Tech Support Agreement

Weekend rate applies to work requested to specifically be done between 4pm EST on Friday and 9am EST on Monday. Weekend work or deadlines must be requested at least 5 business days prior to the proposed completion date. Weekend rate is a flat fee of $250 in addition to the hourly rate for the requested work.

Rush rate may apply to work requested to be turned around within 48 hours, unless you’ve contacted us in advance about a launch period during which you need support. The current rush rate is a 20% surcharge.

For tech support requests and help, please email the WPSapphire team at support@wpsapphire.com. If you need strategy help for your website or business, please let us know via email so we can get you a scheduling link to speak with Molly.

Please let us know if you need additional support or explanation at any time. We do our best to make sure we advise clients to the best capacity that we can, but if you are unclear or uncertain about anything, please communicate that to us so we can help you more fully. Essentially, if something isn't working, let's have a conversation.

In addition to technical support requested, all time spent advising the Client, researching based upon client requests, or speaking with the Client on video or phone calls will be billed to the Client.

Projects with estimated completion times over 10 hours may require a deposit or may need to be scheduled in advance. We will let Client know if this applies to any Client request.

Client will be invoiced for any work done in a given month on the 15th of the month. Fees are due within 15 business days of the invoice date. Any fees not paid within thirty (30) days of Developer’s invoice may incur late fees of ten percent (10%) for every thirty (30) days overdue. If any unpaid amounts are referred to collection, client shall promptly pay or reimburse Developer for all costs of collection, including related attorneys’ fees. If you need an invoice sooner for any reason, please let us know by emailing us at accounting@wpsapphire.com.

Upon the completion of any Requested Service, Client shall have five (5) days for evaluation. At the end of such time period, Client shall be deemed to have accepted the Requested Service unless Client has provided written notice of rejection of such Requested Service, including reasonably detailed information about the reason for rejection. If Client rejects a Requested Service, Developer will provide an updated estimate and timeline to complete corrections, amendments or other changes necessary to resolve Client’s objections to such Requested Service. No refunds will be provided for work that has been accepted and paid for.

Developer agrees to obtain prior permission from Client before incurring any added expense not previously discussed. This includes, without limitation, fonts, plugins, site widgets, images and stock photography.

Telecom, internet connectivity, and hosting service restrictions are out of Developer control and the Developer is not liable for performance issues rooted there. The Developer may suggest a cache plugin, but professional configuration of any cache plugin is required for optimal performance, and the Developer cannot be held liable for performance issues caused by cache settings.

If the Developer deems the Client’s Host to have problem with speed or other server issues, the Developer will request the client move to a new host and suggest some alternatives. If the Client chooses to stay with their current host, the Client agrees to recognize that speed/site issues may affect the amount of work that can be completed within the given period of time.

Developer acknowledges that it may, in performing the Services for Client hereunder, have access to or be exposed to Client Confidential Information. Developer shall hold confidential all Client Confidential Information and shall not disclose or use such Client Confidential Information without express written consent of Client. Developer shall treat all confidential information with no less than reasonable care and shall return or destroy all such information upon termination or expiration of this Agreement.

Developer has no liability whatsoever for Client's purchase of third-party services or software related to the Site hereunder, including but not limited to payment portals, hosting, security services, telecommunications fees, or domain name registration. If Client requests it by specific written authorization and provides advance pass-through payment, Developer may make such third-party purchases on Client's behalf in order to provide efficient delivery of the Services, but has no liability for these purchases and no liability for the way those services work.

The term of this Agreement shall begin on the date this contract is signed and continue in effect for until December 31, 2024. Client has the right to terminate this Agreement at any time for any reason or no reason, upon ten (10) business days prior written notice and payment of all amounts due and owing as of the date of termination. Developer may terminate this Agreement upon notice for Client’s material breach of obligations hereunder, including but not limited to nonpayment of fees.

Neither party hereto shall be liable to the other for indirect, incidental, consequential, special or exemplary damages (even if such party has been advised of the possibility of such damages). In no event shall Developer's liability under this agreement exceed the amount it has been paid, less expenses, for services provided. All claims shall be brought within one (1) year of the date they are or reasonably should have been discovered.

The Client and Developer agree that any controversy or claim for money damages arising out of or related to this Agreement or Developer's work with or termination by the Client that is not resolved by the parties shall be settled by arbitration administered by the American Arbitration Association under its National Rules for the Resolution of Disputes. Said arbitration shall be conducted in the state where the Developer's business is registered. The parties further agree that the arbitrator may resolve issues of contract interpretation as well as law and award damages, if any, to the extent provided by the Agreement or applicable law. The parties agree that the costs of the arbitrator’s services shall be borne by the Client. The parties further agree that the arbitrator’s decision will be final and binding and enforceable in any court of competent jurisdiction. In addition to the A.A.A.’s Arbitration Rules and unless otherwise agreed to by the parties, the following rules shall apply:

(1) Unless the arbitrator finds that delay is reasonably justified or as otherwise agreed to by the parties, all discovery shall be completed, and the arbitration hearing shall commence within (60) days after the appointment of the arbitrator.

(2) Unless the arbitrator finds that delay is reasonably justified, an award will be rendered within thirty (30) days of the completion of the hearing.

(3) The arbitrator’s authority shall include the ability to render equitable types of relief and, in such event, any aforesaid court may enter an order enjoining and/or compelling such actions or relief ordered or as found by the arbitrator. The arbitrator also shall make a determination regarding which party’s legal position in any such controversy or claim is the more substantially correct (the “Prevailing Party”) and the arbitrator shall require the other party to pay the legal and other professional fees and costs incurred by the Prevailing Party in connection with such arbitration proceeding and any necessary court action.

(4) Notwithstanding the foregoing provisions listed above, the parties expressly agree that a court of competent jurisdiction may enter a temporary restraining order or an order enjoining a breach of and/or enforcing the terms of this Agreement without submission of the underlying dispute to an arbitrator. Such remedy shall be cumulative and nonexclusive, and shall be in addition to any other remedy to which the parties may be entitled.