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Parties

This terms and conditions document (“Agreement”) is made as of , by and between (“Client”, represented by , ) and Ehven Consultants (Ehventerprise LLC, “Consultant”), a Pennsylvania company.

Recital

WITNESSETH: WHEREAS Consultant is engaged in Consulting for software and web development and support, and other related solutions and deliverables, and Client desires to engage Consultant, as described herein.

Definitions

  • Change Request (CR). Consultant creates Implementation and Care Plans as specifically and strictly as possible to protect project maintainability and stability and to protect Client from unplanned and unnecessary spending and increases in complexity. In the event that the coverage or scope in any plan needs to change, Client may submit a Change Request that Consultant will review. Upon completion of CR review, Client shall receive from Consultant cost and timeline estimates.

  • Features. Services and solutions offered by Consultant are packaged as discreet Features. Each Feature consists of original code authored by Consultant and/or one or more third-party components. Each also includes one or more Tiers (where higher Tiers offer greater functionality), canned tests that are used to continually verify Feature stability, and more.

  • Feature Extensions (also rendered herein as "Extensions"). Consultant packages additional capabilities and functionalities that may be added to Features but that do not fit within Feature Tiers into Feature Extensions.

  • Modes and Phases. Projects are divided into three modes, and each mode consists of one or more phases: (1) Implementation Mode consists of phases such as Design, Development, and Release, (2) Care and Maintenance Mode consists of phases such as Standard Maintenance and Emergency Maintenance, and (3) Retirement Mode consists of phases such as Active and Inactive.

  • Out of Process Service Request (OOPSR). Client emergencies that are not the result of dysfunction or pending update in services or solutions provided by Consultant cannot be considered emergencies in that they entitle Client to rush or additional service from Consultant. Nevertheless, in recognition of the fact that Client's emergency may include some measure of dependence upon an ecosystem to which Consultant regularly contributes, Consultant may, if resources allow, offer supplemental support to Client to resolve such challenges even if they are entirely within Client's purview and not at all dependent upon Consultant's obligations as defined by this agreement. Evening and weekend rates may apply. OOPSR's do not include fixed bids but may include estimates if circumstances allow.

  • RemDev. Remote Development Servers are specially configured replicas of Client's Production (Live) server (the main server that hosts Client's website or app for access by the project's intended audience). RemDevs allow qualified Client staff to experiment and proof their development and design work, even when said work may be risky, and without compromising or endangering Production (Live) in any way. 

  • Tested Updates. Consultant tests component and service updates in dedicated development and staging environments before updates are released to Production (Live) environments, to avoid breakage upon update and common (as well as less common) incompatibilities.

  • Viability Testing. Consultant continually tests and researches components and services to assure each is (1) stable, compliant, and maintained, (2) compatible with supported infrastructures, and (3) compatible with other components that are approved for the same infrastructures.

Engagement

Client desires to retain the services of Consultant, and Consultant is willing to perform the services called for upon the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter entered into, the parties mutually agree as follows:

  1. Term. The term of this Agreement shall be limited to the period required to execute services agreed to and described herein, including all prefatory and primary tasks required for complete implementation of all requested services, as detailed herein, and any additional corrective, reformative, or transformative changes, as enumerated herein, and as limited by the applicable dates listed herein. If Client requests Consultant to do additional work relating to the project described herein but extending beyond original Agreement, and Consultant accepts, then that work performed shall be considered to be done as an extension of this Agreement. Unless covered by fixed cost quote or otherwise noted, such work will be billed at the standard hourly rate ($120).

    1. Implementation Mode.

    2. Care and Maintenance Mode. The term of this Agreement (as pertains to the monthly Care Plan) will be limited to months for which coverage is paid:

      1. Monthly Coverage. Care Plan coverage is sold in whole month blocks and not prorated by week or day or any other sub-month portion.

      2. Coverage Cycle. Every month of coverage starts on the first day of the common calendar month and ends on the last day of that same common calendar month.

