TERMS AND CONDITIONS
1. SERVICES. Services are limited to Virtual Assistance, which is administrative, secretarial or clerical in nature. Services including Web Design, Print Media or Graphic Design projects, must be negotiated separately and will require separate agreements.
2. WORKING/BILLING PHASES. For each project, Client will receive a proposal or estimate outlining the project specifications and containing the estimated hours and project costs (this may include anticipated out-of-pocket expenses) and the minimum advance deposit amount required, if applicable. Upon acceptance of the proposal/estimate, the client shall receive a client profile sheet, non-disclosure agreement, and service contract. These forms must be signed and sent back by fax or email before work will commence.
3. PAYMENT. Client agrees to pay Kg Administrative Solutions in accordance with the terms specified in each proposal, estimate or invoice. New Clients: The first invoice is due upon receipt. Subsequent invoices are payable on Net 15 terms. Net 30 terms are available upon review of payment history after 6 months of rendered services. All payments rendered are final and considered fully earned and nonrefundable.
4. ADDITIONAL WORK/CHANGE TO STANDARD SERVICES. New work requested by the Client and performed by Kg Administrative Solutions after a proposal/estimate has been approved is considered a Change to Standard Services, and will be billed accordingly. If the job changes to an extent that it substantially alters the specifications described in the original proposal/estimate; a revision memo will be submitted to the Client, and a revised additional fee must be agreed to by both parties before any further work proceeds. Alterations and other changes requested after project completion are billed at standard hourly rates.
5. PROPOSALS & ESTIMATES. Estimates are provided to the best of our ability following initial consultation and review. However, billing will reflect actual project costs incurred. Proposals and estimates are valid for 30 days only from proposal, quote or estimate date.
6. EXPENSES. Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to, office supplies (e.g., envelopes, packaging supplies, CDs, etc.), payments made to vendors, and shipping and handling costs. Reimburseable expenses will be pre-billed for all standard monthly services (ie: product shipping, direct mail campaigns, etc.) All other reimburseable expenses will be invoiced separately on the last business day of each month. Reimburseable expenses must be paid within 5 business days of the invoice date. Invoices not paid within the 5 business days will be subject to a $20.00 late fee. Monthly late charges of $10.00 or 1.75% (APR 21%), whichever is greater, will be assessed on unpaid blances every 30 days. Invoices for reimburseable expenses not paid within 45 days will be turned over to a collection agency and reported to all three credit agencies (Equifax, Experian, and Trans Union) unless specific payment arrangements are made between Kg Administrative Solutions and the client.
7. MATERIALS & INFORMATION. Client will provide all content, outlines, photos, product images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Kg Administrative Solutions to perform or complete the contracted services or project.
8. NATURE OF COPY. Client agrees to exercise due diligence in its direction to Kg Administrative Solutions regarding preparation of materials, and must be able to substantiate all claims and representations. Client is responsible for all trademark, servicemark, copyright and patent infringement clearances. Client is also responsible for arranging, prior to service, any necessary legal clearance of materials used.
9. DELIVERY. Completed projects are delivered via diskette, fax, email, FTP, U.S. Mail, or other means as required by Client. Client is responsible and will be billed for all shipping and handling costs. There is no charge for faxing or emailing.
10. ACCURACY. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy.
11. PAYMENT OPTIONS. Personal or business checks are accepted for payment. AMEX, Discover, Mastercard and VISA credit cards and e-checks are accepted through PayPal, our online payment vendor.
12. NSF FEES. There is a $25 NSF (insufficient funds) fee for returned checks.
13. LATE PAYMENTS. Payments not received by due date will result in work cessation. Kg Administrative Solutions reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 30 (thirty) days. Invoices for not paid within 45 days will be turned over to a collection agency and reported to all three credit agencies (Equifax, Experian, and Trans Union) unless specific payment arrangements are made between Kg Administrative Solutions and the client.
14. LIEN. All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.
15. OFFICE HOURS & COMMUNICATION. Office hours are Monday through Friday, 7:00 am to 5:00 pm MST (9am-7pm EST). Communication via phone, email, Skype, MSN messenger, AIM, Yahoo messenger, email, and Google talk are all acceptable forms of communication.
16. ACCURACY OF INFORMATION. Client agrees that the accuracy of information supplied to Kg Administrative Solutions is the sole responsibility of Client, and that Kg Administrative Solutions is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.
17. INDEMNIFICATION/RELEASE OF LIABILITY. Client shall indemnify, defend and save Kg Administrative Solutions harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Kg Administrative Solutions services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Kg Administrative Solutions including, but not limited to, all attorneys’ fees, costs and expenses incurred should Kg Administrative Solutions be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Kg Administrative Solutions and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Kg Administrative Solutions is not limited to any acts or omissions, statements or representations made by Kg Administrative Solutions in the performance and/or nonperformance of duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Kg Administrative Solutions. All reasonable precautions will be taken to safeguard the property entrusted to Kg Administrative Solutions. In the absence of negligence, however, Kg Administrative Solutions will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Kg Administrative Solutions will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Kg Administrative Solutions will not be held liable for typographical omissions or errors.
18. WARRANTY. Corrections will be made at no charge if they are brought to Kg Administrative Solution's attention within 30 (thirty) days after project completion and acceptance. Corrections are not to be construed with changes.
19. ADDITIONAL PROVISIONS. This Agreement shall be governed by and construed according to the laws of the State of Colorado, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or state courts in Colorado Springs, Colorado and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any liability on the part of Kg Adminsitrative Solutions as determined by a court of law will be limited to an amount not to exceed one month’s retainer. If Kg Administrative Solutions must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Kg Administrative Solutions shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.