Dina African Jewellry store

Email: hello@dinaafrican.com | Tel: 07568962222 | Web: dinaafricanjewellrystore

Retainer and Deposit Agreement

1. Parties and Background

1.1 This Agreement is entered into by and between Dina African Jewellry store, located at [Address], email: hello@dinaafrican.com (the "Service Provider"), and the client identified in the signature block (the "Client").

1.2 The Service Provider is engaged in the supply and bespoke creation of artisanal jewellery. The Client wishes to engage the Service Provider for professional services, and the parties agree that a retainer arrangement is necessary to secure capacity, resources, and exclusivity for the Client’s requirements.

1.3 This Agreement sets out the terms under which the Client will pay a retainer to the Service Provider to ensure timely delivery of services and project prioritisation.

2. Definitions

2.1 Retainer Fee: The upfront payment made by the Client to secure the Service Provider’s availability.

2.2 Retained Services: The specific scope of work defined in Section 4 of this Agreement.

2.3 Billing Period: A recurring calendar month or specific project phase duration.

2.4 Unused Retainer: Any portion of the pre-paid funds not exhausted by rendered services at the end of a Billing Period.

2.5 Invoice: A formal request for payment issued by the Service Provider detailing the work performed.

2.6 Carry Forward: The mechanism by which unused hours or funds are transferred to the subsequent Billing Period.

3. Retainer Amount and Payment

3.1 The Client shall pay the Retainer Fee in the amount agreed upon in the initial project proposal, payable via bank transfer or approved card payment prior to the commencement of any services.

3.2 Failure to pay the Retainer Fee by the due date shall permit the Service Provider to suspend all obligations and refuse the commencement of any works until funds are cleared.

3.3 Any late payment of invoices issued against the retainer will be subject to interest at a rate of 4% above the Bank of England base rate, calculated daily from the due date until the date of actual payment.

4. Scope of Retained Services

4.1 The Retained Services cover specific design consultations, supply chain management, and assembly services as explicitly outlined in the project brief.

4.2 This retainer includes a maximum of [X] hours per Billing Period. Any time spent beyond this threshold will be classified as Additional Services.

4.3 Expressly excluded from the retainer are third-party material procurement costs, shipping insurance, and expedited international delivery fees, which shall be billed separately.

5. Refund and Carry Forward Policy

5.1 Upon the conclusion of a Billing Period, any Unused Retainer shall be forfeited and is non-refundable. The parties agree that the retainer primarily secures the Service Provider’s availability and reservation of time.

5.2 Refunds are available only if the Service Provider fails to commence the services within 14 days of the scheduled start date, provided the delay is not caused by the Client.

5.3 Any refund request must be made in writing. Once the Service Provider has commenced work, no portion of the initial retainer deposit is refundable.

6. Term, Termination, and Confidentiality

6.1 This Agreement shall commence on the date of signature and remain in effect for the duration of the project or until terminated by either party with 30 days’ written notice.

6.2 Both parties agree to maintain the confidentiality of all trade secrets, pricing structures, and client lists shared during the duration of this Agreement.

6.3 Upon material breach of this Agreement, the non-breaching party may terminate immediately without prejudice to any other rights or remedies.

7. Dispute Resolution and Governing Law

7.1 Any disputes arising out of this Agreement shall first be resolved through good-faith negotiation. If no resolution is reached within 21 days, the parties agree to engage in professional mediation before pursuing litigation.

7.2 This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

7.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, and no person other than the parties hereto shall have any rights under it.

Signatures

Service Provider: Dina African Jewellry store

Signature: __________________________ Date: ______________

Client: __________________________

Signature: __________________________ Date: ______________