Webdeli
Self Employed Independent Contract Agreement
Client
Webdeli.co.uk
3 Chesterton Place
Chester Road
Newquay
TR72RU
Background
A. The client is of the opinion that the contractor has the necessary qualifications , experience and abilities to provide services to the client.
B. The contractor is agreeable to provide such services to the client on the terms and conditions set out in this agreement.
In Consideration Of
the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Services Provided
1. The Client hereby agrees to engage the Contractor to provide the Client with the following services.
Designing advertising adverts for the customers of Webdeli Local at different sizes for their Webdeli Local A4 flyer advert. Full design will be required for each and every edition Webdeli Local has to offer now and in the future. The contractor design work will include each individual design and placement in the Webdeli Local editions and the final design of the A4 flyer artwork ready for print.
There will be three slots per edition to be booked at no extra cost to Webdeli Local's own discretion. If a slot is available that hasn't been bought, Webdeli Local will have the option to use this slot for advertising purposes.
If in time Webdeli Local expands their A4 flyer, the payment may be reduced as more cost-effective ads will be available. A new agreement will be discussed at that time.
Artwork must be completed within 48 hours of a customer purchasing their slot within the working hours and days agreed. When an advert proof is completed, it must be emailed instantly via the Customer Proof form in the contractor's Webdeli My Account. Once a slot has been purchased by a customer, the customer is required to fill out an information form with their relevant design information. This information will be delivered to jim@webdeli.co.uk directly as the form is completed by the customer. There are two forms supplied to the customer: one form is to supply the customer's own artwork, and the other form is to supply information on the customer's new design. If a customer's own artwork needs attention, this is something that the contractor will have to correct to a good standard ready for print.
The contractor will be responsible for dealing with all Webdeli customers once receiving their design information and up to the approval process. The contractor will need too communicate with the customer via email and sometimes via phone calls when required. A phone number will be supplied to the contractor, and an email address that can only be used for these purposes. No other emails or contact numbers not supplied through Webdeli can be used.
All editions have a targeted time slot to be ready to print and must be prioritised against other editions as the print date approaches. The design process must be upheld at all times to avoid any delays and to keep up with Webdeli's customer terms and conditions.
Design Process
- Customer purchases their slot and fills out their chosen design information form.
- Design information will be sent to jim@webdeli.co.uk
- The contractor will start designing the new advert or will need to check the current customers own artwork is ready to print within 24 hours.
- The contractor will contact the Webdeli Local customer using the customer proof form in the contractors My Account with an artwork sample for the customer to approve within 48 hours of receiving the information from the customer.
- If the a customer is satisfied with their design proof there will be a link in the customer proof form that will be sent to the customer to approve their artwork. If the customer requires changes they will contact jim@webdeli.co.uk for all amends.
- A copy of the completed approved artwork will be sent to jim@webdeli.co.uk and also to the Webdeli admin team.
- Webdeli will now add the artwork to the A4 Flyer edition on the Webdeli website.
- When the edition is complete on the Webdeli website this will then be forwarded to jim@webdeli.co.uk
- The contractor will use the template that has been received from webdeli and make the A4 flyers with the same layout ready to print per edition.
- The contractor will the be required to email the A4 flyer edition that is ready to print to design@webdeli.co.uk
When the contractor takes a holiday, all artwork must be completed prior to the holiday start date to ensure that all editions are finished on time.
Commissions
With this being a paid per advert only position to start with Webdeli is offering the advert payment rates as below.
The contractor will receive £25.00 every time a customer purchases an advertisement slot on Webdeli Local A4 flyer distribution. If Webdeli does not sell their artwork upgrade the contractor will still get paid for the advertising slot the customer has purchased from Webdeli. The contractor will include 3 free slots per edition for the use of Webdelis own discretion.
2. The service will also include any other tasks which the parties may agree on. The Contractor hereby agrees to provide such services to the Client.
Term of Agreement
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until termination as provided in this Agreement.
4. In the event that either third Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ written notice to the other party.
5. In the event that either Party breaches a material provision under this Agreement, the non-defaulting party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting against all reasonable damages.
6. This Agreement may be terminated at any time by mutual agreement of the parties.
7. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
Performance
8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
9. Except as otherwise provided in this Agreement, all monetary amounts to be referred to in this Agreement are in GBP.
Payment
10. The Contractor will charge the Client for the Services as follows (the "payment") Pay per advert only based agreement.
11. Payments will be made instantly as a Webdeli Local customer purchases their booking slot using a split payment method via the Webdeli website using stripe payment merchant. The payment of £25.00 for the contractor will be paid to the account registered jim@webdeli.co.uk. The commission fee charged by stripe to the contractor will not be chargeable back to Webdeli and will be charged to the contractor before the funds clear in the contractors bank account.
12. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
13. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
Confidentiality
14. Confidential information (the "Confidential Information") refers to any data of information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the client.
15. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and survive indefinitely upon termination of this Agreement.
Ownership of Intellectual Property
16. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations, or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any matter.
17. The Contractor may not use the Intellectual Property for any other purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
Return of Property
18. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the client.
Capacity/Independent Contractor
19. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting an an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of Substitution
20. Expect as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contactor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the services.
21. In the event that the Contractor hires a sub-contractor:
The Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
For the purpose of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
Autonomy
22. Expert as otherwise in this Agreement, the contractor will have full control over working time, methods, and decision making in relation to provision of the services in accordance with the Agreement. The Contractor will autonomously and not at the direction of the Client, However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
Equipment
23. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor's own expense, any and all tools, machinery, equipment, raw materials, supplies, work wear and any other items or parts necessary to deliver the Services in accordance with this Agreement.
No Exclusivity
24. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contact with third parties for the provision of services similar to the services.
Notice
25. All notices, requests, demand or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses, or such to other address as either third Party may from time to time notify the other.
Webdeli.co.uk
3 Chesterton Place
Chester Road
Newquay
TR72RU
