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347.616.3501 N.Y.

202.649.0404 D.C.


Terms & conditions

effective 1 june 2017
The latest version of these terms and conditions can be found at

1. Introduction 3. Invoice due date Payment via credit card and PayPal should be
completed online following the instructions found
1.A. Our business relationship. These general 3.A. Payment deadline. Payment for invoices from in your invoice. If you pay by check, you should mail
terms cover my relationship with my clients. Some me is due upon receipt of an invoice. Invoices for your check to the address in the invoice you receive
clients may have separate written agreements whose which payment is not received by 11.59pm Eastern from me.
terms differ from or modify these terms; please refer Time on the 30th calendar day following the date of
to any separate written agreements I have made with an invoice are subject to late fees (see 5.A below). 4.B. Additional payment methods. If you would
you for additional or different terms and conditions. Regardless of how payment is made, it is the clients like to fulfill your invoice with another method of
If you do not have a separate written agreement responsibility to ensure that I receive payment before payment, please notify me as soon as possible. I will
with me, these terms in whole cover your business late fees begin to accrue. In particular, if payment is endeavor to work with you to the best of my ability,
transactions with me, and you agree to them when made by check (see 4 below), regardless of postmark, though please note that I may not be able to accept all
you engage me for any and all work. I must receive the check by this deadline. payment methods.

