SERVICE AGREEMENT - TERMS & CONDITIONS
This service agreement is intended as a legally binding agreement between Brady Smith, of Invicta Enterprises (Developer) and the person/entity accepting this agreement (Client), collectively known as the “Parties”.
Client has agreed to allow the above Developer to perform the above “Scope of Work” (referred to as the “project”).
Developer is interested in undertaking such work; and Client and Developer mutually desire to set and agree to the following terms and conditions as listed.
Developer’s Responsibilities: Deliverables
The specific deliverables and project requirements shall be governed by the Scope of Work included in the product details on the associated web page of Invicta's website (https:/www.invicta.enterprises/).
Client’s Responsibilities: Content & Information from Client
Prior to the Developer beginning the Scope of Work, the Client agrees to deliver any and all required Content and Information (including, but not limited to: login access to necessary account, logo files, artwork, images, style guides, font guides, text copy for the site, etc.) to the Developer.
IMPORTANT: In order to begin this project, getting the necessary Content & Information from you (the Client) is absolutely essential. Once this Service Agreement is signed, the Developer may provide a list of all needed content & information along with instructions on how to go about providing content & information to the Developer.
Client and Developer will set a deadline for the website content to be compiled and delivered by the Client to the Developer. If the necessary content is not delivered to the Developer by the agreed upon deadline, Client acknowledges that the Developer will commence the Scope of Work using placeholder content (placeholder text, images, etc.) so that the project can move forward.
If placeholder content is used, Client acknowledges that the Developer will not be responsible for replacing the placeholder content on the site. Client may replace the placeholder content on the site themselves or the Client may request that the Developer perform the required tasks for an additional fee.
If the Client chooses to replace the placeholder content on the site themselves, upon completion of the Scope of Work, Developer may provide Client with 'how-to' instructions (in video and/or text format) showing how the Client can replace placeholder content on the website.
If Client requests that the Developer perform the required tasks to replace the placeholder text on the site, Client acknowledges that this task is outside of the Scope of Work and will therefore be charged as an additional fee.
Tasks Outside Scope of Work
Client agrees that the total project cost applies only to the agreed upon Scope of Work and that any and all tasks outside of the Scope of Work listed above are not included in the total project cost.
If Client requests tasks to be completed that fall outside of the Scope of Work, the Developer may supply the client with a new, additional proposal (via email or document) that lays out what tasks are to be completed and how much it will cost (in addition to the total project cost).
Client agrees that certain tasks falling outside of the Scope of Work and requiring additional compensation to the Developer will not be cause of termination for this agreement.
If the Client requires additional work to be done beyond that contained in the above listed Scope of Work, the Client will be billed at the normal hourly rate of $150.00 per hour for the performance of the additional work.
Suspended & Abandoned Projects
If there is no active communication from the Client for longer than 90 days, the Scope of Work will be considered Abandoned. To restart an Abandoned project, Client agrees that the Scope of Work and the total due may be subject to change prior to restarting the project. Client also agrees to pay the updated total amount due for the project prior to restarting the Abandoned project.
Plan of Payment
This entire website development services agreement shall be invoiced for the monthly amount of the Client's selected product.
In the event payment is not made within 15 days, Invicta Enterprises will charge a late payment fee of 10% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Invicta Enterprises pays for carrying overdue invoices from Client. In addition, Invicta Enterprises reserves the right to stop work and/or discontinue services until payment is received.
The Client agrees to make an initial nonrefundable payment to commence the project. Client acknowledges that the Developer will begin the Scope of Work AFTER the initial payment has been successfully made AND once the Client has successfully provided the necessary Content & Information (see “Content & Information from Client”).
After initial payment, Client will be billed monthly beginning at the end of the current month. Client agrees to make monthly payments in order to continue service. Client acknowledges and agrees that all payments are nonrefundable.
Client agrees to reimburse the Developer for any and all costs incurred in the registration of the domain name (if applicable) and the purchase of the hosting plan (if applicable).
PayPal: invoice can be sent via PayPal upon request (please note, a 3% surcharge will be added to all payments)
Stripe: We will collect your credit card information and set up recurring monthly payments (if applicable). 3% surcharge will not apply to automatic monthly recurring payments made via Stripe.
Website hosting & monthly maintenance
Clients that select a "Website Hosting & Monthly Maintenance" or a "Monthly Maintenance" plan and choose to pay on a monthly basis agree that they are committing to a 12 month contract.
If the client chooses to cancel a monthly "Website Hosting & Monthly Maintenance" plan BEFORE the end of 12 months, the client agrees to pay for the remaining amount of hosting that would have been due as well as a $50 administrative fee.
All "Website Hosting & Monthly Maintenance" or a "Monthly Maintenance" plans will renew automatically until the client requests a cancellation. Cancellation requests can be emailed to firstname.lastname@example.org
Should any conflicts arise related to this agreement, the Parties agree to seek a suitable resolution through a neutral mediator, whose ruling shall be considered final and binding on both parties.
By subscribing to a product, the Parties hereby enter into a binding website development services agreement with one another.