Updated On July 5th, 2017

This agreement is between Invoate, LLC, a Georgia limited liability company (“Invoate, LLC”), and its client, (or “You”, or “Client”, or “They”) and shall apply to all services ordered by Customer and provided by Invoate, LLC (collectively, the “Services”).

Payments

Client agrees to pay Invoate, LLC for services rendered based upon payment schedule agreement or payment agreement outlined in the proposal. All payments made to Invoate, LLC are final and are non-refundable.

Payments: Method of Payment

Client agrees to pay Invoate, LLC using either of the following payment methods: Direct Deposit, Credit Card (Visa, Amex, Mastercard), Wire Transfer, Check (no personal checks).

Client understands that when paying by Credit Card a three percent (3%) fee will apply to each payment made.

Client understands that when paying by Check if said check is returned a Returned Check Fee will apply in the amount of thirty-five ($35) dollars.

Payments: Late Payment Policy

Client understands that payments not made by invoice due date, On the following day after due date, will result in a late charge of fifty dollars ($50) per invoice. Once twenty-nine (29) days has passed on late payments client will be turned over to collections for further legal action and any fees incurred Client will be held responsible for. The client also acknowledges that if a partial payment is made for an invoice, It is not considered to be paid in full and still counts days toward payment late cycle and could still result in legal action or collections.

Payments: Notice of Delayed Payments

Client understands that if payment is to be delayed for an invoice they must provide a five (5) day written notice from payment due date in writing to Invoate, LLC.  This notice should include: why the payment is delayed and expected date for payment.

Payments: Same Day/After Hours Services

Client understands that If a project requires same day or after hour services then Invoate, LLC’s rate will be “clients rate x 2” or “services rate x 2” per hour for said project will apply.  Same day service rate will only apply if Invoate, LLC has to adjust same day work schedule.

Communication

Client understands that communication regarding services may only be available during the hours of 9AM-5PM EST, Monday-Friday. Invoate, LLC can be reached by skype, phone, email or support ticket. The client should know that if unforeseen weather, sickness our outages occur please be sure to check Invoate, LLC’s twitter at https://www.twitter.com/invoate for updates.

Projects

The client gives Invoate, LLC permission to access domain name and web hosting accounts, and any other associated accounts Invoate, LLC will need access for completing project services.

Projects: Timelines

Client understands that start and end dates are to be discussed with Invoate, LLC for projects and need to be agreed, reasonable for both parties. Invoate, LLC will set up a Google Calendar and log all projects and tasks including proposals so that clear communication is key. The client will have access to view this calendar at any time during this Contract.

Projects: Same Day/After Hours Services

Client understands that Invoate, LLC may not be able to start on a project the same day if it is given to us at the start, during, or end of the same day. Said project will be planned for and started on agreed project start date, Invoate, LLC schedules days out at the end of each business day to meet client needs. If Invoate, LLC can start the project on the same day then we will discuss a timeframe, hours, and deadline accordingly with Client.

Projects: Maintenance

Client understands that Maintenance can be purchased at our normal hourly rate of ninety-five ($120) dollars, Client must give Invoate, LLC two (2) business days to complete Maintenance requests.

Projects: Design Revisions

Client understands that Invoate, LLC will bill at our hourly rate of seventy-five ($75) dollars for design revisions.

Projects: Communication

Client understands that communication for projects should be communicated by email, project management system, or support ticket.

Projects: Expenses

Client understands that if third (3rd) party resources are required to complete a project such as subscription-based add-ons/services, stock photos, templates, scripts. Invoate, LLC should not be held liable for cost associated and is the sole responsibility of the Client.

Termination

Client understands that they may terminate this Agreement at any time without cause upon not less than thirty (30) days prior written notice delivered to the non-terminating party, provided, however, either party may terminate this Agreement with reasonable cause, effective immediately upon the giving of written notice of such termination. As used herein, “reasonable cause” shall mean: (i) any violation of this Agreement, (ii) any violation of Georgia or federal law, (iii) any act exposing the other party to liability in tort or in contract, or (iv) unforeseen events of death, disability or bankruptcy that could impact both parties in a negative way.

Liability Insurance Protection

Invoate, LLC does carry a business liability insurance policy that meets the minimum requirements for government officials and provides Data Compromise Protection and Loss and Theft of Data.

Business Protection Covenants

Client understands that while this Contract is valid (not “terminated” or in “default”)  that they and Invoate, LLC will be required not to:

(i) Solicit any customer, vendor or partner, or actively sought customer, for the purpose of selling or providing any products or services competitive with or directly substitutable for the business.

(ii) Solicit, recruit or induce any employee, independent contractor, representative or agent of each other’s companies.

(iii) Criticize, denigrate or otherwise disparage each other’s companies or any such its owner’s, personnel, services, processes, policies, practices or standards of business conduct.

Confidentiality of Agreement

Client understands that the terms of this Agreement is Confidential and they may only disclose this information to attorneys, accountants and other professional advisors to whom the disclosure is necessary to accomplish the purposes for which these professional advisors were retained. If this violation is violated then the contract will be breached and could result in legal proceedings in which Client will be held responsible for.

Governing Law

The laws of the State of Georgia shall govern this Agreement. If the conflict of law rules of the State of Georgia would apply another state’s laws, the parties agree that Georgia law shall still govern.

All actions concerning this Agreement shall be brought in the Superior Court of Bartow County and the parties hereto submit themselves to the personal jurisdiction of this Court.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement. This Agreement supersedes any prior communications, agreements or understandings, whether oral or written, between the parties relating to the subject matter of this Agreement.

Enforcement, Attorney Fees

In the event of a default hereunder either party shall have the right to seek enforcement of this Agreement.

Notices

Any notices regarding this Contract, while Contract is valid must be written and submitted to us via Certified Mail with a request for a signature.  Notice mailing information can be found at the start or end of this Contract Document.