1. Project Ownership and Collaborative Rights
All preparation materials, outlines, visuals, and electronic files created during the project remain the property of Elleria Consulting. The final deliverables (including but not limited to strategic plans, frameworks, incentive drafts, and reporting materials such as infographics, mini reports, and slide decks) will become the property of the client upon receipt of the agreed-upon payment or when the files are moved to the shared "Deliverables" folder, whichever comes first.Elleria Consulting retains the non-exclusive, perpetual, and worldwide right to display, reproduce, and distribute the deliverables in professional portfolios, websites, third-party publications, awards, or exhibits, solely for the purpose of promoting its work. Credit for authorship will be acknowledged, or identifying information may be removed in any such use.Final payment ensures that only the agreed-upon deliverables become the property of the client. Any preliminary ideas or concepts remain the property of Elleria Consulting unless a separate agreement has been made regarding those specific elements.
2. Confidentiality
In the course of our partnership, Elleria Consulting may gain access to sensitive information related to the client, including insights into its past, present, and future, customer names, marketing strategies, and project details. Elleria Consulting is committed to safeguarding all of this information and ensuring it remains confidential. This trust is essential to our collaboration. However, Elleria Consulting will retain the right to showcase final deliverables on its website or in promotional materials, highlighting the successful outcomes of the joint efforts.
3. Payment, Late Payments, and Flexibility
Timely payment is essential for the smooth progression of our project. An initial deposit is required as work begins, with the remaining balance due upon completion of the project. In the event of a late payment, a grace period of five business days will be allowed for any errors or delays. After this period, a late fee of 5% of the outstanding balance will be applied per 10 business days or part thereof until the payment is received. This fee will be clearly noted on the final invoice.If you anticipate any issues with meeting the payment schedule, please communicate with Elleria Consulting as soon as possible to find a mutually agreeable solution.
4. Changes and Modifications
Any requests for significant changes to the scope of work after the agreement is made may require additional time and fees. Elleria Consulting will discuss these changes with the client and provide an updated estimate of any additional costs or project extensions.
5. Limitation of Liability
Elleria Consulting’s liability is limited to the amount paid for the services provided. We are not liable for any indirect, special, or consequential damages arising out of the project, whether in contract, tort, or otherwise.
6. Intellectual Property Rights
The intellectual property rights to any original content created for the project, including designs, methodologies, and frameworks, will remain the property of Elleria Consulting unless otherwise specified in the agreement. The client is granted a license to use the deliverables for the purpose intended but may not distribute, reproduce, or alter any of the original content without explicit permission from Elleria Consulting.
7. Force Majeure
Elleria Consulting shall not be held liable for any delay or failure in performance under this agreement if such delay or failure is caused by events beyond its reasonable control, such as natural disasters, strikes, or government actions.
8. Governing Law
This agreement shall be governed by the laws of the state of New York, and any disputes will be resolved in the appropriate courts located in New York.
9. Contact Information
For any questions regarding these terms and conditions, please contact Elleria Consulting at:
hello@elleria.co
UPDATED: January 2025
