This Service Agreement (the “Agreement”), is between Puget Tech, a Limited Liability Company formed under the laws of the State of Washington (referred to as “Puget Tech”) and the legal entity or person (the “Client”) whom purchases or utilizes Puget Tech’s services.
1. Scope of Services
Puget Tech offers services related to websites, software, digital marketing, and information technology. Puget Tech will issue a quote, estimate, invoice, proposal, order form, sales order, or similar document (the “Document”) to Client that outlines the services that will be performed for a fixed price. Any subject, line items, descriptions, and notes presented on the Document will serve as the documentation recording the scope of services to be provided or performed by Puget Tech. Puget Tech will seek approval of the Document by Client prior to billing or performing any of the services. Approval can be made through the online client portal, by making a purchase through an online order form, through an email response, or in writing.
1.1 Out of Scope Services
Services requested by Client which are not described on the approved Document are outside the scope and will incur an additional fee or charge. Puget Tech reserves the right to refuse any work that they deem to be out of scope. Puget Tech will seek approval from Client prior to billing or providing the new services to Client. The same terms of this Agreement will apply to any new or supplemental services.
2. Hourly Services
Services may be performed on an hourly basis if both parties agree. Client will purchase hours in advance from Puget Tech before any hourly services are performed. Hours purchased in advance must be utilized by Client within 1 year of their purchase date. Services requested on an hourly basis must be reviewed by Puget Tech and will be added to the production schedule in the order they are received. Puget Tech’s hourly rate as of January 1st, 2020 is $125.00 per hour. Timesheets will be rounded to 15 minute intervals.
3. Client Provided Resources
It is understood by Client that Puget Tech may require additional resources in order to complete delivery of the services. Failure by Client to provide any of the additional resources requested in a timely manner may result in a delay of the delivery of the services. Below are some examples of resources that may be requested by Puget Tech, but not limited to, outlining the items that are typically required.
3.1 Requested Resource Examples
- Access to Website Backend, FTP, and Hosting Control Panel.
- Access to Domain Registrar and DNS Control Panel.
- Access to Email Services.
- Access to Social Media Accounts and Profiles.
- Recent Photos of the Business Location and/or Products.
- Graphic media files such as logos, icons, product images, and other misc media.
- Written content for the business, products, services, and other information.
4. Payment Terms
Puget Tech will issue an electronic invoice to Client through email. Client agrees to pay each invoice in full within 30 days of receipt. Services will not be rendered by Puget Tech until the invoice is paid in full. Once a payment is made, it is non-refundable.
4.1 Payment Methods
Puget Tech accepts credit card and bank ACH payments through their online client portal. Puget Tech also accepts physical checks in-person or through the mail if both parties agree, but Puget Tech reserves the right to wait for the check to clear in full.
4.2 Automatic Payments
After the first invoice has been paid by Client, Puget Tech will store their credit card or bank account information inside the client portal. Any new invoices will be automatically charged to the payment method stored when the invoice is issued. It is Client’s responsibility to ensure that the payment method stored within the client portal is kept accurate and up to date.
4.3 Late Payments
A late payment penalty of up to 10%, or the maximum amount allowed by law, of the invoice total may be assessed by Puget Tech if Client fails to make payment by the due date. Late payments 30 days past-due constitutes Cancellation as outlined in Section 5 of this Agreement.
Either party may cancel this Agreement at any time by providing 30 days’ written notice to the other party. In the event of cancellation, Client is responsible for full payment on any remaining amount owed to Puget Tech.
6. Intellectual Property
Upon full payment and delivery of the services, Puget Tech grants Client a perpetual, non-exclusive and non-transferable license to use, copy, reproduce, display, or distribute the work and creations provided by Puget Tech. Client shall retain sole ownership of all intellectual property in connection with any original material it provides to Puget Tech for use within the services.
7. Third Party Software & Services
Customer acknowledges that in order for Puget Tech to perform the services, Client may be provided with additional third party software or third party services. Customer agrees that the rights and licenses with respect to third party software and third party services shall be under terms set forth in the pertinent license or services agreements between Client and the vendors of such third party software or third party services. Customer shall execute and comply with appropriate license or services agreements with respect to any third party software or third party services.
Puget Tech acknowledges that, from time to time, they will have access to confidential or proprietary information related to Client’s organization and customers. Puget Tech agrees to maintain complete discretion and confidentiality regarding this information, and to refrain from disclosing this information to third parties without prior written consent from Client.
9. Marketing Disclaimer
Puget Tech cannot guarantee Client any increase in visitors, search engine rankings, views, likes, subscribers, followers, prospects, leads, deals, monetary gains, or any other similar results. Digital marketing is competitive in nature and Puget Tech has no control over the policies and ranking algorithms of the various search engines, external websites, and social media platforms.
10. Support Requests
In the case that there are issues with the use or operation of the services, Client must communicate such issues to Puget Tech by opening a support request either through email (firstname.lastname@example.org), through the help center at https://support.puget.tech, or by phone (360-722-9563). Official support hours are Monday through Friday, 9:00AM to 6:00PM Pacific Standard Time, excluding all US Federal Holidays. If Puget Tech cannot be reached through the phone, Client should send an email.
Puget Tech will notify Client via email when a service, that includes revisions per the scope, has been completed. Client has up to 5 business days to accept the work performed or request a revision. If Puget Tech receives no response after the 5 business days, Client automatically accepts the work. Revisions are limited to commercially reasonable changes or fixes, and does not constitute complete redesign or significant changes in the content or software.
Puget Tech reserves the right to list non-confidential work performed for Client in their portfolio, blog, press releases, social media, and other public channels.
13. Right to Subcontract
Puget Tech shall have the right to subcontract any of the services provided under the terms of this Agreement without prior approval of Client.
14. Limitation of Liability
Puget Tech will not be liable for any loss of use, interruption of business, lost profits, or any indirect, special, incidental, or consequential damages of any kind, regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages. All services and products sold by Puget Tech are sold “as is”.
Client agrees to indemnify and hold Puget Tech, Puget Tech’s affiliates, and each of their respective officers, partners, directors, agents, and employees harmless against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever pertaining to the services provided under the terms of this Agreement.
This Agreement may be updated at any time by Puget Tech. Any modifications will be effective upon posting of an updated version of this Agreement at https://puget.tech/service-agreement. Puget Tech has a general practice of notifying their clients and customers when a significant change or update is made to the Service Agreement, but it remains the responsibility of Client to ensure that they stay in compliance and agree with the updated terms of this Agreement. If Client does not agree with any updates made to this Agreement, it constitutes cancellation as outlined in Section 5 of this Agreement. Puget Tech will note the date of last update at the bottom of this Agreement so that the Client can determine whether the Agreement has been updated since they last reviewed it.
17. Governance & Dispute Resolution
The terms of this Agreement shall be governed according to the laws of the State of Washington. Any disputes or legal proceedings shall be filed and resolved through a neutral arbitrator located in the State of Washington. If Puget Tech and Client should enter into a dispute, both parties agree that the prevailing party shall have their entire legal fees, including attorneys’ fees, reimbursed by the opposite party.
Last Updated: January 2nd, 2020