  2. Qualified third parties. Client may include qualified third parties (third-party contributors) in project work, subject to the following requirements:

    1. Third-party contributors cannot alter expected terms or timelines unless approved by Client and Consultant, and Client is willing to undertake any additional fees and other contractual obligations as set forth in this Agreement.

    2. Third-party contributors are bound by the same terms and conditions to which Client is committing in this Agreement. 

Scope of Work

Client acknowledges that Consultant's offerings are defined within an explicit Scope of Work that details specific deliverables and services that are due to Client under the provisions of this Agreement. Services and deliverables not detailed herein as "in-scope" are excluded from this Agreement. Client is however encouraged to inform Consultant about any additional needs; in the event that such needs can be accommodated by other/additional Features or Feature Extensions, Client will be invited by Consultant to confer on costs, implementation schedules, and other requirements.

At the issuance of this Agreement, the following Scope applies to deliverables and services that Client may expect from Consultant:

Scope of Work for Feature, Project, and Program Implementations

 

Scope of Work for Care Plans (Ongoing Maintenance and Support)

Ongoing Maintenance and Support (Care Plan) Deliverables (aka herein “Scope of Care”). Consultant shall provide Care Plan services and deliverables (as mutually agreed upon in advance by the parties hereto) to Client, as assigned by Client. Specifically, the Scope of Care covers deliverables and services that apply to maintenance support in the current live and public state of the project covered by this agreement, in accordance with common industry and professional standards as related to project performance, security, stability, maintainability, measurability, and manageability, and includes by default:

    1. Web and Application Hosting. Consultant deploys and maintains web projects and web-based components of multipart and app projects exclusively in top-tier environments, within service accounts that are owned and operated by Consultant, including:

      1. Solutions built on Amazon Web Services (AWS) for redundant and specialized archiving and backup apps.

      2. Solutions built on DigitalOcean technologies for dedicated mission-specific business applications such Analytics Apps (enterprise-class alternatives to GA), Archiving and Digital Preservation apps, Automation Servers, CRM, Document Management, ERP, HRM, IDE, Mapping and GPS, Streaming Media, VPN/ZTN, and select additional business-function and technology-function apps.

      3. Solutions built on Google Cloud Platform technologies for WordPress sites and apps (including WooCommerce), and communications automation packages.

    2. Datacenter Maintenance and Support. Server and network hardware and software maintenance provided by expert datacenter staff (and managed by Consultant) includes:

      1. Regular and emergency updates and patches

      2. Live and automated monitoring

      3. Hack cleanup guarantee

      4. Daily datacenter backups

    3. Website and/or App Maintenance and Support. Solution and application layer maintenance provided by experienced platform experts (and managed by Consultant):

      1. Regularly applied Tested Updates of Core and well-vetted addons, extensions, plugins, skins, and themes that have been selected or approved by Consultant.

      2. Maintenance of secondary supporting environments (Staging and Development) where applicable.

      3. Ongoing component Viability Testing.

    4. Software and Service Licenses. Software license fees shall be collected incrementally ("license maintenance fees") by Consultant from Client as part of the Care Plan cost to fully fund any required licenses and the costs of ongoing Viability Testing. Therefore:

      1. Client shall not be required to fund software licenses at existing service level at end-of-year license renewal time (lump-sum renewal invoices).

      2. License maintenance fees shall not increase unless Client elects to (i) increase service level of existing Feature (requiring higher-level license for applicable software or service), (ii) add new Features that require additional or higher license fees, or (iii) license vendor increases license price. In either of these cases, Client may elect to either (i) be assessed the unpaid balance of the higher or added licenses at the end of the Care Plan service year, and the monthly Care Plan cost will increase at that time to a level required to fully fund all licenses going forward (as described above) with the continuing goal of avoiding subsequent end-of-year license renewals, or (ii) begin funding the increased license fee at the next applicable monthly invoice, thereby avoiding even the first post-increase end-of-year lump-sum renewal.

