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## Summary:

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

You, are hiring us (Spotfin Creative, LLC) to build, maintain and support your punchout ecommerce store(s), for a monthly fee reflective of the selection you made earlier in this form.

In the event you need to cancel, we ask for a 30 day notice (via email) just letting us know you no longer need the store.


## Build, Maintenance, and Support Details

We will be building you an ecommerce store on our TakoApp platform, with the intention of not be public facing, but connecting to a buyer via a punchout route.

We will be maintaining and performing all site and server maintenance on your behalf. If you have a custom domain outside of the one provided by us, we can help facilitate any maintenace of your domain, but this is largely your responsbility to renew SSL certs and/or make required DNS changes we may request of you (rare).

We will extend you up to 2 hours a month of support time to be used in the following ways:
– Update products
– Add or remove users
– Provide training to new employees
– Minor visual changes to the site (for example – adding a new logo, update color pallete, add a basic content page)
– If you’re unsure about what this might cover, we’re here to answer that and are happy to help in anyway possible.

Development time OUTSIDE the scope of your maintenance agreement is billed in 1 of 2 ways, flat-fee for a specific task, or by the hour.

To say it loud and clear:

Most tasks are covered in the support, however, large functionality changes or other integrations (to an ERP on your side for example), are NOT COVERED and will be BILLED OUT OF SCOPE.

### Maintenance and Support SLA

Based on 8×5 support (8 hrs x 5 days/week):

Severity 1: Critical Issue – Same day response, 8hr solution/fix

Severity 2: Major Functionality Issue – Same day response, 24 hour solution/fix

Severity 3: Non Critical or Major issue – Same day response, 3-5 day solution/fix

## What do both parties agree to do?

*You:* You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.

*Us:* We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.


## Getting down to the nitty gritty

### Legal stuff

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.

Phew.

### But where’s all the horrible small print?

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of The United States of America courts.

Oh and don’t forget those men with big dogs.

### The dotted line

This is the part where you sign to say that you’ve read and understood this contract and that you’re happy to be bound by it.

By executing the checkbox below that you agree to this contract you’re confirming that you have the authority to enter into this agreement on behalf of your company or organisation.