Terms of Service Agreement (Version 1.0)
This Terms of Service Agreement is made effective upon verbal or written consent of services to be rendered by Amalgamated Analytics, LLC, between Amalgamated Analytics, LLC and a third-party, here forth know as “The Client”.
DESCRIPTION OF SERVICES. Amalgamated Analytics, LLC and The Client, will mutually agree upon a date for services to begin. Before services are to begin, Amalgamated Analytics, LLC will digitize the initial list of services, made between Amalgamated Analytics and The Client, and make this list viewable to the Client for comment and amendment. Services will be formally listed, described and tracked to completion, using a living web enabled document in the form of a fully auditable Kanban Board, a project management tool, here forth known as the Description of Services.
WEB DEVELOPMENT If, The Client, desires to engage Amalgamated Analytics, LLC and Amalgamated Analytics, LLC accepts the engagement to design a World Wide Web site (the “Web Design Project”), the following terms and conditions apply:
- The Client understands and agrees that any web hosting services require a separate contract with a web hosting service
- The Client agrees to select a web hosting service which allows Amalgamated Analytics, LLC full access to the website and administrative panel.
- The Client agrees that The Client is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect and defend Amalgamated Analytics, LLC and its subcontractors from any cost claim, suit penalty, or tariff, including attorneys’ fees, costs, and expenses, arising from The Client ‘s exercise of internet electronic commerce.
PAYMENT. Payment shall be made to Amalgamated Analytics, LLC of 84-19 101st Street, Richmond Hill, NY 11418.
The Client agrees to pay Amalgamated Analytics, LLC as follows:
Amalgamated Analytics, LLC’s fees are charged on an hourly rate basis for the services specified in the Description of Services, payable on Amalgamated Analytics, LLC’s completion of the services specified in Description of Services. Amalgamated Analytics, LLC hourly rate is available upon request.
The Client shall pay all costs of including without limitations reasonable attorney fees. In addition to any other right or remedy provided by law, if The Client fails to pay for the Services when due, Amalgamated Analytics, LLC has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.
TERM. This Agreement will terminate automatically upon completion by Amalgamated Analytics, LLC of the Description of Services required by this Agreement.
RELATIONSHIP OF PARTIES. It is understood by the parties that Amalgamated Analytics, LLC is an independent contractor with respect to The Client and not an employee of The Client. The Client will not provide fringe benefits: including health insurance benefits, paid vacation, or any other employee benefit: for the benefit of Amalgamated Analytics, LLC
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Amalgamated Analytics, LLC in connection with the Services will be the exclusive property of The Client. Upon request: Amalgamated Analytics, LLC will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of The Client to the Work Product.
CONTRACTOR’S RIGHT TO AUTHORSHIP CREDIT. Amalgamated Analytics, LLC may use the Work Product in Amalgamated Analytics, LLC ’s portfolio (including, but not limited to, any website that displays Amalgamated Analytics, LLC ’s works). The Client and Amalgamated Analytics, LLC agree that when asked, The Client must properly identify Amalgamated Analytics, LLC as the creator of the Work Product. The Client does not have a proactive duty to display Amalgamated Analytics, LLC ’s name together with the Work Product, but The Client may not seek to mislead others that Work was created by anyone other than Amalgamated Analytics, LLC.
CONFIDENTIALITY. Amalgamated Analytics, LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Amalgamated Analytics, LLC or divulge: disclose, or communicate in any manner, any information that is proprietary to The Client. Amalgamated Analytics, LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Any oral or written waiver by The Client of these confidentiality obligations which allows Amalgamated Analytics, LLC to disclose The Client ‘s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
Upon termination of this Agreement, Amalgamated Analytics, LLC will return to The Client all records, notes, documentation and other items that were used, created, or controlled by Amalgamated Analytics, LLC during the term of this Agreement.
WARRANTY. Amalgamated Analytics, LLC shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner: using knowledge and recommendations for performing the services which meet generally acceptable standards in Amalgamated Analytics, LLC‘s community and region and will provide a standard of care equal to, or superior to, care used by service providers similar to Amalgamated Analytics, LLC on similar projects. The Client shall indemnify, hold harmless, protect and defend Amalgamated Analytics, LLC and its subcontractors from any cost claim, suit penalty, or tariff, including attorneys’ fees, costs, and expenses, for any damages, whether direct, indirect, special, or consequential.
In the event of any defects in the work of Amalgamated Analytics, LLC within the scope of the Services Provided, within 1 year of work completed, The Client shall notify Amalgamated Analytics, LLC in writing. At no charge, Amalgamated Analytics, LLC shall then take prompt action to remedy and correct any failure. However, if The Client has made any changes to the deliverables completed within the scope of the Services Provided, the remedy set forth in this section shall not apply.