      3. License maintenance fees shall include no more than $4/month/license additional margin to fund ongoing license management and Viability Testing costs.

    5. Staff Hours During Care and Maintenance Mode phases. Consultant hours as required for the execution of all maintenance and care duties described herein are included in the monthly Care Plan fees. Client shall not be assessed any additional charges for any activity covered under this plan, even in the case of emergencies that result in significant time spent. Effectively, Consultant guarantees to Client that all time required for regular and emergency services (as applies and relates to commitments and deliverables that are in scope for this Agreement, and without any relation to emergencies that may arise in Client's interests that are separate from this Agreement) shall be fully satisfied with the agreed monthly charges, regardless of the extent to which covered tasks may spiral out of control. Consultant shall also support Client with correspondence, tweaks, and meetings totaling up to 30 minutes per month. Therefore:

      1. Additional Hours for Design, Development, Etc. No additional staff hours are bundled into the monthly Care Plan for ancillary or supporting activities.

      2. Change Requests. Client may request additional work at any time. Additional work will be fully described in a formal Change Request (CR), to which Consultant shall respond with cost estimates and viable implementation schedules.

      3. Non-Emergency Out of Process Service Requests (OOPSR). Consultant may be requested, but not expected, to support emergencies experienced by Client in Client's internal concerns or Client's own client projects, in cases in which Client elects not to wait for standard CR process, by requesting rush service. If Consultant is available to support Client during such events, as they are not the result of dysfunction, pending update, or other emergencies in covered deliverables offered by Consultant under this Agreement, and therefore regarded as non-emergency in nature, Client shall be assessed service fees at the applicable rate ($120/hour for weekday service for performed between 7 am and 7 pm, $180/hour for weekday service performed between 7 pm and 7 am, and $240/hour for work performed during weekends or official company and national holidays).

      4. Caps on Billable Time. Client may apply time caps to any CR or OOPSR. Time caps can be used to limit Consultant billable time per month, per CR or OOPSR, or both.

    6. Analytics Reports. Consultant shall offer to Client optionally expandable web analytics reports that include by default:

      1. Up to 10 KPI's. Client may select up to ten (10) metrics describing audience behavior, app or page analyses, goals, e-commerce, and more.

      2. Up to 2 sources. Client may select up to two (2) sources for analytics collection, such as Constant Contact, Facebook, Instagram, Google Analytics, MailChimp, SendGrid, YouTube, and more.

    7. Status Meetings During Care and Maintenance Mode. Client may include as many attendees as needed or preferred in regular monthly status meetings:

      1. Additional status meetings may be added, at Client's request and subject to Consultant’s approval, in conjunction with special projects or other events requiring increased focus and collaboration. Additional status meetings are considered billable time and will be invoiced to Client at the regular hourly rate ($120).

      2. Client requests for rescheduled standard monthly status meetings must be received by Consultant at least 48 hours in advance. Client accepts and agrees that rescheduled meetings may not always be available, and may require change in personnel representing Consultant.

      3. Status meetings unattended by Client without sufficient notice or no notice at all will not be replaced and rescheduled by Consultant, except as additional status meetings charged at the regular hourly rate ($120). Client may cancel any status meeting without penalty or fee.

      4. Status meetings unattended by Consultant without sufficient notice or no notice at all, unless exempt under force majeure, shall be credited to Client with (i) replacement status meetings at no additional charge, or (ii) discount of 10% (per event) in the base portion of the following month's Care Plan fee ($128).

      5. Status meetings may be canceled by Consultant if applicable time and covered discussion topics are already handled for that month during impromptu meetings or other communication outside preferred and prescribed channels.

