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
The work plan details the project requirements and includes the following details:
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.
This Agreement does not include the setup, support, or maintenance of email accounts.
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.
This agreement shall be governed by and interpreted according to the laws of the Commonwealth of Virginia.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.