Think Expand Service Agreement spells out a contract between Think Expand Limited and the named client to work on contract basis to serve the client by providing services associated with Think Expand Ltd.
Developer: Think Expand Limited
Contact(s) for the Provision of Services: firstname.lastname@example.org/+233 548334499
The Developer is engaged in the business of blog & website designing, digital marketing, writing business plans, business proposals, business contracts, business documents and articles.
The Client : (Client’s form to be filled below).
The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. The client agrees the relationship created by this contract is that of business contract relationship meant to serve the company/individual.
3. Service Delivery
- All services shall be delivered based on the directives, prescriptions and guidelines of the client as stated prior to service delivery.
- All web deign & business proposal writing services shall be delivered with 5 working days or less.
- Further changes in the statement of work by the client upon signing the contract or at the completion of the project shall not be accepted as a breach of contract by Think Expand Limited.
- Prior to the commencement of the project, the client shall make an initial upfront payment of 70% of the total service charge. This payment shall be made through any accepted medium.
- All cost of services associated with the project shall be borne by the client and paid prior to the commencement of the project. Think Expand Limited Will not make payments for cost of services associated with the project.
- The final 30% payment for the service delivery noted as “service charge” is due for payment on completion of the project and upon the receiving the final payment invoice.
- All service associated issues shall be amicably handled by the clients and the customer service of Expand Ghana during or after the project delivery.
4. Service Delivery Expenses
- The client is not responsible for expenses incurred by the Developer in the provision and delivery of services. Internet bills, light and maintenance of personal computers used in the provision of services is the sole responsibility of the Developer.
- The client is however required to make cost of service payments related to the contract, mainly domain and web hosting (for web & blog designing).
5. Assignment and Ownership of Intellectual Property
- On submitting the designed projects, the Developer agrees that they are true original works; works that have not been lent from a third party, obtained by any unlawful means and previously published in any form either print or electronic.
- The Developer agrees that all completed projects submitted to the client are considered “works for hire” and the usage of the projects is based on the sole decision of the firm upon approval.
- The Developer also agrees that all projects approved and paid for by the client have become the intellectual property of the client.
- The Developer has no right to sell, lend or publish the projects either in print or soft copy form projects approved and paid for by the client.
- All documents provided by the client for the delivery of services electronic or verbal shall be treated with care by Think Expand Limited and delivered back as requested by the client.
6. Mode of payment
The Developers of the client shall be paid via mobile money, bank transfer via EFT, online wallet or bank checque until further changes have been made.
payments to Think Expand Ltd can be made via the following:
Account Name: Think Expand Limited
Name of Bank: Access Bank Ghana Limited
Mobile Money Payments
7. Credit Establishment
- Prior to extending credit to client, the client shall fill a Credit Application Form and add references for credit establishment.
- Prior to extending credit, the client shall make a credit notice to Think Expand Ltd either by email, phone or in person within 3 to 7 days to the project.
- The references of the client shall guarantee the credit payment and serve as a surety for the credit payment in case of default. Accurate contact details of the references shall be entered in the credit application form.
- Cost of services for the delivery of project is exclusive of all credit establishments. The client shall pay for the cost of services while the “service charge” will be extended to him/her through the credit application.
- The credit payment is due for full payment on the proposed date stated in the credit application form and upon receiving the credit payment invoice.
- The credit payments shall be paid on the due date as agreed and stated in the credit application form.
- Failure to make the credit payments at the proposed date will expose the client to late payment penalties.
8. Late Payment
- Late payment shall be enforced when the client fails to make payments for the service and credit payments on time.
- A net 30 working days shall be given to the clients to settle their differences and make their credit payments after payments are due.
- Failure to make payments within the net 30 working days attracts a late payment penalty of 2% per month on the amount owed by the client.
- The late payment charges shall be calculated in addition to the actual payments as long as the client fails to make payments.
- The client is expected to make a full payment of the invoices in addition to the late payment penalties at the time of payments.
- Think Expand Ltd. will be compelled to extend the account collection to legal & debt recovery experts to recovery the debts when clients fail to make payments.
- The clients shall request for refund if payments have been made for cost of services and service have not been delivered by Think Expand Ltd.
- Think Expand Ltd is obliged to return a refund for cost of service and any payments that have been made at the client’s request if the service have not been delivered at all at the proposed.
- Think Expand Ltd shall not make refunds for service payments that have been made upon signing the contract and the commencement of the project.
- Clients shall fill a refund fund form upon which refunds shall be made if the projects have not been commenced.
- Once the project begins, there shall be no refunds if client request for payments.
- In case of misunderstandings and issues on the course of the delivery of the project, it shall be amicably settled and dealt with.
- After refunds have been made, Think Expand Ltd is not obliged to deliver the due services of the client.
- The client is not responsible for processing and paying the taxes of the Developer . Reporting, deposit and payment of all local and national taxes lies at the prerogative of the Developer.
- All service charges are inclusive of VAT, payable to the government by the Developer.
11. Dispute Resolution
- Where any dispute arises between the Parties in respect of any matter under this Agreement, the Parties will undertake every effort in settling the dispute amicably within One (1) calendar month.
- Where the dispute is not resolved amicably within a month, then upon either Party given written notice of the dispute to the other, the matter shall be referred to an Arbitrator if the Parties can agree upon one, or failing agreement, three Arbitrators, one to be appointed by each Party and both appointing a third.
- The proceedings shall be held in Accra and subject to the provisions of the Arbitration Act 1961 (Act 38). All notices, demands and other communications required to be delivered or served on the other Party shall be made in writing and unless otherwise stated may be made by the letter, fax, or electronic mail to the contracts provided in section 1 and 2.
12. General Provisions
- The interpretation, construction and effect of this Agreement shall be governed and constructed in all respects in accordance with the Laws of Ghana.
- If any of this Agreement is found by any Court of Competent jurisdiction to be invalid or unenforceable, the reminder of such provision or part of this Agreement shall be interpreted so as best to effect the intent of the Parties.
- This Agreement constitutes the entire Agreement and understanding between the Parties and supersedes all previous agreements, understandings and undertakings in such respect.
- This Agreement cannot be changed except by written agreement between the Parties. No action or failure to act by the Parties shall constitute a waiver of any right or duty afforded any of them under this Agreement; nor shall any such action or failure to act constitute an 4 approval of acquiescence in any breach there under, except as may be specifically agreed to in writing.
- This Agreement shall be amended only in writing upon mutual consent by both Parties and duly signed by authorized representatives of both.