ELECTRIC EVOLUTION TERMS OF SERVICE

Purpose Of The Agreement

Client wishes to engage Electric Collab to provide services relating to Client’s Electric Evolution Membership “SERVICES” on a subscription basis and/or as otherwise detailed herein. Electric Collab has agreed to provide such Services according to the terms set forth below.
 

TERMS

I.     Services.

A. Term of Services. The work to be provided according to this Agreement will begin on date of enrollment in the Electric Evolution membership and shall continue unless canceled in accordance with the Cancellation Provision (the "Term"). 
 

B. Scope of Services. Electric Collab shall provide Client with the following services on a retainer basis (herein known as “Services”):

i.  Access to a Calendly link to book time with Emily Paulsen, access to submit update requests to the Electric Collab team, and individualized quotes for approval to complete requested work. 
 

ii. Rollover. If the Client does not utilize the allotted amount of Services/hours in the allotted quarterly basis, services to do accrue or rollover to future quarters.
 

C. DELIVERABLES. The Electric Collab team will deliver all digital files (“the Deliverables”) to Client via Google Drive, Canva or email depending on the individual project needs. The Parties may agree to another method if the request is made in writing.
 

E. Access:

Account Access. Client shall provide Contractor with access to the following accounts upon request if required to complete a request:

Squarespace Website

Canva Account

Google Drive

Electric Collab will keep all account information and materials confidential in accordance with the confidentiality provision below. Client is responsible for paying for and delivering any third-party software licenses or products Client wishes Contractor to utilize.
 

F. Additional Services. Should the Client require additional services, rush work, or work after hours, Electric Collab may provide the Client with such additional services on an ‘as needed’ basis at the discretion of the Electric Collab. The Client is required to request such Additional Services via email or Electric Evolution submission form, and understands that the Contractor is not required to comply with such request. All additional services will be invoiced separately from the initial “Total Cost.”
 

G. Proofing and Revisions. Client is entitled to revisions. Initial quotes will be based on a set number of anticipated hours. If revisions increase the time required to complete a project beyond the initial scope, additional revisions shall be provided for an additional fee of $195.00 per additional hour needed.
 

II.     Confidentiality.  Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential, including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

III.     Fees, Costs, and Expenses.

A. Package. Client has chosen the Electric Evolution Membership (“the Package”) services package. According to the terms of the Package, the Contractor shall provide the Client with access to book calls with Emily Paulsen and access to submit requests to the full Electric Collab team. 
 

B. Fees: Electric Collab’s hourly rate is $150.00 per each hour spent on Client’s Services over the allotted amount of time purchased.
 

C. Initial Payment. The Client will pay an initial payment of $295 before the Contractor has any obligation to perform the work described herein. The initial payment fee is a non-refundable, non-transferable payment, and reserves Electric Collab’s services as described herein. The initial payment is due and payable when Client signs this Agreement. By accepting this Agreement, the Client expressly recognizes and agrees that Electric Collab has agreed to reserve the dates and span of time listed for the Services, and because entering into this Agreement limits Electric Collab’s ability to book as many other projects during the same time, Contractor would suffer damages in an amount that is difficult or impossible to reasonably estimate at the time of entering into this agreement.

D. Late Fees. If Contractor does not receive payment from Client within fourteen calendar days of any payment date, the Client will be charged a late fee of 1.5% of the outstanding amount per each day that Contractor does not receive payment. For example, Client owes Contractor $1000 due on May 1 and fails to pay by May 14th. On May 15th, Client owes Contractor $1015. On May 16th, Client owes Contractor $1030.23. On May 17th, Client owes Contractor $1045.68, and so on.

IV.     Method of Services and Relationship of the Parties: The Client shall not control the manner or means by which Electric Collab performs the Services, including but not limited to the time and place Electric Collab performs the Services. Electric Collab agrees to provide, at their own expense, the supplies, equipment, and all other materials used to perform the Services. It is expressly agreed that Electric Collab is acting as an independent contractor and not as the Client’s employee. Electric Collab and Client acknowledge this Agreement in no way creates a partnership or joint venture between the Parties. Electric Collab will not enter into any contracts on behalf of Client. Electric Collab has no authority (and shall not hold itself out as having authority) to bind the Client, nor shall it make any agreements or representations on the Client’s behalf without the Client's prior written consent.

A. Creative License of Contractor. Client has spent a satisfactory amount of time reviewing Electric Collab’s work and has a reasonable expectation that Electric Collab’s Services will produce a reasonably similar outcome and result for Client.

