Terms Of Service - Expert Overflow

1. Introduction

This Contract is between ______________ (the “Client”) and Expert Overflow, a Texas limited liability company (the “Contractor”). By engaging our services, you agree to the terms outlined below.

2. Project Responsibilities

2.1 Client Obligations: The Client agrees to provide all necessary resources, content, and direction required to complete the project as outlined in the Proposal. This includes but is not limited to text, images, access to accounts, and timely feedback.

2.2 Contractor Obligations: The Contractor will hold up its end of the project’s proposal, delivering services as specified and within the agreed-upon timeline, provided the Client meets their obligations in a timely manner.

3. Delays and Communication

3.1 Client-Induced Delays: If the Client fails to provide necessary resources, content, or direction within two weeks of a request, the project will be automatically put on hold. The Contractor will not be liable for any delays or missed deadlines resulting from such delays.

3.2 Project Hold and Restart Fee: If a project is put on hold due to a lack of communication or delayed resources from the Client, a fee of $750 will be required to restart the project. This fee covers the Contractor’s time, materials, and preparation incurred during the delay.

3.3 Ongoing Communication: The Contractor expects regular communication from the Client throughout the project. If the Client fails to respond to communication attempts within two weeks, the Contractor will proceed as described in this Agreement.

4. Payment Terms

4.1 Initial Deposit and Payments: The Client is required to make an initial deposit as outlined in the Proposal. This deposit secures the Contractor’s time and resources for the project. The Contractor will retain 50% of the total project cost if the project is delayed due to the Client’s failure to meet their obligations.

4.2 Compensation for Work Completed: Regardless of delays, the Contractor will be compensated for the work completed up to the point of the delay. If the project is terminated due to Client delays, the Contractor retains the right to payment for all work completed, including the 50% payment retention.

5. Termination

5.1 Termination by Client: The Client may terminate the project at any time, but the Contractor will retain all payments made up to that point, including the 50% retention fee for time, materials, and preparation.

5.2 Termination by Contractor: The Contractor reserves the right to terminate the project if the Client fails to communicate or provide necessary resources for two weeks. In such cases, the Contractor will retain all payments made and the project will be closed unless the Client opts to restart the project with the associated fee.

6. Limitation of Liability

6.1 Client-Induced Delays: The Contractor is not liable for any delays or missed deadlines resulting from the Client’s failure to provide necessary resources, content, or direction. The Contractor is also not responsible for any financial or operational losses incurred by the Client due to such delays.

6.2 Contractor’s Liability: The Contractor’s liability is limited to fulfilling the project proposal as agreed, provided the Client meets all obligations in a timely manner.

7. General Provisions

7.1 Governing Law: This Agreement will be governed by the laws of the State of Texas, without regard to its conflict of laws principles.

7.2 Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

7.3 Entire Agreement: This Agreement constitutes the entire understanding between the Contractor and the Client and supersedes all prior discussions, agreements, or understandings.

8. Acceptance

By engaging with Expert Overflow and making the initial deposit, the Client acknowledges that they have read, understood, and agree to the terms of this Agreement.