      6. Status meetings are recorded.

    8. Care Plan Features and Extensions. The following Features and Extensions are included in the Care Plan covered by this agreement:

Exceptions, Exclusions, and Limitations to Scope of Work

Client agrees that Consultant must limit Scope of Work to explicitly included services and deliverables in order to control costs while continuing to provide the services and deliverables defined herein at the highest possible quality. Therefore, the following exceptions, exclusions, and limitations apply unless applicable Features or Feature Extensions are purchased by Client:

    1. Exclusive Administrative Access to Servers, Code Repositories, and Related Service and Development Environments. Consultant shall have full and exclusive administrative access to all hosting, development, and service configuration assets and to any included websites during the life of this project and the span of its ongoing care within Consultant's infrastructure, therefore:

      1. Production (Live) environments do not allow ad-hoc addition or removal of addons, extensions, skins, plugins, or themes. Approved changes to any of these and similar components can be managed as required within Consultant's secure development processes.

      2. Expanded access to servers, code repositories, and related service and development environments is available to Client via applicable Features and Feature Extensions that may be purchased by Client and implemented by Consultant for the explicit purpose of enabling Client's participation in approved development efforts with properly managed access to development and operations assets within processes that are administered on an ongoing basis by Consultant.

    2. Software and Service License Management:

      1. Licenses Managed by Client Rather than by Consultant. Client is strongly encouraged to fund all licenses through Consultant using practices and processes described above. If Client decides to fund any licenses at Client’s own direction and entirely under Client’s own management:

        1. Installable software covered by applicable licenses must be submitted to Consultant for initial installation in the project.

        2. Updates to installable software covered by applicable licenses must be provided no later than the second Friday of each month to be included in that month’s regular (non-emergency) updates.

        3. Emergency updates to installable software covered by applicable licenses must be provided within 3 business days of the update’s release.

        4. License maintenance fee additional margins shall not be assessed.

        5. Additional labor required to maintain features that depend upon licenses and updates that are maintained in this way (via Client’s own facilities instead of Consultant’s existing process) will be charged at the regular hourly fee ($120). Estimates will be shared in advance of any work and caps may be applied by Client as described above.

    3. Professional Discretion. Client agrees that Consultant shall be granted professional discretion as applies to installing software, code, or extensions on the server, as these constitute tools, code libraries, or methods necessary to affect Scope of Work and perform Scope of Care. This will also include making server modifications, configuration changes, file/folder clean-ups and other file system maintenance changes, or other optimizations designed to enhance performance, provide greater security, allow desired functionality, or otherwise improve the server environment.

    4. Discouraged and Unvetted Additions or Changes. With appropriate signed waivers and disclaimers provided by Consultant, Client may elect to add less favored components or services to the project. Consultant shall provide explanation of “less favored” status of requested components or services, as well as any additional costs or reductions in Care Plan coverage that may result from such election.

    5. Forbidden Additions or Changes. Components or services that are deemed high risk, or in excessive violation of accepted or official standards, or the use of which violates law or contract, or are forbidden by any of Consultant’s applicable partners or service providers, shall not be installed in the project. Existing components or services that become forbidden at any juncture after initial installation will be removed within 30 days of declaration of degraded status or as required by forbidding authority (partner, service provider, law, etc), whichever is later.

    6. Implementation Mode Exclusions. As this Agreement does not include Implementation Mode phases, no implementation-related exceptions, exclusions, or limitations are addressed in this Agreement.

    7. Care Plan Exclusions. Care Plan coverage is strictly defined to increase performance, security, and serviceability, and to reduce risk. Any features or capabilities not explicitly supported are excluded from coverage. If Client is interested in support that is not currently explicitly included in covered Features or in any available Feature Extensions, Consultant shall make reasonable effort to outsource or subcontract the work or recommend to Client possible alternative remedies. The Care Plan defined herein therefore specifically excludes:

      1. Design. No design of existing or new pages is included in Scope of Care. Additional design, extensive design changes, and redesigns are however supported via optional CR’s and OOPSR's. Further, minor and infrequent design tweaks may be made by Consultant, at Client’s request and at Consultant’s discretion in place of reserved status meeting time and/or other included staff hours, where applicable.

