Definitions & General Terms
- Tracie Shroyer (hereafter “I,” “me,” or “my”), doing business as Launch Tech Made Easy is a sole proprietorship operating from the state of Florida – 4700 Millenia Blvd., #175-90519; Orlando, Florida; 32839
- The client (hereafter “you”) is the person or organization that has accepted my offer.
- These terms and conditions apply to all contracts and agreements between you and me.Potential exceptions and changes shall be agreed upon by both parties in writing.
- The agreement is concluded upon acceptance of agreed deliverables. It is valid indefinitely.
- Specific conditions for specific assignment will be discussed in said proposal.
- I will carry out any assignment to the best of my knowledge and ability.
- I may outsource parts of my work to third parties, insofar as the confidentiality of the assignment is not compromised – and only if this benefits the execution of the agreement.
- I am free to work for third / other parties.
- United States law applies to these terms and conditions, as well as all agreements to which they relate. All disputes relating to these agreements between you and me shall be settled by the adequate court in Orlando, Florida.
- Services will either be performed by myself, or subcontracted to other experts in the fields when I deem this appropriate. I will not need additional approval from you in order to subcontract. You will be informed of who is working on the service before it gets subcontracted + at any time upon simple request.
- These terms & conditions also apply to any websites owned by me – including LaunchTechMadeEasy.com
Invoicing & Payment
- I will invoice with all necessary taxes, and you will not be subjected to payroll tax or social security contributions as a consequence of my work.
- I will send an invoice at the beginning of our working together, unless agreed upon differently.
Payment must be in my bank or PayPal account at least 7 days before start of the assignment. Any additional hours, costs or work will be billed on the first working day of the following month.
- You will pay my invoices within 5 business days of the invoicing date.
- Method of payment will be agreed upon before starting the work. Possible methods of payment are PayPal, or credit card (Stripe).
- My remuneration is based on all-in packages.
- Necessary travel expenses or other costs will be charged separately, according to the current rate. I will not engage in travel or other spending unless agreed upon in advance.
- All amounts mentioned exclude taxes, unless explicitly agreed on otherwise.
- Invoices will be sent out in American dollars.
- Once the payment has been made and I have started the work, it isn’t possible to get a refund. If at any time you feel you’re not getting what you paid for, do get in touch with me immediately to discuss this.
Termination of or Changes in the Agreement
- If the end date of the agreement is not specified, it can be terminated by either you or me, with a 14 days notice period. Cancellation of the agreement happens by e-mail or in our dedicated Slack channel.
- If you fail to fulfill their obligations, in case of bankruptcy or lack of payment (after due summon), or if the company ceases to exist, I have the right to suspend the execution of the agreement without summation or judicial intervention, until all bills have been paid and all conditions of the agreement met. I will not owe any damages to the client in any of these cases.
- Any change in the original assignment of any kind is subject to a separate agreement in writing.
- Disease and temporary or permanent incapacity to work (force majeure) by me, relieves me from fulfilling the assignment within the agreed delivery period. In this case, you will not be entitled to compensation for costs, damages or interest. I will inform the client immediately, and together we will work out an alternative.
Copyright, Confidentiality & Liability
- I will be careful regarding the custody and use of items, digital tools and information entrusted by the client. I’m not liable for damage or loss of information during shipment or storage, unless caused by my own reckless behavior or neglect. You indemnify me for all claims of third parties arising out of or relating to the damage or loss of information as intended herein.
- I will keep confidential information and company or client data with the highest degree of care and confidentiality, unless required by law to disclose certain information. You can request to be informed of the way your information is stored at any time during the cooperation.
- If you provide any materials to me, you indemnify me for all consequences of use or reproduction of said materials as part of the agreement.
- I guarantee that all elements of the work delivered to you are either owned by me, or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You will own all text, images or other artwork I design or update for you. I’ll provide you with finished files, which you should keep somewhere safe as I will not keep a copy indefinitely. I own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you.
- All liability for damage resulting from inadequate or non-timely execution of the work shall be limited to and excluded above the amount paid by the client for the work at hand.
- I’m not liable for damage due to inadequate or non-timely execution of the work, unless this is due to intent, neglect or recklessness.
- Any complaints must be lodged in writing within 14 days after completion of the assignment.
- I’m not liable for consequences of errors or lack of clarity in the assignments or the materials provided by you.
Working Hours & Rates
- If the agreement is based on an hourly rate (and not a package), I will keep track of her hours and costs, and make a report available to the client upon simple request (in writing).
If the agreement applies to a fixed amount or a fixed number of hours, I can perform more hours or spend more than mentioned in the agreement, if necessary for the proper execution of the contract. You will be informed of these additional activities prior to performing them. Unless you respond to this notice timely, I am entitled to complete the work in full and charge the additional hours or amount to you.
- All working times are rounded up to quarters of an hour.
- I choose my own working hours. If I am asked to work evenings, weekends or American holidays at your explicit request, these hours can be charged at 150% of the usual hourly rate – or they will count for 1.5-hour credit in a retainer package.
- My rates may be changed at any time, with at least 1 months’ notice. Unless you object to the changes within a period of 14 days from the announcement, the changes will be applied in the first invoice of the following month.