Terms & conditions
Effective 1 June 2016
1.A. Our business relationship. These general terms cover my relationship with my clients. Some clients may have separate written agreements whose terms differ from or modify these terms; please refer to any separate written agreements I have made with you for additional or different terms and conditions. If you do not have a separate written agreement with me, these terms in whole cover your business transactions with me, and you agree to them when you engage me for any and all work.
- “I, me, my” refers to Dustin Tyler Joyce
- “You, your” refers to you and/or your organization
- “In writing” includes via email
2. Billing & invoicing
2.A. Invoicing schedule. I generally invoice my clients when a requested project is completed and/or on or around the last business day of the month. These end-of-month invoices usually include all projects completed for the invoiced client during the preceding calendar month. However, I reserve the right to alter, without prior notice, my invoicing schedule. In particular, some large projects may billed separately or incrementally.
2.B. Expenses. Unless special arrangements are otherwise made in writing, fees and expenses I incur to complete my work for you will be your responsibility and will be billed directly to you. These costs will be approved by you in writing in advance of being incurred. You will be billed for all reimbursable expenses, together with receipts or other appropriate documentation of these expenses. This bill will generally be included in the regular invoice you receive from me (see section 2.A above); payment for reimbursable expenses will be made by you by the due date of the invoice (generally within 30 days; see section 3 below).
3. Invoice due date
3.A. Payment deadline. Payment for invoices from me is due upon receipt of an invoice. Invoices for which payment is not received by 11.59pm Eastern Time on the 30th calendar day following the date of an invoice are subject to late fees (see section 5.A below). Regardless of how payment is made, it is the client’s responsibility to ensure that I receive payment before late fees begin to accrue. In particular, if payment is made by check (see section 4 below), regardless of postmark, I must receive the check by this deadline.
3.B. Reminders. I will endeavor to remind clients via email of unpaid invoices before the due date. I do this as a courtesy and am not liable for overdue invoices if these reminders are not sent or are disregarded or misdirected. I suggest that clients check their spam filters to ensure that email messages from me arrive in the inbox. I am not responsible for email messages that are sent to spam folders or otherwise misdirected, unless an error was made on my part in entering an email address.
3.C. Extended deadline. If your organization’s accounting department generally takes longer than 30 days to process invoices and payments, I can extend the payment deadline for an individual invoice to 60 days for an additional fee of $5.00 or 1.5% of the invoice amount, whichever is greater.
- Major credit card (Visa, MasterCard, American Express, or Discover)
- Google Wallet/Android Pay
Payment via credit card and PayPal should be completed online following the instructions found in your invoice. If you pay by check, you should mail your check to the address in the invoice you receive from me.
4.B. Additional payment methods. If you would like to fulfill your invoice with another method of payment, please notify me as soon as possible. I will endeavor to work with you to the best of my ability, though please note that I may not be able to accept all payment methods.
5. Late & other fees
5.A. Late fees. Invoices that remain unpaid 30 days after billing are considered overdue and are subject to a monthly late fee of $10.00 or 3%, whichever is greater. If your invoice has incurred one or more late fees, the fee(s) should be submitted with your payment for that invoice. An invoice that has incurred late fees but whose original invoice amount has been paid is not considered closed until all late fees are paid as well.
6.A. Work I produce for you. I fully intend for my clients to own the copyright for the work I do for them. However, you agree (1) that I retain a perpetual, royalty-free license to use the work I do for you in my portfolio, which may be in print, electronic, or online; and (2) that I retain the copyright over the work I do for your organization until I receive payment in full (including late fees, if any) from you. Upon receiving payment, the copyright will transfer to you or your organization and I will retain my license for use in portfolios. Prior to receiving payment, printer-ready and other prepared files I send to you include a limited license for your printing, presentation, or other use of the work.
6.B. Ownership of files. Unless consented to in a prior written agreement, I retain ownership of my copy or copies of the original or “native” files for the documents, artwork, and other materials I create for you. If you wish to receive copies of these files for your own records or use, I will provide them for a fee after I have received payment in full from you. Please note that your copyright does not give you ownership of my files, even when those files contain your copyrighted material; your copyright simply prohibits me from reproducing that work for purposes other than those in accordance with my license.
6.C. Email messages and attachments. My copies of all email messages, email attachments, and other correspondence I receive from your organization are my property. (This should not be construed as a claim to copyright. Your organization retains its copyright on all original documents, files, correspondence, and other intellectual property you send to me for which your organization owns the copyright.)
6.D. Outgoing correspondence. My outgoing correspondence to your organization, including emails and email attachments not subject to the terms above, are copyrighted by me and may not be duplicated for any purpose other than conducting your organization’s business relationship with me.
6.E. Creative Commons. Original content on my website, dtjoyce.com, is available under a Creative Commons license, unless otherwise noted. More information is available here.
7.A. Independent contractor status. You understand that you are engaging me as an independent contractor. These terms and conditions, the business/working relationship between you and me, and my work for you are not intended to create any partnership, joint venture, co-ownership, agency, or employment relationship between us. Unless you and I specifically agree in writing, neither you nor I will act as an agent or make commitments on each other’s behalf.
7.B. Etsy shop. These terms and conditions do not apply to my Etsy shop, which is covered by policies that may be found here.
8.A. Choice of law. My consulting work is a sole proprietorship based in Brooklyn, Kings County, New York, United States of America. You agree that my relationship with you is subject to the laws and jurisdiction of the City and State of New York and the United States of America. In the unlikely event that litigation should be required, you agree that it will take place in the courts of the City and State of New York.
8.B. Indemnification. I am not liable to you or any third party for damages, including lost profits, lost savings, and/or other incidental consequential or special damages, arising out of the work I do for you even if you advise me of the possibilities of such damages. You agree to defend, indemnify, and hold me harmless from any and all liabilities, losses, costs, damages, penalties, and any other expenses including attorney’s fees arising directly or indirectly from the business relationship between you and me. Additionally, you will indemnify and hold me free and harmless from any obligation, cost claim, judgement, attorneys, fees, and attachments rising from, growing out of, or in any way connected with the services rendered to you under these terms and conditions.
8.C. Waiver of counterclaims. You waive any and all of your rights to interpose any claims, deductions, setoffs, or counterclaims of any nature in any dispute with respect to these terms and conditions or my work for you. Any claims, deductions, setoffs, or counterclaims must be brought as a separate action subject to section 8.A above.