- January 1st
- Memorial Day (last Monday in May)
- July 4th
- Labor Day (first Monday in September
- Thanksgiving Day (final Thursday in November) + day after
- December 24th
- December 25th
Any work requested on these dates will be billed at our Escalated Support Rate.
U.S.-Based Developer Option
If the Client’s business or project requires or prefers a U.S.-based developer, please let Alchemy + Aim know prior to the start of work. The hourly rate for U.S.-based development work is $175/hour. Alchemy + Aim will confirm any changes to the project estimate or scope before proceeding.
Access Needed
By entering into this Agreement, the Client authorizes Alchemy + Aim to provide support for the Client’s website and agrees to provide the necessary access to the website, hosting, domain, newsletter, and any other website-related products or services.
Website Care
The Client understands that their website will require continued care and maintenance after Alchemy + Aim releases it to the Client. Depending upon the nature of the site, this may include adding blog posts, adding and updating products, taking standard security measures, and more. If additional support is needed, the Client may contact Alchemy + Aim for assistance.
Main Contacts
For technical support requests and assistance, please email the Alchemy + Aim Support Team at support@alchemyandaim.com.
If strategic guidance is needed for the Client’s website or business, please email Alchemy + Aim to request a scheduling link for a session with Molly or Brandi. Please note that any direct emails to Molly or Brandi for meetings will have the strategy rate applied to that meeting time.
Estimates
Alchemy + Aim allots fifteen (15) minutes for the creation of estimates. If a project is complex and requires a more detailed estimate, that time will be tracked. If the Client proceeds with the project within thirty (30) days, Alchemy + Aim will not charge for the estimate time. If the project does not proceed, Alchemy + Aim will invoice the Client for the time spent creating the estimate.
Estimates for technical support work are non-binding guidelines and do not constitute contractual agreements.
Communication
Alchemy + Aim encourages open communication throughout all support work. If clarification or additional explanation is needed at any time, the Client should reach out so that Alchemy + Aim can provide more thorough guidance. If something isn’t working, let’s have a conversation to find a solution.
Billable Time
In addition to direct technical support, any time spent advising the Client, researching based on Client requests, or participating in video or phone calls will be billed to the Client at the applicable hourly rate.
Larger Projects
Projects with estimated completion times over ten (10) hours may require a deposit or advance scheduling. Alchemy + Aim will notify the Client if this applies to any request.
Payments
The Client will be invoiced on the 15th of each month for work completed during that month. Fees are due within fifteen (15) business days of the invoice date. Any fees not paid within thirty (30) days may incur a late fee of ten percent (10%) for every thirty (30) days overdue.
If unpaid amounts are referred to collections, the Client shall promptly reimburse Alchemy + Aim for all costs of collection, including attorneys’ fees.
If an invoice is needed sooner, please contact accounting@alchemyandaim.com.
Payment Processing Fees
Clients may pay invoices via credit card or ACH transfer. Credit card payments incur a 3% processing fee applied to the total invoice amount. To avoid this fee, Clients may pay via ACH transfer.
If paying by ACH transfer, Clients are responsible for any associated bank fees. ACH transfer fees may not be passed on to Alchemy + Aim. If an ACH transfer fee is included in the payment, a $10 administrative fee will be added to future invoices to cover reconciliation costs.
Delivery & Acceptance
Upon completion of any requested service, the Client has five (5) days to evaluate the work. After this period, the work will be deemed accepted unless the Client provides written notice detailing the reasons for rejection.
If the Client rejects the work, Alchemy + Aim will provide an updated estimate and timeline to address the Client’s concerns. No refunds will be provided for accepted and paid work.
Expenses
Alchemy + Aim agrees to obtain prior approval from the Client before incurring any additional expenses not previously discussed. This includes but is not limited to fonts, plugins, site widgets, images, and stock photography.
Speed, Cache, and Hosting
Telecommunications, internet connectivity, and hosting performance are outside of Alchemy + Aim’s control, and Alchemy + Aim is not liable for performance issues related to them.
Alchemy + Aim may suggest cache plugins, but professional configuration is required for optimal results, and Alchemy + Aim cannot be held responsible for performance issues caused by cache settings.