      2. Development. No development of admin side or public side functionality is included for interface or behavioral modifications and augmentations. Custom development is, however, supported via optional CR’s and OOPSR's. Further, minor and infrequent code tweaks may be made by Consultant, at Client’s request and at Consultant’s discretion in place of reserved status meeting time and/or other included staff hours.

      3. Training. Instruction and training sessions are not included in Scope of Care. Presentational and interactive training sessions are however available upon request. Further, advice and guidance may be offered by Consultant, at Client’s request and at Consultant’s discretion in place of reserved status meeting time and/or other included staff hours, where applicable.

      4. Content. No content will be added to the website by Consultant, except as required to train Client staff (this includes training updates in support of functionality changes in the platform, which are also included at no additional cost).

      5. Regulatory or Conventional Content Compliance Enforcement. If Client’s project is required to conform to various regulatory standards, unless specified in the applicable scope herein, such conformance remains the responsibility of Client. This includes, but is not limited to website accessibility, privacy policies (including GDPR, CCPA, etc), HIPAA compliance, COPPA compliance, investor notices, policy statements, consumer notices, various disclosures, and/or any other similar types of conformance deemed appropriate and/or required by Client’s own regulatory or conventional obligations and/or Client's sector or industry standards.

Investments, Fees, and Schedules

Currency. All monetary terms herein refer to U.S. dollars. Consultant does not accept barter exchanges, bitcoin, or any other kind of cryptocurrency, multiparty checks, or payments in any currency other than U.S. dollar (regardless of form).

Payment Method. Fees quoted herein assume payment by ACH or credit card. If an alternative payment method is requested by Client (pending acceptance by Consultant), Consultant may add to payment amount(s) to cover additional time or fees involved.

Feature, Project, and Program Implementation Costs

Care Plan (Ongoing Maintenance and Support) Costs

    1. First and Last Months. Initial funding of Care Plan requires 2 months of payment to cover first and last months of plan coverage and is due upon onset of Care Plan.

    2. Covered Features and Extensions. The following list includes all assets, Features, and Feature Extensions covered by this Agreement:



    3. Total monthly obligation to maintain the Care Plan as defined by this Agreement:

Price Caps and Locks

    1. Increase Caps. Prices for all services covered by this Agreement shall not be increased at a rate greater than 10% between contracted periods.

    2. Price Locks. Prices for all services covered by this Agreement shall be locked and guaranteed not to increase during the life of this Agreement.

Special Additional Costs

    1. Included vs Billable Hours. Consultant makes every effort to avoid billable hours, and, as such, attempts to package all required implementation labors, care labors, status calls, administrative and other correspondence, and meetings associated with project features into discrete Feature packages with fixed prices. Therefore:

      1. Scope Changes. Unless changes in scope are requested by Client, Consultant shall not invoice Client for any special or additional billable hours in connection with the project as defined herein.

      2. Definition of Billable Time. Time spent on calls, on correspondence, on documentation, in meetings and workshops (including travel to and from meeting sites), with Client is considered billable time. This excludes presale or pre-agreement time required to define scope, time to establish proposals and starting contracts, and time required to deliver contracted implementation and care, all of which are not separately or additionally billable and are deemed fully covered by Implementation and Care costs.

    2. Materials and Outside Services. If materials and/or outside services are required by Client for the performance of services (e.g., media licenses, software licenses not covered elsewhere within this Agreement, additional hardware, additional server resources, domain names, hotel, airfare, and/or other expenses), as mutually agreed upon in advance, Client agrees to reimburse Consultant for any such expenses, which will be enumerated in a monthly invoice or upon project completion (whichever occurs first).

    3. Additional Fees. In some cases (a) the Client or (b) third parties not under the supervision of Consultant (e.g., other staff of, or partners of, or contractors for, Client) may have access to project, origin servers, relevant work files, etc. If such a party makes changes, alterations, deletions, errors, etc, that Consultant needs to repair, Client agrees that Consultant may bill Client for said repairs at the standard hourly rate ($120) if asked to repair any such damage, and only after Consultant submits formal estimates in writing.

