Terms of Agreement

A working relationship has been established between you (hereinafter referred to as the Customer) and Stafford Technologies, LLC (hereinafter referred to as the ST). This work will be completed by ST as per the fee schedule below:

Initial Fee: $395.00
Monthly Fee: $95.00
Monthly Fee Term: 24 months

Section 1: Work Plan

The work plan details the project requirements and includes the following details:

  1. A listing of all items to be delivered by ST
  2. A listing of all items to be delivered by the Customer
  3. Work Plan:
    1. Before Project Work:
      1. 2-3 hours of website strategy sessions
    2. Project Work:
      1. Website content written for you
      2. 30-minute content review
      3. Fully responsive custom website theme
      4. Two rounds of website theme revision
      5. Pages to be included:
        1. Showcase page
        2. Review page
        3. 404 page
        4. Privacy Policy page
        5. Terms of Use page
        6. Thank You page for form submissions
      6. Tools used:
        1. Basic WordPress Contact form
        2. Royalty free images where necessary
    3. Hosting:
      1. Fast, premium hosting
      2. Domain registration if necessary
      3. SSL certificate (https)
      4. Uptime monitoring
      5. Malware scanning
      6. Software updates to include php, WordPress core, theme, and plugins
      7. Daily website backups
      8. Website recovery if necessary
    4. After Launch:
      1. Claim / setup your Google My Business listing
      2. Ensure all information on Google My Business is correct
      3. 15 minutes of website updates per month
      4. 20 minutes per month to talk with an account representative about marketing challenges you’re facing

Section 2: Compensation Terms

  1. Fees to be remitted per the fee schedule.
  2. Recurring monthly installments are due each month on the same day of the month as your first monthly installment. This agreement will be terminated immediately if the account reaches thirty (30) days past due and the remainder of the total value of this agreement as per the fee schedule will become due immediately.
  3. Credit Card Payments. Your payment via credit/debit card will appear on your monthly statement as Stafford Technologies. Customers who purchase via credit card agree, accept, and understand, irrevocably and without exception and without recourse, to waive all actions, rights, claims, or relationships of agency to any chargeback and/or disputed payment procedure or refund, invoked personally and/or invoked by any financial, banking, and/or any credit card institution personally and/or on your behalf with respect to this agreement. As a fair and equitable alternative, you elect to have any conflict of payment as it relates to goods and/or services purchased via credit card from ST bindingly arbitrated, irrevocably, without exception and without recourse, according to the laws of Stafford, Virginia as prescribed in Section 10.
  4.  CHARGEBACKS If, at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your account, this will be considered as a breach of your payment obligations hereunder, and your use of ST services may be automatically disabled or terminated, your account may be blocked without the option to re-purchase or re-use it, and any data contained in your account, including any domains, applications and third party services may be subject to cancellation and capacity loss (as defined in Section 2e). Your use of ST services will not resume until you re-subscribe for any such ST services, and pay any applicable fees in full, including any fees and expenses incurred by ST and/or any third party services for each chargeback received (including fees for ST services provided prior to the chargeback, handling and processing charges and fees incurred by the payment processor). If you have any questions or concerns regarding a payment made to ST, we encourage you to first contact customer support before filing a chargeback or reversal of payment, in order to prevent the ST services from being cancelled and your account being blocked, and to avoid the filing of an unwarranted or erroneous chargeback, which may result in your being liable for its applicable fees, in addition to re-payment of all the fees applicable to the ST services purchased (and charged-back) by you. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the Customer responsible for such chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
  5. Loss of Data, Content and Capacity. If your account or any ST services or Third Party Services related to your account are cancelled (whether at your request or at ST’s discretion), it may cause or result in the loss of certain content, features, or capacity of your account, including any user content, end user data or other usage data retained therein, and including any domain name reservation or registration that was included in such services. ST shall not be liable in any way for such capacity loss, or for saving a backup of your account, user content or end user data. Please also note that additional fees may apply for re-activation of an account and/or any ST services following their cancellation, as determined by ST in its sole discretion.

Section 3: Warranty

ST agrees to ensure the web site/application retains all its functionality and conforms to the original requirements and specifications as per the Work Plan during the term of the agreement. During this Warranty Period, ST agrees to provide, at no cost to the Customer, reasonable technical support to conform to the specifications and requirements of the agreed to Work Plan and any and all accepted amendments. This Warranty Period does not support further development or enhancements or development and enhancements installed, created or contracted out to other vendors by the Customer, coding anomalies or changes in coding caused by customer and/or an outside vendor hired by the customer. In the case the customer does further develop or enhance the website without employing ST to do so, or causes coding errors, this warranty is void and further work by ST will be billable. Textual edits using the front-end editor or backend editor will not void the warranty unless html, php, script or CSS code is altered in any way.

Section 4: E-mail

This Agreement does not include the setup, support, or maintenance of email accounts.

Section 5: Third Party Fees

Customer is responsible for fees incurred for the continuing operation of this web site/application and any services contained within and noted in the Work Plan that require continued billing for operation such as third-party software and applications.

Section 6: Governing Law

This agreement shall be governed by and interpreted according to the laws of the Commonwealth of Virginia.

Section 7: Intellectual Property

When agreement has reached its term, the Customer retains the ownership rights to information and content contained on the web site developed by ST. ST is the rightful owner of and owns all the rights to information and content until this agreement has reached its term.

ST is the rightful owner of all application code developed or used during this project.

Section 8: Complete Agreement

This Agreement together with all exhibits/attachments is the sole and entire Agreement between the parties relating to the subject matter hereof. This agreement with all exhibits/attachments supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.

Section 9: Liability

ST does not warrant that the functions of the Customer’s Web Site/application will meet the expectations of traffic or resulting business. ST will not be liable for any damages, including lost profits, lost savings or any other incidental, consequential, or special damages arising out of the operation, usage or inability to operate or use the Web Site/application.

Section 10: Arbitration

Any dispute between the parties listed in this Agreement which cannot be resolved by the parties acting in good faith within a period of thirty (30) calendar days after a formal written complaint has been filed will be determined by arbitration. The requesting party shall be responsible for the upfront arbitration fees. The place of arbitration will be Stafford County, Virginia and the decision of the arbitrator will be final and binding upon the parties.

Section 11: Notices

All notices shall be in writing and shall be delivered personally, by United States certified, postage prepaid, return receipt requested, or by a recognized overnight delivery service. Any notice must be delivered to ST at:

Stafford Technologies LLC,
P.O. Box 453
Garrisonville, VA 22463

Notifications to the Customer will be sent to the address given during onboarding. The date that notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified mail.

Section 12: Attorney Fees

The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys’ fees, incurred by the prevailing party in resolving such dispute.

Section 13: 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 ten (10) 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.

Section 14: Relationship of the Parties

The relationship of the parties under this agreement is that of an independent Contractor and the company hiring the Contractor. In all matters relating to this agreement each party hereto shall be solely responsible for the acts of its employees and agents, and employees or agents of one party shall not be considered employees or agents of the other party. Except as otherwise provided herein, no party shall have any right, power, or authority to create any obligation, express or implied, on behalf of any other party. Nothing in this agreement is intended to create or constitute a joint venture, partnership, agency, trust, or other association of any kind between the parties or persons referred to herein.

Section 15: Termination for Cause

If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other party, as described in Section 10, specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice (30) days after the party in breach receives written notice specifying such breach in reasonable detail thereof, which termination shall go into effect immediately on receipt.

Section 16: Cancellation

Either party may cancel this agreement without penalty within three (3) business days of the date of this agreement. Cancellation requires electronic mail notification before the grace period term has expired.