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Terms and Conditions

Services

PrimeAgile agrees to perform services for partner(s) as described in one or more Statements of Work created before the work begins. Any conflict or inconsistency between the provisions of the executed Statement of Work shall be resolved by giving precedence to the executed Statement of Work under which the Services are to be performed. PrimeAgile grants use of the source code written and used under this agreement to the partner for their website, be it a public site or intranet. All rights to the source code remain with PrimeAgile or otherwise remains with the provider of any open source or proprietary software provided by PrimeAgile per the license agreement of the provisioned software.

Cooperation

The partner shall assist PrimeAgile in the performance of its obligations. The partner shall undertake these responsibilities at their own expense. The partner shall make available for PrimeAgile a designated representative who shall be authorized to make binding decisions for the partner regarding the obligations which are the subject of the Statement of Work. The partner agrees to keep PrimeAgile advised of any material changes in their network, computers, servers or other equipment, including logins and passwords which are required by PrimeAgile to complete such tasks as updates, backups or other such issues which would affect maintenance or completion of work.

Reliance

The partner understands that PrimeAgile shall rely upon the partner’s representative as having the authority and that all official communications from PrimeAgile to the partner shall be addressed to partner’s representative.

Cost Advances

Costs and expenses shall be advanced and paid by the partner. On occasion, costs and expenses are paid up front by PrimeAgile; the partner shall reimburse them promptly. These costs will be discussed before purchase or implementation and include, but are not limited to:

  • Hardware
  • Materials
  • Travel
  • SSL Certificates
  • Domain Name registration or other non-labor costs not included in the Statement of Work

No such expenses will be paid by PrimeAgile until approved for by the partner or partner representative.

Legal Expenses

In the event that the partner fails to pay any amount billed to the partner when due, the partner agrees to pay all costs of collection, including court costs and reasonable legal fees.

No-Hire Agreement

The partner agrees not to hire employees of PrimeAgile until after a period of one year from the time of the last payment received by PrimeAgile from the partner.

Interest and Late Fee

The partner agrees to pay interest on unpaid balance commencing ten days after the statement date, at a rate of 1.75% simple interest per month. A late fee of five dollars or five percent of any unpaid balance, whichever is greater, shall be applied to payments not made within 10 days of the statement date.

Completion of Statement of Work

PrimeAgile will notify the partner of the completion of any Statement of Work and the partner will be given 10 days to report any bugs, fixes, or changes before PrimeAgile will begin billing for the Statement of Work completed.

Warranties and Liability

PrimeAgile does not warrant that the functions of the partner’s site will meet the partner’s expectations of traffic or resulting business.  In no event will PrimeAgile be liable to the partner or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the partner’s site or any of its web pages, even if PrimeAgile has been advised of the possibility of such damages.

Cancellation

If the Statement of Work is canceled before work is finished, the partner forfeits any payments made and may be held liable for breach of contract and will be held liable for all cost associated with breach of contract.

Rates

The labor rates for this contract are according to PrimeAgile current rates and are subject to change.

Litigation

Any disputes arising from this contract will be litigated or arbitrated in United States of America, Florida. The Statement of Work shall be governed and construed in accordance with the laws of the State of Florida. Partner (Partner Representative) hereby agrees to the terms, conditions and stipulations of the Statement of Work on behalf of his/her organization. The Statement of Work constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Trademarks and Copyrights

The partner represents to PrimeAgile and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PrimeAgile for inclusion in web pages are owned by the partner, or partner has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PrimeAgile from any claim or lawsuit arising from the use of such elements furnished by the partner. PrimeAgile initially owns copyright to the assembled work of services produced by PrimeAgile. Upon payment for services rendered, all rights owned by PrimeAgile as to services rendered for the partner’s site transfer to partner.

Browser Compatibility

Browsers change over time.  Changes in browsers affect the compatibility of code.  We test for compatibility of a website against only the top 3 most popular browsers found here: http://www.w3schools.com/browsers/browsers_stats.asp at the time a site is completed, and does not guarantee browser compatibility for older or less popular browsers. For high traffic sites it may be worth testing those browsers and this can be done on request, but is not our normal policy.

Developer Credits

For a period of at least 1 year beginning on the date of written consent to allow Web Developer Credits, and as long as PrimeAgile is performing services for the partner, the partner agrees to allow PrimeAgile to claim credit for services rendered by posting a link, visible to search engines, to www.primeagile.com on their website (when applicable) with the PrimeAgile logo and text such as "website design by PrimeAgile" or "website managed by PrimeAgile" and in author meta tags of the partner's site. For services not offered by PrimeAgile.com, for example a pre-existing website, this does not apply. Also, the partner allows PrimeAgile to make relevant press releases which would also benefit the partner.