    4. Exclusions. Fees exclude, and Client is responsible for, all sales, use, excise, VAT, GST, similar taxes or levies, and other assessments, except those levied against the income of Consultant.

Communications

Client agrees to submit project-related communications via approved channels only. Consultant agrees to provide to Client required access to approved channels by or before the beginning of the period covered by this Agreement, including non-emergency digital communication tools as well as 24/7/365 phone channel to be used for emergencies only. Client further agrees that:

  1. Client shall not submit project-related feedback, inquiries, requests, or other communications via email, text, or non-emergency phone, unless specifically approved to do so in writing by Consultant.

  2. Feedback, inquiries, requests, and other communications submitted via email, text, or non-emergency phone will delay Consultant responses and reactions, even in case of emergency. Additional time required to properly reenter communications into approved channels is billed at the regular hourly rate ($120).

  3. Consultant's home and standard business phone numbers are not emergency phone numbers and are not to be used during emergency conditions. Consultant does not accept unannounced home visitations for business purposes, and office visits must be scheduled in advance.

Commitments, Deviations, Violations, and Remedies

Consultant creates and maintains solutions that require Client participation. In the event that either Client or Consultant is unable to meet expectations defined by the terms of this Agreement, contingencies are provided to address and remedy resultant shortfalls. The following remedial processes apply to this Agreement as defined in "Scope of Work" above:

Nonpayment of Care Plan

Consultant provides ongoing care and maintenance to Client (specifically, to Client's project covered by this Agreement). Consultant does not provide any services on an ad-hoc basis outside of formal Care Plans, and therefore, encourages Client to prevent any interruption in service by failing to pay for Care Plan in a timely manner. In the event that Care Plan funding is interrupted, the following process is activated:

    1. Nonpayment of Monthly Care Plan Subscription. In the event that Care Plan payments are interrupted or discontinued, Consultant shall make reasonable effort to inform Client that last month coverage begins in place of the next due and unpaid month. At the end of the last month, if full standard funding of Care Plan (current plus last month) has not been restored, the project will be suspended: websites, apps, service nodes, and similar assets (including all constituent apps and services operated by Consultant in connection with this project) will be taken offline (or have access disabled if offline state is not applicable), leaving all project materials available for reactivation. Project maintenance duties continue uninterrupted during suspension. At the end of one additional month of nonpayment, websites, apps, service nodes, and similar assets (including all constituent apps and services operated by Consultant in connection with this project) will be decommissioned. Decommissioned projects will be removed from all publicly accessible hosting servers and related services.

    2. Restoring From Suspension. Client may elect to restore a suspended project by: (a) Paying past due Care Plan fees (including first and last month), and (b) Paying the current Unsuspend fee in full and in advance of reversing suspension ($180).

    3. Restoring From Decommission. Client may elect to restore a decommissioned project by: (a) Paying past due Care Plan fees (including first and last month), and (b) Paying the current Recommission fee in full and in advance of reversing decommission ($880 + $120/hour labor costs as required to apply skipped patches, updates, and other maintenance requirements).

    4. Exit and Terminate From Decommission. Client may elect to formally terminate this Agreement, even though it already effectively terminated due to ongoing nonpayment, and request all decommissioned assets in a final Exit Package by: (a) Paying past due Care Plan fees (excluding standard last month fee), (b) Paying for the Exit Package ($420), and (c) Signing separation notice that acknowledges that Exit Package materials exclude patches and updates that were released since Decommission, and any licenses previously provided and Care Plan.

Service Level Agreement (SLA)

Consultant agrees to provide to Client service at a level that is measurable and specific, and to warrant this level of service against drops and deviations by crediting Client as appropriate if and when service levels fail to meet expectations as set forth in Consultant's public SLA (see https://ehven.com/sla/ for service thresholds and credit policies).

