When you engage eoinstanley.com to perform work in a freelance or independent contractor capacity, you will be required to accept theeoinstanley.com Freelance Terms & Conditions. Rates will be confirmed in writing before work commences. These terms are effective as of July 1st 2018.
Agreement between Eoin Stanley, owner/operator of eoinstanley.com, and You, the authorised representative of “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Freelance Photographer, Videographer, Illustrator, Digital Designer, Web Designer, Digital Producer or Graphic Designer.
- AGREED HOURLY RATE – The agreed hourly rate for work carried out during the normal business hours (9:00am – 5:30 pm) will be negotiated between The Client & eoinstanley.com before work commences. The agreed hourly rate is to remain confidential between The Client and eoinstanley.com. Eoinstanley.com reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.
- DAILY RATE – Where a client prefers to engage eoinstanley.com at a fixed Daily Rate, eoinstanley.com will negotiate with the client to an agreed rate which is to remain confidential between The Client and eoinstanley.com. Eoinstanley.com reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
- OVERTIME RATE – The overtime rate is applicable outside the normal business hours of 9:00am – 5:30pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 40 hours per working week, and any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
- EXCLUSIVE BOOKING – Where The Client has requested the services of eoinstanley.com on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.
- MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING – A minimum of 8 (eight) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is canceled within 24 hours of the booked day, half of the Minimum Daily Charge will still be invoiced.
- PAYMENT – Eoinstanley.com invoices weekly. Payment by The Client is required within 7 (seven) days of receipt of the invoice from eoinstanley.com. Eoinstanley.com accepts payment by direct deposit and the bank account details will be made available to you when the invoice is sent. Late payments incur a penalty of a compounded 5% late fee per week after the initial 7-day period of the invoice being sent.
- CONFIDENTIALITY – Eoinstanley.com agrees not to misuse or disclose any confidential information that may be made available by The Client.
- CLIENT RESPONSIBILITIES – Eoinstanley.com is under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however eoinstanley.com will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
- ARTWORK APPROVAL, ERRORS AND OMISSIONS – eoinstanley.com will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, eoinstanley.com is not liable for loss, expense or damage caused by any act or omission.
- NATURE OF COPY – The Client agrees to exercise due diligence in its direction to eoinstanley.com regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials eoinstanley.com prepares. Eoinstanley.com will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
- LIABILITY – Eoinstanley.com makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, eoinstanley.com shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify eoinstanley.com immediately of this intention. Hours worked to that point will be invoiced (minimum 8 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. Half the Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.
- VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between eoinstanley.com and The Client