Service Agreement

Byrdziak Media, herein referred to as “Company”; and Persons receiving products or Services from Company, herein referred to as “Client”, collectively referred to as “Parties”.

Client wishes to be provided with the products and Services, defined herein, by Company and Company agrees to provide the products and Services to the Client in accordance with this agreement.
Services

Any duty, labor or thing produced by labor or effort performed by Company on behalf of Client, is herein referred to as “Services”.

The compensation for Services under this agreement will be based upon the hourly rate of one hundred twenty-five dollars per man hour, unless otherwise agreed in writing. Any costs to Company associated with providing Services on behalf of Client shall be billed to Client, unless otherwise expressly agreed in writing.

Company will issue invoice immediately upon Clients order for Services. Client agrees to pay for Services, including costs associated with providing said Services, prior to receiving Services, using the payment options offered by Company.

Any charges payable under this agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Company to the Client under this agreement and such shall be payable by the Client to the Company in addition to all other charges payable hereunder.

A late fee of up to thirty-five dollars or ten percent, whichever is greater, for each late invoice shall be assessed after twenty days of Clients receipt of invoice. When any part of the Services or other charges due from a Client remains unpaid for no less than thirty consecutive days, Company may suspend, terminate and/or repossess Services at Company’s discretion.

When any part of the Services or other charges due from a Client remains unpaid for no less than sixty consecutive days, Company may solicit the Services of a collection agency, at Company’s discretion, to collect the remaining unpaid balance.

Relationship of Parties

The relationship of the parties established by this agreement is that of vendor and vendee, and all Services by the Company as contemplated by this agreement shall be performed by it as an independent Company. The full cost and responsibility for hiring, firing and compensating employees of the Company shall be borne by the Company.

Company reserves the right to assign subcontractors to the Services to ensure quality and on-time completion.

Confidentiality

Parties may disclose confidential information one to the other to facilitate work under this agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

    is already known to the party to which it is disclosed;
    is or becomes part of the public domain without breach of this agreement;
    is obtained from third parties, which have no obligations to keep
        confidential to the parties to this agreement;
    is critical to the performance of third party contractors in ordinary course of
        providing Services to the client.

Liability

The Client agrees to indemnify and hold harmless Company against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Services at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

The Company agrees to indemnify and hold harmless Client against any and all claims, costs, and expenses, including attorney’s fees, due to actions or materials included in the Services provided to Client.

Publication

The Client may publish or disclose information regarding the Services and shall acknowledge the support of Company in all such publications. The Client will not use the name of Company, in any advertising or publicity without the prior written approval from the Company.

The Company will not use the name of Client, in any advertising or publicity without the prior written approval from the Client, excluding the publication of Client’s name and/or web address on the Company’s website.

Intellectual Property and Licensing

The license terms of this agreement form a binding agreement between Parties, which apply to the Services which includes the media on which it was received, if any. These terms also apply to any Company updates, supplements, Internet-based Services, and support for Services, unless other terms accompany those items. If so, those terms apply.

By accepting Services provided by Company, Client accepts this agreement. If Client does not accept this agreement, they have the right to refuse Services. Accepting Services by Company also operates as consent to the transmission of certain information during acceptance, activation and/or validation of Services.
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Contact
Mailing Address: 2716 N 10th St
Coeur d'Alene, Idaho, 83815
Telephone: 206-552-8656
Email: jonathon@byrdziak.com

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