KARMEN KENDRICK CREATIVE

Terms of Service

Introduction

Client is contracting Karmen Kendrick as a provider of website support and maintenance services. You agree to provide us with everything we need including text, images, and other information when we need it and in the format that we ask for. You agree to adhere to the payment schedule, review our work, provide feedback, and provide sign-off approval promptly.

This agreement is between Client and Karmen Kendrick Creative.

Client is contracting Karmen Kendrick Creative as a provider of website maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged at a regular hourly rate of $100, and will not be considered part of this contract.

Scope of Work

The following section outlines all services included in your Concierge Plan. If a service is NOT listed, then it will NOT be included in your plan.

Outside of Scope of Work

This section outlines what is not included in your concierge plan.

  1. Web site redesign, re-alignment or re-development equalling more than 50% change to web page, web site, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%).
  2. CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.

Total Agreement

Karmen Kendrick Creative shall provide Client with minor updates to the website for an indefinite period of time within this contract. The contract will be paid on a monthly basis with the 1st payment due as soon as this agreement is signed and each payment due around the date of the initial payment of each month. If any invoice is unpaid by the due date, a non-compounding late fee of 10% accrues monthly on the outstanding amount.

During the duration of this contract, the Client agrees that Karmen Kendrick Creative will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than Karmen Kendrick Creative makes changes to the website, any errors that are created must be repaired and will be charged for at the hourly rate specified above. Minor updates should not exceed more than 50% of the content on any single site page, The percentage to be determined by Karmen Kendrick Creative.

Deadlines & Deliverables

Karmen Kendrick Creative will respond to all maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 5 pm EST may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.

Karmen Kendrick Creative will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that Karmen Kendrick Creative has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.

Additional Services & Fees

Any revisions, additions or redesign Client requests Karmen Kendrick Creative to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Karmen Kendrick Creative shall advise Client on any requested work that falls within these bounds.

The hourly rate at the time of this contract until project completion will be $100. This rate will be used to bill any requests not covered in the Scope of Work listed herein this contract. Please note the hourly rate is subject to change after your project is complete.

There may also be additional charges accrued for any item deemed necessary that cannot be supplied or produced by Karmen Kendrick Creative. You will be notified when additional purchases are required to move the project forward. You agree and are expected to pay invoices for such items promptly.

Communication

All support requests and change orders must be submitted through the designated Support Request Form. Requests made in any other format will not be accepted.

Termination for Convenience

This agreement may be terminated by either party at any time. There will be no pro-rated refunds for terminations. If service is terminated midterm then the Client will receive support services up until the next monthly renewal period.

Termination for Cause

If either party breaches any provision of this agreement the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.

Termination Clause

At the time of termination, any services such as hosting, themes, plugins, or any other tools supplied by Karmen Kendrick Creative will end at the time of termination. The client will accept responsibility for any premium tools needed after service has been terminated. Karmen Kendrick Creative will not be liable for any errors or site malfunctions after this agreement has been terminated.

Refund Policy

There will be no pro-rated refunds for terminations. If service is terminated midterm then the Client will receive support services up until the next monthly renewal period.

Force Majeure

Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within three (3) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party’s performance is delayed for a period exceeding thirty (30) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this agreement.

Copyrights

Client guarantees to Karmen Kendrick Creative that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the website are either owned by you or have permission to use them.

Copyright is automatically assigned as follows:

Client own the graphics and other visual elements that {{brand.name}} create for you for this project. We will give you a copy of all files, and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs, and other data you provided unless someone else owns them. We own the XHTML markup, CSS, and other code, and we license it to you for use on this project only.

We also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and books about design.

Severability

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.