Service Agreement Terms & Conditions
Note: These terms may change from time to time. It is your responsibility to check periodically and ensure that you are aware of the most current rates and conditions. Last revised 5/06/2018.
This agreement is by and between Matthew Parker dba Parker Digital Solutions (herein the Developer) and the client requesting services (herein the Client).
WHEREAS, Matthew Parker is an Internet Presence Provider offering website development services;
WHEREAS, Client seeks to utilize said services to develop a web site for his/her own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Developer can make no guarantee that any given user shall be able to access the Developer’s produced page at any given time. The Developer represents that he shall make every good faith effort to ensure that sites are developed for as large an audience as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the terms and conditions as follows;
I. Services Rendered:
II. Financial Arrangements:
A) Quoted Projects
Unless otherwise negotiated, Client agrees to the following payment schedule:
B) Hourly Consultation / Development
C) Travel Expenses
Travel expenses will be billed when:
A missed appointment fee of $50 will be assessed if a scheduled appointment is missed, or cancelled/rescheduled within:
III. Assignment of Work:
The Developer reserves the right to assign other designers or subcontractors to the project to ensure quality and timely completion.
V. Site Ownership and Copyright:
VI. Limited Liability:
Client expressly agrees that use of the Developer’s services is at Client’s sole risk. Neither the Developer, his employees, affiliates, agents, third party information providers, web hosting providers, merchants, licensers or the like, warrant that the Developer’s services will not be error free; nor do they make any warranty as to the results that may be obtained from the use of the development service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Developer’s development service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall the Developer, his agents or any one else involved in creating, producing or distributing the Developer’s project be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Developer’s project; or damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Developer’s record, programs or services.
Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
VII. Lawful Purpose:
Client may only use the Developer’s development services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against the Developer, his agents, customers, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless the Developer. Liabilities arising out of (a) any injury to person or property caused by any products sold or otherwise distributed in connection with the Developer’s web development services; (b) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement and (d) any defective product which Client sold on or through the developed web site.
IX. Third-Party Services
This Agreement constitutes the entire understanding of the parties.
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and of those governing the Internet.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated.