Service Agreement

1. Introduction

This Service Agreement ("Agreement") is between Motion Wave Studio, operated by Kristopher Wheeler ("Provider"), and the client ("Client") who subscribes to our services. By subscribing to any retainer package or engaging our services, you agree to these terms.

This agreement ensures clear expectations and a positive working relationship between both parties.

2. Services Provided

2.1 Retainer Services

Motion Wave Studio provides the following services under retainer packages:

• Website updates, maintenance, and bug fixes
• Content updates and editing
• Graphic design for web and print materials
• Strategic consulting and planning
• Feature development and enhancements
• Performance optimization
• Third-party integrations
• SEO improvements and recommendations

2.2 Service Limitations

The following are not included in standard retainer packages and require separate project agreements:

• Complete website redesigns (20+ hours)
• Complex e-commerce implementations
• Custom application development
• Large-scale migrations or platform changes
• Emergency support outside business hours

3. Package Details

3.1 Monthly Hours

• Support Plan: 5 hours per month at $450/month
• Growth Plan: 10 hours per month at $850/month
• Premium Plan: 15 hours per month at $1,250/month

3.2 Hour Usage

• Hours are tracked in 15-minute increments
• Hours do not roll over to the following month
• Additional hours are available at $110/hour
• Time tracking includes active work, research, and communication

3.3 Response Times

• Support Plan: 48-hour initial response
• Growth Plan: 24-hour initial response
• Premium Plan: Same-day response guarantee

4. Payment Terms

4.1 Billing

• Retainer fees are billed monthly in advance via Stripe
• Annual hosting fees are billed each September at $900/year
• Additional hours are billed monthly in arrears
• All payments are processed automatically via credit card

4.2 Late Payments

• Services may be suspended for accounts past due
• A $25 fee may be applied for failed payment attempts
• Accounts 30+ days past due may be terminated

4.3 Refunds

• Retainer fees are non-refundable once the billing period begins
• Unused hours have no cash value and do not roll over
• Refunds may be considered on a case-by-case basis for exceptional circumstances

5. Work Process

5.1 Request Submission

• Requests are submitted via dedicated Trello board or email
• Requests should include clear descriptions and requirements
• Priority levels can be specified (low, medium, high, urgent)
• Provider will acknowledge requests within specified response times

5.2 Work Prioritization

• Work is prioritized based on client-specified priority and business impact
• Urgent requests may be accommodated outside normal business hours
• Provider reserves the right to recommend priority adjustments

5.3 Communication

• Primary communication via email and Trello comments
• Premium clients receive access to dedicated Slack channel
• Monthly progress reports provided to all clients
• Quarterly strategy reviews for Growth and Premium clients

6. Client Responsibilities

6.1 Access and Information

• Provide necessary access to websites, hosting, and third-party services
• Supply required content, images, and brand materials
• Respond to requests for information within reasonable timeframes
• Maintain current contact information and payment methods

6.2 Backup and Security

• Client is responsible for maintaining their own backups
• Provider will make reasonable efforts to backup work but is not liable for data loss
• Client should maintain secure passwords and access credentials

7. Intellectual Property

7.1 Client Ownership

• Client retains ownership of all content, data, and materials provided
• Client owns all work product created specifically for their project
• Provider retains rights to general methodologies and techniques

7.2 Third-Party Materials

• Client is responsible for licensing of third-party materials
• Provider will use only properly licensed or open-source materials
• Client indemnifies Provider against IP infringement claims

8. Limitations and Liability

8.1 Service Availability

• Services are provided during normal business hours (9 AM - 6 PM EST)
• Provider is not liable for delays due to client unresponsiveness
• Force majeure events may affect service delivery

8.2 Liability Limitations

• Provider's liability is limited to the amount paid in the current month
• Provider is not liable for indirect, consequential, or punitive damages
• Client agrees to maintain appropriate insurance coverage

9. Termination

9.1 Cancellation

• Either party may terminate this agreement with 30 days written notice
• Client may cancel subscription at any time via Stripe Customer Portal
• No refunds for partial months or unused hours

9.2 Immediate Termination

Provider may terminate immediately for:

• Non-payment of fees
• Violation of agreement terms
• Abusive or inappropriate behavior
• Requests for illegal or unethical work

10. General Terms

10.1 Governing Law

This agreement is governed by the laws of the state where Provider is located. Any disputes will be resolved through binding arbitration.

10.2 Modifications

Provider may update this agreement with 30 days notice. Continued use of services constitutes acceptance of updated terms.

10.3 Severability

If any provision is found unenforceable, the remainder of the agreement remains in effect.