Care Plan Terms of Agreement | Zech Design

Care Plan Terms of Agreement

Payment 

Billed on the first of each month via recurring billing through Zech Design Wave Accounting. Payments are due upon receipt. Payments that are more than 30 days past due will be automatically charged a 10% per month late fee.  Any additional client-requested work outside the scope of this agreement would be billed additionally on a time-and materials basis at standard rates. 

Contract is month-to-month. 

Hourly Services (beyond contract hours) $105.00 

Exclusion 

If WordPress, plugins, or theme is updated and breaks the site, Zech Design will roll back the site with the most recent backup, review the code, assess the problem, and email the client with details. If fixing the site requires more than 1 hour of time, an estimate will be sent to the client for approval. 

Confidentiality 

This document and any related documents may contain confidential information intended only for the designated client(s). Any disclosure, dissemination, distribution or copying of this document or any related documents in any form is strictly prohibited.

Mutual Release

It is the intention of Zech Design and the Client that this agreement shall supersede all prior agreements or understandings that may have existed between them. Thus, each of the parties hereby mutually release and discharge the other from any and all obligation and liability associated with any such agreement. 

Intellectual Property

Any work of authorship or creation performed by Zech Design is entitled to protection under U.S. copyright law. Client shall obtain all necessary copyright permissions and releases for materials they provide. Client shall indemnify Zech Design against all claims, losses and expenses, including reasonable attorney fees, due to Client’s failure to obtain proper permissions and/or releases. Ultimately, as Zech Design is a hired agent of the Client, final proofing of text, images and functionality is the responsibility of the Client. Jurisdiction and Disputes Any and all claims and actions arising out of the Agreement shall be exclusively arbitrated in Washington State, in accordance with the then prevailing rules of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. 

Conclusion

Zech Design and Client hereby acknowledge that each has read this entire agreement and that each fully understands and agrees to its contents. Further, it is the intention of Zech Design and the Client that this agreement shall supersede all prior agreements or understandings that may have existed between them. Thus, each of the parties hereby mutually releases and discharges the other from any and all obligation and liability associated with any such agreement.