Client Services Agreement
This Client Services Agreement ("Agreement") is entered into between the Client and the Freelancer through the 49GIG platform. By posting a project and engaging a Freelancer, the Client agrees to be bound by these terms.
1. Parties
Client: [Client Name/Company Name] ("Client")
Freelancer: [Freelancer Name] ("Freelancer")
Platform: 49GIG ("Platform")
2. Project Overview
- Project Title: [Project Name]
- Project Description: [Brief description]
- Expected Deliverables: [List of deliverables]
- Project Timeline: [Start Date] to [End Date]
- Total Budget: $[Amount] (inclusive of platform fees)
3. Client Obligations
3.1 Project Requirements
The Client agrees to:
- Provide clear, detailed project specifications
- Supply all necessary materials, information, and access required for project completion
- Respond to Freelancer inquiries within 48 hours
- Provide timely feedback on deliverables
3.2 Payment Obligations
The Client agrees to:
- Fund the full project amount in escrow before work begins
- Review milestone deliverables within 7 days
- Approve completed work that meets agreed specifications
- Release payments for approved milestones promptly
3.3 Communication
The Client agrees to maintain professional communication and provide constructive feedback throughout the project.
4. Freelancer Obligations
4.1 Performance Standards
The Freelancer agrees to:
- Deliver high-quality work meeting project specifications
- Meet agreed-upon deadlines and milestones
- Communicate progress and potential issues proactively
- Provide deliverables as specified in the project scope
4.2 Professional Conduct
The Freelancer will maintain professional standards and adhere to 49GIG's Code of Conduct.
5. Scope of Work
5.1 Detailed Scope
The project includes the following work:
- [Detailed task 1]
- [Detailed task 2]
- [Detailed task 3]
5.2 Deliverables
The Freelancer will provide:
- [Specific deliverable 1]
- [Specific deliverable 2]
- [Specific deliverable 3]
5.3 Exclusions
The following are explicitly excluded from this project scope:
- [Exclusion 1]
- [Exclusion 2]
5.4 Scope Changes
Any changes to the project scope must be agreed upon by both parties in writing through the 49GIG platform. Scope changes may affect timeline and budget.
6. Payment and Compensation
6.1 Total Project Cost
The Client agrees to pay $[Amount] for the completion of the project, plus 49GIG service fees.
6.2 Milestone Payments
| Milestone | Deliverable | Due Date | Payment |
|---|---|---|---|
| Milestone 1 | [Description] | [Date] | $[Amount] |
| Milestone 2 | [Description] | [Date] | $[Amount] |
| Milestone 3 | [Description] | [Date] | $[Amount] |
6.3 Escrow System
All payments are held in 49GIG's secure escrow system. Funds are released to the Freelancer only upon Client approval or automatic release after 7 days.
6.4 Platform Fees
The Client will pay a 5% platform service fee on the total project value.
7. Timeline and Milestones
7.1 Project Duration
The project will commence on [Start Date] and is expected to be completed by [End Date].
7.2 Milestone Schedule
Milestone deadlines are outlined in Section 6.2. Delays caused by Client feedback or material provision will extend deadlines accordingly.
7.3 Deadline Extensions
Either party may request deadline extensions for justifiable reasons. Extensions must be agreed upon in writing.
8. Approval and Revisions
8.1 Deliverable Review
The Client has 7 days to review each milestone deliverable and either approve it, request revisions, or dispute it.
8.2 Included Revisions
This project includes [Number] rounds of revisions per deliverable. Revisions must be within the original scope of work.
8.3 Additional Revisions
Revisions beyond the included rounds or outside the original scope will require additional payment, to be agreed upon by both parties.
8.4 Automatic Approval
If the Client does not respond within 7 days of deliverable submission, the milestone will be automatically approved and payment released.
9. Intellectual Property
9.1 Ownership Transfer
Upon full payment, all intellectual property rights in the work product transfer to the Client, including copyrights, trademarks, and related rights.
9.2 Pre-Existing Materials
The Freelancer retains ownership of pre-existing materials. The Client receives a non-exclusive, perpetual license to use such materials as part of the final deliverable.
9.3 Third-Party Materials
If third-party materials are used, the Freelancer warrants that proper licenses have been obtained. Additional licensing fees are the Client's responsibility unless otherwise agreed.
9.4 Portfolio Use
The Freelancer may display the work in their portfolio unless the Client objects in writing within 14 days of project completion.
10. Confidentiality and Non-Disclosure
10.1 Confidential Information
Both parties agree to keep confidential any proprietary information, business data, and project details disclosed during the project.
10.2 Non-Disclosure
The Freelancer will not disclose Client information to third parties without written permission, except as required by law.
10.3 Return of Materials
Upon project completion, the Freelancer must return or destroy all confidential materials provided by the Client.
11. Warranties and Representations
11.1 Client Warranties
The Client warrants that:
- They have authority to enter into this Agreement
- Funds are available for full project payment
- Materials provided do not infringe on third-party rights
- Project requirements are accurate and complete
11.2 Freelancer Warranties
The Freelancer warrants that:
- Work will be performed professionally and competently
- Deliverables will meet specifications
- Work is original and does not infringe on third-party rights
12. Termination
12.1 Termination by Client
The Client may terminate this Agreement at any time with written notice. The Freelancer will be paid for completed milestones and work in progress.
12.2 Termination by Freelancer
The Freelancer may terminate with 7 days' notice if the Client fails to meet obligations or pay for completed work.
12.3 Termination for Cause
Either party may terminate immediately for material breach, fraud, or violation of this Agreement.
13. Dispute Resolution
13.1 Direct Resolution
The parties agree to first attempt resolution through direct communication.
13.2 Platform Mediation
If direct resolution fails, either party may request 49GIG mediation support.
13.3 Arbitration
Unresolved disputes will be settled through binding arbitration in accordance with Nigerian law.
14. Liability and Indemnification
14.1 Limitation of Liability
Except for intellectual property infringement or breach of confidentiality, each party's liability is limited to the total amount paid under this Agreement.
14.2 Indemnification
Each party agrees to indemnify the other against claims arising from their breach of this Agreement.
15. General Provisions
15.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties.
15.2 Amendments
Amendments must be made in writing and agreed upon by both parties through the 49GIG platform.
15.3 Governing Law
This Agreement is governed by the laws of Nigeria.
15.4 Independent Contractors
The relationship is that of independent contractors. No employment, partnership, or agency relationship is created.
16. Electronic Signatures
By posting a project and engaging a Freelancer on the 49GIG platform, both parties electronically sign and agree to be bound by this Agreement.
- Client: [Name], [Date]
- Freelancer: [Name], [Date]
- Project ID: [49GIG Project ID]