B. Other Business Activities. Electric Collab may be engaged or employed in any other business, trade, profession, or other activity which does not place it in a conflict of interest with the Client during the Term of the Agreement.

VI.     Intellectual Property.

A. During the course of performing the Services, Electric Collab, Electric Collab’s Personnel, or other representatives may, independently or in conjunction with Client, develop information, materials, results, systems, and programs (hereinafter, collectively referred to as “Work Product”).

ii. Electric Collabs work is a “work made for hire” / Client owns all rights to the copyrighted work (this will mean Contractor will not have any claims to copyright ownership): Contractor agrees that such Work shall, to the extent permitted by law, be a "work made for hire" within the definition of Section 101 of the Copyright Act (17 U.S.C. 101), and shall remain the sole and exclusive property of Client. To the extent any Work Product is not deemed to be a work made for hire within the definition of the Copyright Act, Contractor, with effect from the creation of any and all Work Product, hereby assigns, and agrees to assign, to Client all right, title and interest in and to such Work Product, including but not limited to copyright, all rights subsumed thereunder, and all other intellectual property rights, including all extensions and renewals thereof.  Contractor further agrees to provide all assistance reasonably requested by Client, both during and subsequent to the Term of this Agreement, in the establishment, preservation, and enforcement of Client's rights in the Work Product.  Upon the termination of this Agreement, Contractor agrees to deliver promptly to Client all printed, electronic, audio-visual, and other tangible manifestations of the Work Product, including all originals and copies thereof.

a)  Use of Photos of Work. The Parties agree that Electric Collab has the right to showcase photographs of the Work on his or her website or online portfolio.

b) Testimonials. Client gives Electric Collab permission to use, without remuneration, any testimonial Client may provide in Electric Collab’s marketing materials, which may be printed or online. 

VIII.     Cancellations.

B. Termination of Agreement. Shall either Party wish to terminate this Agreement for any reason other than a breach of the terms of this Agreement, Electric Collab shall not return any unearned fees, if any, paid up to the point of termination, and Electric Collab will have no further obligation to the Client. Termination of this Agreement will be effective upon the effective date of Cancellation.

C. Cancellation by Client. In the unfortunate event that the Client decides to cancel the services for any reason, or should the Client have a change of heart for any reason with respect to using the Electric Collab’s Services, the Client must provide Electric Collab with written notice. Such termination will be effective upon receipt of the Notice.

i.  Electric Collab will be entitled to retain the non-refundable, non-transferable Initial Payment identified within this Agreement, regardless of when the Contractor receives Notice of the cancellation.
 

IX.     Limitation of Liability.  Client agrees that to the fullest extent permitted by law, Electric Collab’s MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS, BREACHES, OR DAMAGES BY REASON OF ANY ACT OR OMISSION, INCLUDED BREACH OF CONTRACT AND NEGLIGENCE, SHALL BE LIMITED SOLELY TO THE DOLLAR AMOUNT OF THE FEES PAID BY THE CLIENT TO ELECTRIC COLLAB. CLIENT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ELECTRIC COLLAB SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, EMOTIONAL DISTRESS, MENTAL ANGUISH, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES AND/OR REPLACEMENT COSTS. Electric Collab is not responsible for any defective products, services, or imperfect resources purchased on behalf of Client, and Client waives any right to pursue any claim, demand, or cause of action against Electric Collab for such. The Client acknowledges and agrees that these limitations reflect a fair allocation of risk and that Electric Collab would not enter into this Agreement without these limitations on its liability.

X.     General Terms. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. Requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given if sent via the Notice Provision below. If any of the provisions of this Agreement are deemed to be invalid, illegal, or unenforceable, the provisions shall remain in effect to the extent allowed by law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.  The performance of any condition or obligation imposed on a party under this Agreement may be waived only in writing by the Client or Electric Collab or an authorized official of the Client or Electric Collab, and only to the extent stated in such writing.  Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings.  This Agreement will be deemed made in and governed by the laws of the state of Illinois, without application of its principles regarding conflicts of law. Electric Collab shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability Section shall survive the expiration or termination of this Agreement..

Changes to This Privacy Policy

Company reserves the right to modify or change Electric Evolution Terms of Service at any time. Updates or changes will be posted here, and any material changes as to how we use or disclose your information will be emailed, if applicable, to the address you provided to the Company.

Comments and Concerns

This website is operated by Electric Collab, LLC. All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to Emily Paulsen at [email protected].