Brooke Bradford Creative services hereafter referred to as Designer, Creates a wide variety of material for the internet including websites in html and wordpress, feeds for itunes and the internet in general and other web and print projects including monthly wordpress maintenance.
Contractor Creates work on MAC and on PC Using Adobe products, Premier, Audition, InDesign, Photoshop, Illustrator, and After Effects.
Brooke Bradford Creative Services applied with the state of California to become a Limited Liability Company (LLC) on January 29th 2021
Designer offers web site maintenance starting at $25 per month
- make sure clients website log-in is secure
- add a firewall, security and enhanced SEO to clients website if needed,
- adjust settings, clean unused plugins and themes from clients website
- put clients website on a monitor to watch for outages.
- Look at clients hosting to see if promised upgrades and changes (if any)from the clients hosting company are set up.
- Look at clients website server files with FTP
Enhanced Website maintenance includes improving SEO, google ranking and website optimization, site maps, meta tags snippets for search engine crawlers and keyword to pages and posts and optimize page load time.
Web site and web product production is billed at $50 per hour. If a clients website has experienced a intrusion (hacking) incident the clients may expect 4-6 hours (or more) initially to remove the unwanted material and often, talk to technical support with the clients website hosting company.
Other services offered by contractor
Contractor creates audio and video editing of podcast products at a per piece rate of $20 up to 44 minutes. The fee increases per half hour, thereafter.
Video Editing, Motion Media and Graphic Design is billed at $50 per hour.
On going podcast clients can take advantage of bulk rates that include motion graphics for social media and short audio video segments created from longer material.
General help and consulting on podcasting, video, websites and feeds is $150 per hour on the phone or in person.
Our first interaction, 15-20 minutes is free.
Audio Editing for podcasts may generate a rush fee of $10 if requested for a less than 48 hour turn around. Fees may increase for long audio files. Rush fees can be avoided with publishing/broadcast schedules and notice of prioritization of work completed expectations. The contractor/producer does not work on an ASAP basis.
For web, video and graphic design projects the rate for rush work is $100 per hour.
It is the client’s responsibility to review all work and request correction of mistakes or very quick changes to material. The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer MAY alter the time and cost.
Work produced is not created in anticipation of success. Work created is billed regardless of client’s use.
All invoices are payable upon demand. A 1% service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. Contractor prefers PayPal or venmo. Payment by check may need advanced payment.
Checks may not be mailed. Clients must use an express carrier.
The client may cancel at any time, unless a bulk rate is negotiated. In some instances, a deposit may be required.
Contractor likes to reward referrals with a 10% discount on invoices at the contractors discretion.
Default in payment
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
Delivery of material
Client agrees to create a broadcast schedule, or create deadlines for reoccurring production
Due to the nature of publishing multimedia on the internet it maybe necessary upon occasion to prioritize material on a publication schedule
Material can be delivered by using a file uploading service such as drop box or google drive, thru FTP, libysn, podbean, a website or occasionally, thru email.
Delegation of simple or skilled tasks
Occasionally, at times of increased workload and deadlines, Contractor may employ talent or labor for services offered. These may include audio, video and written material editors, as well as voice talent for specific client needs. The contractor will work the need for extra help or talent into the initial bid, and will discuss needs as projects develop and change.
In the event that expenses are incurred, Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to WordPress themes, Stock Photography, Artwork, and or material needed for the project. Contractor agrees to inform the client in advance and to request approval of expenses before they occur.
Owner ship of material
All produced material will belong to the client. Contractor retains rights to claim work as done in social media and in promotions, including adding client’s logo to promotion material and using finished work as demonstration to prospective clients in portfolio and reel.
The contractor does not use material without permission. This may include images, video or audio down loaded from the internet and protected music from any source. Original music created by contractor will be copyrighted in the name of the contractor and will be licensed to client.
If your website will receive sensitive communications from patients, clients or children, The Contractor will provide the client with a business communication agreement in accordance with HiPAA. The contract is willing to sign an NDA or other promise of client privacy.
The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Occasionally it may be necessary to make agreements in writing thru email. These will be filed and be included with the original agreement. Significant changes will require a new agreement.
Code of fair practice
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
Limitation of liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
Client agrees to maintain communication with Designer and inform the Designer of any changes made to websites or server files. Why is this important? It is possible other parties could create conflicts or website errors. This would invalidate any agreements, and the designer is likely to discontinue services.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence.
Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e- mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
This contract is held accountable to the legal system of Santa Cruz County California and any applicable statutes held therein.