Kiva Logic LLC provides ecommerce software as a service (SaaS). This includes web hosting, technical support, updates (non-custom), use of the software under the agreement, nightly backups, and bug fixes.
The Kiva Logic fee is $1 USD per order delievered, with a minimum of $150 USD billed per month. Payments are made weekly using a credit card on file with Stripe.com provided by the customer. Billing procedures from Kiva Logic subject to change with 30 days advance notice.
This agreement may be cancelled at any time by customer. Kiva Logic may cancel this agreement with 90 days prior notice.
Technical support is unlimited. Non-technical support/ business consulting is as follows: billed at $150.00 per hour in 15 minute increments and subject to availability.
Customer is responsible for providing a valid Authorize.net account with the Customer Information Manager (CIM) enabled OR a Stripe.com account to accept credit card payments prior to the launch date.
To use a custom domain, customer must update their DNS records to point to new nameservers provided by Kiva Logic. To enable custom domains, please email firstname.lastname@example.org.
All invoices are payable within 5 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 10, 15, 20 and 25 days from the date of original invoice. If any invoice is over 14 days late, access to the admin side of the software will be disallowed. If any invoice is over 30 days late, access to the software will no longer be provided and the account will be closed.
2. Default in payment
The Customer shall assume responsibility for cost outlays by developer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
All feature requests will be considered and added to the internal Kiva Logic build list.
The Customer shall reimburse the Developer for all expenses arising from a special assignment, including the payment of any sales taxes due on an assignment, and shall advance the Developer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.
In the event of cancellation of a custom project, ownership of all copyrights, site code, and the original artwork shall be retained by the Developer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Customer. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. Data belonging to the customer will be provided in a secure format available as a download online.
6. Ownership and return of artwork
The ownership of the site and software will be retained by Kiva Logic LLC, as it is being offered as software as a service.
The Customer shall indemnify the Developer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
9. Code of fair practice
The Developer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Developer has full authority to make this agreement; and that the work prepared by the Developer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Customer or others may make of the Developer’s product that may infringe on the rights of others. Customer expressly agrees that it will hold the Developer harmless for all liability caused by the Customer’s use of the Developer’s product to the extent such use infringes on the rights of others.
11. Dispute Resolution
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgement may be entered in any court having jurisdiction thereof. The Customer shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgement in favor of the Developer. All actions, whether brought by Customer or by developer will be filed in the developer's state/county of business/residence.
12. Acceptance of terms
Submitting payment for the set up fee shall evidence acceptance of these terms.