The services are outlined under the section ‘SCOPE OF WORK’ in the proposal.

1. We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed under the section ‘SCOPE OF WORK’ . You agree to aid us in doing so by making available to us needed information pertaining to your project and to cooperate with us in expediting the work.

2. We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any thirdparty for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Still we bend over backwards to make our clients happy, like we mentioned beforeyou’re our lifeline.

1. BILLING SCHEDULE: Initial payment will be due within three (3) days of invoicing. Upon payment the timeframe begins.

2. BUDGET: The total budget for this project is outined in ‘PROJECT DETAILS’ not including the monthly Digital Beacon & Website Hoisting costs. 3. ADDITIONAL COSTS: Any hours worked that exceed the allotted ‘SCOPE OF WORK’ will be billed at a previously agreed upon rate. Additional projects, materials, functionality or feature requests above and beyond those listed in the section ‘SCOPE OF WORK’ may be considered out-of-scope and an amendment to the budget will be recommended.

3. AGREEMENT TO PAY: (You) the Client agrees to pay our initial (1st) invoice upon receipt which will act as a deposit for the project.

After initial payment, in the event payment is not made within 15 days of invoice, RaisingSails will charge a late payment fee of 10% per month on any overdue and unpaid balance, not in dispute, to cover the manpower, interest, and other costs RaisingSails pays for carrying overdue invoices from (You) the Client.

In addition, RaisingSails reserves the right to stop work until payment is received. In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

Client acknowledges and agrees that if RaisingSails incorporates licensable content, including but not limited to stock photography, pre-recorded music, etc., and pays the license or clearance fees associated with such content, RaisingSails will charge those fees back to the (You) the Client, unless otherwise outlined in this agreement or an addendum hereto. Any changes in scope outside of this project agreement may incur additional fees (see Modification of Agreement).

You have the right to modify, cancel or increase work in progress. However, you agree to reimburse us for all costs and expenses incurred prior to your modification, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.

RaisingSails provides an extensive portfolio for review prior to project initiation to ensure quality of work and level of comfort in the agreement. RaisingSails encourages (You) the Client to communicate any reservations regarding the agreement prior to making a payment for services. If for any reason, (You) the Client directs RaisingSails to stop work on a project, (You) the Client must provide written notification. Client agrees to pay for all services provided and costs incurred to date of written notice.

In the event that the client does not respond timely to RaisingSails, does not provide necessary materials, documents, data or feedback that has been requested, the account management staff will seek to re-establish this necessary communication. However, if the client has not communicated with RaisingSails, or provided necessary content or feedback within a thirty (30) day period, RaisingSails shall have the right, in its sole discretion, to remove the project from the production schedule to a pending schedule and an alternative deadline must be established, as the previous one will be void. Additionally due to a lack in communication after this thirty (30) day period, RaisingSails shall have the right to charge the remaining balance less ten (10) percent.

The provisions of this contract are severable. If any provision of this contract is held to be invalid or unenforceable for any reason, the remaining provisions will be binding and enforceable. Additionally, the court making the finding of un-enforceability shall have the authority to modify the offending provision to the minimum extent necessary to render it valid and enforceable and consistent with the parties’ intent (as expressed herein).

RaisingSails acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary information such as: data, account info and passwords, acquired by RaisingSails on behalf of or disclosed by (You) the Client. RaisingSails will not disclose any strategical, tactical, or other internal information to outside entities without prior approval from (You) the Client.

Ownership of all content created by RaisingSails and affiliates regarding this account will be transferred to (You) the Client upon final payment for project or payment for that period depending on the fee arrangement listed above.