Terms & Conditions
- The client (known as “Partner”) will provide all relevant materials and documents pertaining to the Hourly-Based Consulting Service prior to the consultation. Terra Cotta Creative Strategies, LLC, (known as “Terra Cotta”) will review Partner’s supporting materials and documents prior to the consultation.
- Terra Cotta will provide Partner with the following additional services at the discretion of Terra Cotta:
- Two post-consultation revisions via email
- A 30-minute follow-up meeting
- Price: The Hourly Based Consulting Service is set on a sliding scale basis. Prices listed in this proposal are not inclusive of any travel, lodging, per diem, hourly fees, or materials associated with the consultation.
- Payment structure: Partner will pay in full or 50% upfront, with the remainder to be paid before the consultation meeting. Payment is accepted via ACH, PayPal, or credit card. Terra Cotta may reserve delivery of the final work product until payment is received in full.
- Usage rights: After the work is completed and payment has been received in full, the Partner will be entitled to a five-year license to use all deliverables that include its own proprietary materials (provided, however, that the client may not resell the deliverables or distribute the deliverables to unaffiliated entities). All preexisting Terra Cotta’s frameworks, templates, and shared methodologies will remain the intellectual property of Terra Cotta, and all rights are reserved.
- Relationship of the Parties: Terra Cotta is not an employee, partner, or member of the Partner’s company or organization. Terra Cotta has the sole right to control and direct the means, manner, and method by which the services in this Proposal are performed. Terra Cotta has the right to hire assistants, subcontractors, or employees to provide Partner with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations, or permits.
- Cancellations and Rescheduling:
- If Partner desires to cancel the Hourly Based Consulting Service for any reason at any time, then Partner shall provide at least 5 days’ notice to Terra Cotta. Partner may reschedule the Hourly Based Consulting Service with at least 24 hours notice. Providing Notice will not relieve Partner of any currently outstanding payment obligations. Terra Cotta will not be obligated to refund any portion of the monies the Partner has previously paid to Terra Cotta. If Terra Cotta is able to re-book further services on or before Partner’s final delivery date, Partner may be issued a credit for future services with Terra Cotta at Terra Cotta’s discretion. Terra Cotta has no obligation to attempt to re-book further Hourly Based Consulting Services to make up for Partner’s cancellation or rescheduling.
- In the event Terra Cotta cannot or will not perform their obligations in any or all parts of this Proposal, it (or a responsible party) will immediately give Notice to Partner and, at Terra Cotta’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Proposal or issue a refund or credit based on a reasonably accurate percentage of Hourly Based Consulting Service rendered. In the case of a refund where, at the discretion of Terra Cotta, no reasonable substitute is found, Terra Cotta shall excuse Partner of further performance obligations in this Agreement.
- No-shows: Money will not be refunded if the Partner does not show up for the Hourly Based Consulting Service. If it becomes impossible for Terra Cotta to render the Hourly Based Consulting Service due to the fault of the Partner or parties related to the Partner, such as failure to provide necessary elements of the Hourly Based Consulting Service or failure of one or more essential parties to the Hourly Based Consulting Service to complete tasks in a timely manner, it is within Terra Cotta’s sole discretion to allow for any additional time or dates to render the Hourly Based Consulting Service. In such an event, any outstanding amount will immediately become due and payable to Terra Cotta.