Terms & Conditions
The Client identified above engages (“Moxie Administrative Services”) to provide general and technical administrative support services (the “services”) to Client according to the following terms:
1. Moxie Administrative Services Duties
Moxie Administrative Services shall provide the Services described more specifically on Scope of Work, attached, as directed by Client. Moxie Administrative Services’ services are measured and billed by the project. Moxie Administrative Services shall provide these services in a diligent, thorough and timely manner.
2. Client Duties
Client agrees to cooperate with Moxie Administrative Services and to provide them with accurate and adequate information and resources as may be necessary to properly perform the services.
Client shall pay Moxie Administrative Services based on the Scope of Work provided at the time of engagement, which provided the details, such as timeline and monetary estimate.
Moxie Administrative Services does not own any design or creative works of any kind.
Moxie Administrative Services acknowledges that in the course of performing the services, Client is likely to provide Moxie Administrative Services with access to confidential information (such as finances, customers, or business processes, or other information that gives Client competitive advantage and the disclosure of which would be harmful to Client). Moxie Administrative Services agrees not to disclose such information to any third party for any reason unless compelled to do so by operation of law or judicial process, or to use or exploit such information for Moxie Administrative Services’ private benefit. This duty of confidentiality shall survive the termination of this Agreement.
6. Subcontractors and Third Party Services
Moxie Administrative Services shall have the sole discretionary power to choose or reject any and all subcontractors working directly or indirectly with the project. Any and all work performed by subcontractors on behalf of Moxie Administrative Services is subject to the sole control of Moxie Administrative Services. At no time and without exception are subcontractors to be paid or contacted directly by Client. Moxie Administrative Services shall bill Client for any services performed by subcontractors and shall include any applicable markup for such services. Client will be asked about working with sub-contractors before work is to begin.
Either with or without cause, either party may terminate this Agreement with at least 30 days written notice, unless otherwise specified in Scope of Work.
Moxie Administrative Services will invoice Client prior to the start of each month. The invoice will describe the services to be provided. Any accrued expenses will be included on the next month’s invoice. Existing clients being billed as hourly, if the time spent exceeds what has been prepaid, work will temporarily stop until Moxie Administrative Services and Client agree to add additional time and payment has been received. Any balance left at the end of each month over eight (8) hours will be applied to the next month’s estimate. Client agrees to pay the amount in full upon the receipt of an invoice.
5/15/2022: When paying on Flat Rate, automatic draft is an option.
9. Limited Warranty, Disclaimer and Client’s Waiver of Liability
Moxie Administrative Services shall provide all services in a reasonably diligent, thorough, and timely manner, as constrained by Client’s schedule and availability. Moxie Administrative Services does not provide licensed professional advice. Client specifically waives any and all claims of liability against Moxie Administrative Services except in instances of gross negligence or intentional harm by Moxie Administrative Services. Client waives all non-contractual damages including consequential, exemplary punitive or incidental damages, damages for pain and suffering or emotional distress or attorney fees. Moxie Administrative Services shall not be responsible for any computer hardware or software support and shall not be liable for any damages whatsoever, whether direct, indirect, incidental, special, or consequential, or for lost revenues or lost profits, under any theory of liability, even if advised of the possibility of such damages in advance.
10. Miscellaneous Provisions
Applicable Law. North Carolina law will apply to this contract.
Dispute Resolution. If a dispute arises with respect to this Agreement, the parties will try in good faith to settle it through mediation conducted by the Mediation Center of Buncombe County. The parties will share the costs of the mediator equally.
Relationship of Parties. Moxie Administrative Services is an independent contractor, and neither Moxie Administrative Services nor its employees shall be considered employees of Client. Nothing stated in this Agreement shall be construed to create a partnership or other joint business entity between Moxie Administrative Services and Client.