request that all feedback, approvals, and project-related communication come from a single designated contact person throughout the duration of the project.

Content

You are responsible for providing all necessary content such as text, images, copy, etcetera, for your website by the date specified by the Designer.



Edits Revisions and Client Response

You are entitled to unlimited edits after the initial draft of the brand and website is delivered. The Client agrees to provide feedback and any requested edits to the Designer within four (4) days of receiving design drafts. Should the Client fail to respond within this timeframe, a delay fee of $10 per day will be applied to the project and billed by invoice. This fee will continue to accrue until the Designer receives the necessary feedback to proceed with the project. I will endeavor to complete the requested revisions promptly, typically within 2 business days, depending on the complexity of the changes.

Once the project is approved, completed and launched, it is final. I will provide videos on how to edit the site yourself. Showit and Shopify are very user-friendly platforms. If you need further edits after the completion of the project you may book a full or half day with me.

Scope of Pages

The scope of the project includes designing and developing the deliverables and number of pages specified and agreed upon at the beginning of the project. Any additional pages or significant changes to the agreed-upon scope may require a revision of the project timeline and cost.

Technical Support

I will provide technical support for the launched website for a period of 30 days after the date of launch. Technical support includes assistance with resolving issues related to the functionality and performance of the website as delivered by me. Requests for technical support must be submitted through email, and I will make reasonable efforts to address and resolve reported issues promptly.

Approval and Launch

You will have the opportunity to review the completed website before launch. Once you approve the final design, any further changes may incur additional charges.



STYLE RELEASE

Client has spent a satisfactory amount of time reviewing Contractor’s work and has a reasonable expectation that Contractor’s Services will produce a reasonably similar outcome and result for Client. Contractor will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Contractor’s current portfolio and services, and Contractor will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

Every client and final delivery is different, with different tastes, budgets, and needs;
The services provided are subjective and Contractor is a provider with a unique vision, with an ever-evolving style and technique;
Contractor will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions
Dissatisfaction with Contractor’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.



LIMIT OF LIABILITY

Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Contractor’s total cost as set forth in this Agreement.



INDEMNIFICATION

Client agrees to indemnify and hold harmless Contractor and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.



ASSUMPTION OF RISK

Client and related parties/ participants expressly assume any risk of the services provided and related activities as described herein.



NON-DISPARAGEMENT

The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.



PROJECT SCHEDULE AND CLIENT AVAILABILITY

The Services under this Agreement are scheduled to be performed during the following dates: JUNE 23 through JULY 23, 2025.

By signing this Agreement, Client confirms their availability and commitment to participate actively during the Scheduled Project Period, including but not limited to: providing requested materials, responding to communications within 2 days, attending scheduled meetings or calls, and ensuring that any third parties essential to the project completion are also available during this timeframe.

Client acknowledges that the project timeline and delivery dates are contingent upon Client's timely participation and cooperation throughout the Scheduled Project Period. Any delays in Client's responsiveness or availability may result in project timeline extensions beyond the original scheduled completion date.

If the project extends beyond the Scheduled Project Period due to Client's failure to meet the availability and participation requirements outlined above, the provisions set forth in the "PROJECT DELAYS DUE TO CLIENT" section below shall apply, including the fifteen percent (15%) reschedule fee and immediate payment of outstanding amounts.



CANCELLATIONS AND RESCHEDULING

CLIENT DESIRES TO CANCEL OR RESCHEDULE If the Client desires to cancel Services of Contractor for any reason at any time, then Client shall provide notice within 5 days of signing this contract. Contractor will not be obligated to refund any portion of monies Client has previously paid to Contractor outside of these 5 days. If Contractor is able to re-book further services on or before Client's original delivery date, Client may be issued a credit for future services with Contractor at Contractor's discretion. Contractor has no obligation to attempt to re-book further Services to make up for Client's cancellation or rescheduling.

CONTRACTOR DESIRES TO CANCEL OR RESCHEDULE In the event Contractor cannot or will not perform her obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the Contractor's discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Contractor, no reasonable substitute is found, Contractor shall excuse Client of further performance obligations in this Agreement.

PROJECT DELAYS DUE TO CLIENT If the project timeline extends beyond the scheduled completion date due to Client's failure to provide necessary materials, failure to respond to requests for feedback or approval within the agreed timeframes, or failure of Client's related parties to complete required tasks within the established schedule, Contractor may, at its sole discretion, allow additional time to complete Services.

In such cases, any outstanding amounts will immediately become due and payable to Contractor, plus a reschedule fee equal to fifteen percent (15%) of the total project cost to compensate for schedule disruption and resource reallocation. This reschedule fee applies only when project delays are caused by Client actions or inactions.

PROJECT DELAYS DUE TO CONTRACTOR If the project timeline is extended due to Contractor's own scheduling needs or postponement, no reschedule fee will be applied, though any outstanding amounts remain due according to the original payment schedule.

FORCE MAJEURE Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism. In this case, monies still are non-refundable.



GOVERNING LAW

The laws of Kentucky govern all matters arising under or relating to this Agreement, including torts.



NOTICE

Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:


SEVERABILITY

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.



AMENDMENTS

The parties may amend this Agreement only by the parties’ written agreement with proper Notice.



ASSIGNMENTS

Neither party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided herein.



TITLES

The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.