Cubist Consultation Terms & Conditions
By purchasing the 10-Hour Cubist Engineering Consultation package, Client has retained Cubist Engineering (the "Vendor") to provide consulting services that include but are not limited to the design and illustration of and research pertaining to a proposed structure or structures. Client agrees to the terms and conditions as set forth in this Agreement.
SCHEDULING: Consulting services shall be purchased in 10-hour blocks for a price of $1,500.00 (fifteen hundred dollars). Those hours shall be expended upon tasks that are agreed upon by Client and Vendor (the “Work”) prior to the commencement Work in a time frame agreed upon per task by Client and Vendor. Vendor agrees to complete the Work during normal working hours, defined as Monday through Friday, between the hours of 9:00am to 5:00pm EST or EDT. The first Contract Day begins on the date of execution of the Agreement. The order and priority of the Work will be agreed upon by both parties and scheduled by Vendor around Vendor’s availability.
Vendor will provide Client at regular intervals or at Client’s request an accounting of hours worked and remaining, with description of time spent in no less than 30-minute increments.
ADDITIONAL PURCHASE AND EXPIRATION OF HOURS: Any hours of consulting not yet used within 1 (one) calendar year from Contract Date shall be forfeited unless otherwise agreed upon by both parties.
If all hours have been expended and Client wishes to continue the Work, Client may purchase an additional block of 10 hours, subject to this Agreement.
If Client has a balance of unused hours at the time of entering into a build contract with Vendor, Client shall be credited any unused hours in 30-minute increments at a value of $75 per 30 minutes, with the credit applying to the cost of the build under contract.
PAYMENT: Vendor will invoice Client for the $1500.00 fee outlined above and payment shall be made before the commencement of Work.
All expenses for pre-approved travel will be reimbursed by Client. Vendor will seek pre-approval for any anticipated travel-related expenses. Client will submit invoices detailing all travel expenses no more than 10 days after travel, payable net 30 days from receipt of invoice.
CANCELLATION OF CONTRACT: Either party may cancel the Agreement at any time, before which they need to serve a notice period of two weeks. Upon cancellation, Client will forfeit any unused consulting hours. No refunds will be issued unless otherwise agreed upon by both parties.
INDEMNIFICATION: In the event that Vendor incurs any loss or expense (including reasonable attorneys’ fees and/or costs) as the result of any claim, suit or proceeding made or brought against Vendor based upon or relating to any Work which Vendor has prepared for Client, with the exception of any claims based on damages alleged to have been intentionally caused by Vendor, which work is either approved by you or was based on materials, statements, ideas or instructions from Client, Client agrees to indemnify Vendor and to hold Vendor harmless from and against any such loss or expense. The obligation to indemnify Vendor hereunder shall not be deemed terminated upon cancellation. Vendor will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of this contract. Vendor’s maximum liability under this contract shall not exceed the total fees received by it hereunder.
OWNERSHIP OF WORK: Vendor hereby grants Client ownership of any Work product, including but not limited to renderings, illustrations or research, produced during consulting period, and Vendor agrees not to make any copyright claim to Work product, provided Client hereby grants Vendor permission to use any Work product in advertising, marketing, public relations or similar publications (such as, but not limited to, marketing brochures, press releases, case studies or references). Client may request that Vendor remove any personally identifying information related to any of the above Work product prior to any such usage.
CONFIDENTIALITY: In view of the fact that Vendor’s work will bring Vendor into close contact with many confidential affairs of Client not readily available to the public, and plans for future developments, Vendor agrees to keep secret all matters, except for the existence of this engagement generally, and further agrees not to disclose any such matters to anyone outside of Vendor throughout the term of this agreement, without written consent from Client.
DISCLAIMER: Client can’t transfer this contract to any other party without the permission of Vendor. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. This contract is a legal document under exclusive jurisdiction of United States courts.