1.B. Definitions. 3.B. Reminders. I will endeavor to remind clients via 4.C. Payment by phone. I cannot accept payment
email of unpaid invoices before the due date. I do this by phone.
I, me, my refers to Dustin Tyler Joyce as a courtesy and am not liable for overdue invoices
You, your refers to you and/or your if these reminders are not sent or are disregarded or
organization misdirected. I suggest that clients check their spam 5. Late & other fees
In writing includes via email or other digital filters to ensure that email messages from me arrive
means in the inbox. I am not responsible for email messages 5.A. Late fees. Invoices that remain unpaid 30 days
that are sent to spam folders or otherwise misdirected, after billing are considered overdue and are subject to a
unless an error was made on my part in entering an monthly late fee of $10.00 or 3%, whichever is greater.
2. Billing & invoicing email address. If your invoice has incurred one or more late fees, the
fee(s) should be submitted with your payment for
2.A. Invoicing schedule. I generally invoice my 3.C. Extended deadline. If your organizations that invoice. An invoice that has incurred late fees but
clients when a requested project is completed and/or accounting department generally takes longer than 30 whose original invoice amount has been paid is not
on or around the last business day of the month. These days to process invoices and payments, I can extend the considered closed until all late fees are paid as well.
end-of-month invoices usually include all projects payment deadline for an individual invoice to 60 days
completed for the invoiced client during the preceding for an additional fee of $5.00 or 1.5% of the invoice 5.B. Collection fees. You agree to pay all reasonable
calendar month. However, I reserve the right to amount, whichever is greater. attorneys fees and/or other fees or costs if the account
alter, without prior notice, my invoicing schedule. In is placed with an attorney or collection agency for
particular, some large projects may billed separately or 3.D. Payments not received. If you fail to pay, or if collection.
incrementally. you fail to pay by the deadline agreed to in my contract
with you or pursuant to 3.A and/or 3.C above, you
2.B. Expenses. Unless special arrangements are may be required to pay damages equal to double the 6. Copyright
otherwise made in writing, fees and expenses I incur to value of the contract per the New York City Freelance
complete my work for you will be your responsibility Isnt Free Act of 2016 (see 9.B below). 6.A. Ownership of copyright. I retain the copyright
and will be billed directly to you. These costs will over the work I do for you until I receive payment in
be approved by you in writing in advance of being full from you, including late fees or court-imposed
incurred. You will be billed for all reimbursable 4. Payment damages (see 9.B below), if any. Prior to receiving
expenses, together with receipts or other appropriate payment, printer-ready and other prepared files I
documentation of these expenses. This bill will 4.A. Primary payment methods. I am happy to send to you include a limited, revocable license for
generally be included in the regular invoice you receive accept the following forms of payment: your printing, presentation, or other use of the work.
from me (see 2.A above); payment for reimbursable Upon receiving payment, the copyright will transfer
expenses will be made by you by the due date of the Major credit card (Visa, MasterCard, American to you or your organization and I will retain a license
invoice (generally within 30 days; see 3 below). Express, or Discover) pursuant to 6.B below.
2.C. Electronic invoicing. In most instances, I prefer Google Wallet/Android Pay 6.B. Perpetual, royalty-free license. You agree that
to invoice my clients electronically via email. Check I retain a perpetual, royalty-free license to use the work
I do for you, including drafts, in my portfolio, blog
posts, social media, publications, and other materials 7.B. Promotion discount. Where possible on dont specify a payment date, payment must be
that I produce to showcase my work, highlight my materials I produce for you, I will include an made within 30 days after work is completed.
skills to potential clients and others, or discuss my unintrusive logo, URL for my website, and/or other Failure to pay in a timely manner may subject
work processes. You understand that this portfolio and identifier to promote my work to potential clients. you to a penalty of double the value of the
other materials may be in print and/or digital formats, In return, I will provide a 15% discount on my final contract.
including on the internet where it will be publicly invoice for that work. If you prefer that I not include
accessible. This license is nontransferable without such an identifier, or if it is not possible to include such Because I perform most of my work in New York City,
prior permission, verbal or written, from you. an identifier on the material, I will remove the 15% this law likely applies to my relationship with you,
discount from my final invoice. contracts or agreements you and I enter into, and the
6.C. Ownership of files. Unless consented to in a work I do for you (see 9.A above).
prior written agreement, I retain ownership of my
copy or copies of the original or native files for the 8. Miscellaneous For more information on the law, visit
documents, artwork, and other materials I create for
you. If you wish to receive copies of these files for your 8.A. Independent contractor status. You
own records or use, I will provide them for a fee after understand that you are engaging me as an
I have received payment in full from you. Please note independent contractor. These terms and conditions, 9.C. Indemnification. I am not liable to you or
that your copyright does not give you ownership of my the business/working relationship between you and any third party for damages, including lost profits,
files, even when those files contain your copyrighted me, and my work for you are not intended to create lost savings, and/or other incidental consequential
material; your copyright simply prohibits me from any partnership, joint venture, co-ownership, agency, or special damages, arising out of the work I do
reproducing that work for purposes other than those or employment relationship between us. Unless you for you even if you advise me of the possibilities of
in accordance with my license. and I specifically agree in writing, neither you nor I such damages. You agree to defend, indemnify, and
will act as an agent or make commitments on each hold me harmless from any and all liabilities, losses,
6.D. Email messages and attachments. My copies others behalf. costs, damages, penalties, and any other expenses
of all email messages, email attachments, and other including attorneys fees arising directly or indirectly
correspondence I receive from your organization are 8.B. Etsy shop. These terms and conditions do not from the business relationship between you and me.
my property. (This should not be construed as a claim apply to my Etsy shop, which is covered by policies Additionally, you will indemnify and hold me free and
to copyright. Your organization retains its copyright that may be found at harmless from any obligation, cost claim, judgment,
on all original documents, files, correspondence, and attorneys, fees, and attachments rising from, growing
other intellectual property you send to me for which out of, or in any way connected with the services
your organization owns the copyright.) rendered to you under these terms and conditions.
9. Jurisdiction
6.E. Outgoing correspondence. My outgoing 9.D. Waiver of counterclaims. You waive any and
correspondence to your organization, including emails 9.A. Choice of law. My consulting work is a sole all of your rights to interpose any claims, deductions,
and email attachments not subject to the terms above, proprietorship based in Jackson Heights, Queens setoffs, or counterclaims of any nature in any dispute
are copyrighted by me and may not be duplicated for County, New York, United States of America. You with respect to these terms and conditions or my
any purpose other than conducting your organizations agree that my relationship with you is subject to the work for you. Any claims, deductions, setoffs, or
business relationship with me. laws and jurisdiction of the City and State of New counterclaims must be brought as a separate action
York and the United States of America. In the unlikely subject to 9.A above.
6.F. Creative Commons. Original content on my event that litigation should be required, you agree that
website,, is available under a Creative it will take place in the courts of the City and State of 9.E. Validity of terms. This digital version of these
Commons license, unless otherwise noted. More New York. terms and conditions is valid and binding as if it were
information is available at a printed version signed by both you and me. In the
9.B. Notice of New York City freelancer law. On event of a discrepancy between versions of these terms,
15 May 2017, New York Citys Freelance Isnt Free Act the current version posted in HTML at
7. My logo and (Local Law 140 of 2016), went into effect. Among other terms shall be deemed the correct and valid version.
requirements, this law provides that:
corporate identity 9.F. Changes in terms. These terms are subject to
Contracts or agreements with a value of $800.00 change. Clients should visit for
7.A. My logo. My logo and icon and variations or more, including multiple contracts with a the latest version of these terms and conditions. I will
thereof; my serpentine; my color palette; and combined value of $800.00 or more over a period endeavor to notify clients of changes in these terms;
other elements of my corporate visual identity are of 120 days, must be in writing. such notification may be in the form of a blog post,
trademarks owned by me and may not be copied under Payment must be made by the date specified in email signature, social media post, or other passive
any circumstances without my written permission. the contract or agreement. For contracts that form of notification.

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