Terms & Conditions

1. Payment

All payments are due on receipt. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Above Market reserves the right to freeze all work until accounts are settled. Payments will be made via ACH Payment, Check, or Cash to:

Above Market
3910 Haines St., #205
San Diego, CA 92109

Credit card payments will also be accepted from all major credit card agencies (Visa, MasterCard, Discover Card, and American Express), however each payment may be subject to an additional 3.5% transaction fee.

2. Ownership

Above Market will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files may be partially based on a non-exclusive code base created and maintained by Above Market and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.

3. Point of Contact & Training

Above Market will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Above Market requires this person be available to answer questions arising from the project within 24 hours on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.

4. Project Management & Communication

Above Market will manage the Contract using commercial and proprietary project tracking software including issue tracking, Git integration, and Client feedback. The Client’s Point of Contact, stakeholders, and collaborators will all have appropriate access to the project and all associated assets. This system will serve as a primary mode of communication, documentation, and reporting. Any approval marked within the system by the Point of Contact will be considered official written approval.

5. Independent Contractors

Above Market retains the rights to subcontract any portion of the Contract.

6. Non-Solicitation

If within one year of termination of this agreement the Client hires or contracts with any employee or Independent Contractor of Above Market The Client will agree to pay Above Market, a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.

7. Response Time

Above Market is not set up to support on call services. Within the duration of the Contract Above Market will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. Above Market will respond in good faith but cannot guarantee any specific action within a given time frame.

8. Dependencies

In the event that any aspect of the Contract is dependent on a separate third party or the Client’s in-house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Above Market is not responsible for any delay or defect caused by separate third party or the Client’s in-house teams.

9. Hosting

Above Market does not provide Hosting services beyond temporary internal development environments. The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, Above Market may offer suggestions, however, Above Market is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, Above Market is not responsible for any bug caused by changes on the Host after the Acceptance of the Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.

10. Backups

Above Market maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of the Contract. While the Above Market backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.

11. Security

Although Above Market makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Above Market can in no way guaranty that the Finished Product(s) will not be subject security breaches. Above Market recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to the Contract or as an additional Contract.

12. Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

The Client agrees that any liability of Above Market relating to this agreement and the services performed shall be limited to the amount of fees actually received by Above Market, from the Client under this agreement regarding the services in question. In no event shall Above Market be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

13. Warranty

Above Market will provide patches and bug fixes for any bugs or issues included in the scope of the Contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.

Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.

14. Credit

Above Market retains the right to use the Client within its roster of clients. A link to the The Client website/application website may be placed on the Above Market web site as part of its business portfolio.

15. Review, Expiration or Cancellation

The Contract is valid for the calendar year of in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. the Contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.

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