If Alchemy + Aim determines that the Client’s host contributes to performance problems, Alchemy + Aim will recommend alternative hosting providers. If the Client chooses to remain with their current host, the Client acknowledges that speed or site issues may limit the amount of work completed within a given period.
Confidentiality
Alchemy + Aim acknowledges that, in performing services for the Client, it may have access to confidential information. Alchemy + Aim shall hold such information in confidence and not disclose or use it without the Client’s express written consent. All confidential information will be treated with no less than reasonable care and returned or destroyed upon termination of this Agreement.
Client Purchases & Liability
Alchemy + Aim has no liability for the Client’s purchase of third-party services or software related to the website, including but not limited to payment portals, hosting, security services, telecommunications fees, or domain name registration.
If the Client requests in writing that Alchemy + Aim make such purchases on the Client’s behalf and provides advance payment, Alchemy + Aim will do so solely for convenience and efficiency but assumes no responsibility for the performance of those third-party services.
Term & Termination
The term of this Agreement begins on the date it is executed and remains in effect through December 31, 2026. The Client may terminate this Agreement at any time, with or without cause, by providing Alchemy + Aim at least ten (10) business days’ prior written notice and by paying all amounts due as of the effective date of termination.
Alchemy + Aim may terminate this Agreement upon written notice if the Client materially breaches any obligation, including failure to pay fees when due.
Miscellaneous
(a) Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party and its officers, directors, employees, agents, and contractors (“Indemnified Parties”) from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising from: (i) the Indemnifying Party’s material breach of this Agreement; or (ii) the Indemnifying Party’s gross negligence or willful misconduct. With respect to intellectual property, Alchemy + Aim shall indemnify Client only for claims that custom code or materials created solely by Alchemy + Aim and delivered to Client under this Agreement infringe a third party’s intellectual property rights. Alchemy + Aim shall have no liability or indemnification obligations for Client-provided materials, third-party plugins, themes, software, fonts, images, content, or any open-source components, nor for any modifications made by Client or any third party. Indemnification shall not apply to the extent any claim arises from the Indemnified Party’s own negligence, willful misconduct, or breach of this Agreement.
(b) Limitation of Liability. Neither party shall be liable to the other for indirect, incidental, consequential, special, exemplary, or punitive damages (even if advised of their possibility). To the fullest extent permitted by law, each party’s total aggregate liability for any and all claims arising out of or related to this Agreement—whether in contract, tort, statute, or otherwise—shall not exceed the total amount paid for services under this Agreement in the twelve (12) months preceding the event giving rise to the claim. This limitation applies to all claims and causes of action, including those related to confidentiality, intellectual property, privacy, security, or indemnification. All claims must be brought within one (1) year of discovery or when they reasonably should have been discovered.
(c) Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement that cannot be resolved through good-faith negotiation shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration is mandatory and is a condition precedent to any court litigation. The arbitration shall take place in the State of New Jersey, and New Jersey law shall govern all matters arising out of or related to this Agreement. The arbitrator may interpret contract terms, apply law, and award damages consistent with the limitations in this Agreement.
(d) Costs of Arbitration. Each party shall bear its own attorneys’ fees, expert fees, and costs of arbitration, except where otherwise required by applicable law or AAA rules. No fee-shifting or award of legal fees may be made unless required by statute.
(e) Procedural Rules. Unless otherwise agreed: (1) discovery shall be completed, and arbitration shall begin within sixty (60) days after the appointment of the arbitrator, unless delay is reasonably justified; (2) the arbitrator shall issue a written award within thirty (30) days after completion of the hearing, unless delay is reasonably justified; and (3) the arbitrator may grant equitable relief consistent with applicable law.
(f) Injunctive Relief. Notwithstanding the foregoing arbitration requirement, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in New Jersey to protect its confidential information or intellectual property. Such relief is cumulative and does not waive the requirement that all other claims proceed to arbitration.
(g) Exclusive Jurisdiction. Except for the limited injunctive relief contemplated above, no party may initiate any lawsuit, action, or proceeding in any court relating to this Agreement. Any action to confirm, modify, or enforce an arbitration award shall be brought exclusively in the state or federal courts located in New Jersey.