Special Rights, Responsibilities, Licenses, and Provisions

Client and Consultant both agree to respect the rights of all represented parties, including those not directly participating in the execution of this Agreement (such as Open Source software vendors, artists, and other producers whose work is included in deliverables, etc). This includes, but is not limited to, all of the following:

  1. Code. CSS, HTML, JS, JSON, PHP, SH, SQL, VCL, YML, or any other type of computer instruction relevant to the functionality of the project, including comments written within that code, is handled as follows:

    1. Preexisting Code. Consultant may use or modify existing code in Client project as required for the proper implementation of deliverables defined herein. Client acknowledges that, for any non-open-source code already included in the project (prior to commencement of work described herein) and used by Client, Client or third-parties own this intellectual property, and it will be treated as such.

    2. New Code. For any new code developed by Consultant for this project, Consultant hereby grants to Client, and Client hereby accepts, an unlimited, unrestricted, royalty-free, fully paid, worldwide, and nonexclusive use license.

    3. Open Source Code. Neither Client nor Consultant retains any rights related to Open Source code used in this project.

  2. Graphics, Media, and Documentation. For any original graphics, media, or documentation produced by Consultant for this project, with the exception of the document that contains this Agreement, Consultant hereby grants to Client, and Client hereby accepts, an unlimited, unrestricted, royalty-free, fully paid, worldwide, and nonexclusive use license. No license is granted to Client by Consultant for the use of the content of this Agreement in any context other than to establish and manage the relationship between Client and Consultant; Client may not, therefore, use any part of this document or share this document with any third party for any additional use whatsoever. Graphics, media, or documentation produced by any other source and procured by Consultant for this project, retain any license assigned by the source.

  3. Domain Names. Client acknowledges that (a) Client owns the domain name(s) involved in this project or is duly licensed and approved to use said domains as required by project, and (b) that unless otherwise requested and agreed in writing, renewing the domain name(s) is Client’s responsibility.

  4. Other Creatives. Regarding other creative works or approaches, including promotional copy, textual content, communications, written works, marketing instruments, SEO assets, business efficiency improvements, etc: For any “Other Creative Works or Approaches” produced by Consultant for this project, Consultant hereby grants to Client, and Client hereby accepts, an unlimited, unrestricted, royalty-free, fully paid, worldwide, and nonexclusive use license.

  5. Rights Secured. Client guarantees that any elements of text, graphics, photos, designs, trademarks, computer code, or artwork provided to Consultant for inclusion in this project are owned by Client, or Client has obtained sufficient permission to use such from appropriate third parties prior to providing Consultant access to the materials. Client shall indemnify and hold Consultant, its officers, employees, and agents harmless against any and all claims, liabilities, damages, losses, and expenses should any claim, liability, damage, loss, or expense be sought against Consultant in connection with any use of such third-party materials.

  6. Use of Client Name and Logo. Consultant may identify Client (by business and/or website name, logo, screenshots, etc) as a client or customer of Consultant.

  7. Website Backlinks. Client is requested, but not required, to allow Consultant to place discrete credit with hyperlink to Consultant’s website in Client website footer that will be consistent with website design, will not displace or replace any other credits or footer content, and will be fully approved by Client in advance. Credit, if approved, will include text stating "DevOps and Infrastructure by Ehven Consultants (Ehventerprise LLC).", with or without terminating period as preferred by Client, no logo or icon, and one hyperlink to ehven.com.

Confidentiality

Consultant shall not disclose any aspect of Client project, operations, or workflows that may compromise the performance or security of the project described herein, or any other related or unrelated aspect of Client concerns. Consultant shall maintain all Client and project-related secrets in secure holding or destroy after approved usage.

Either party may, in connection with this Agreement, disclose to the other party information considered confidential and proprietary to the disclosing party (hereinafter “Confidential Information”). Confidential Information will include either party’s financial information, whether disclosed in tangible or intangible form; terms and pricing under this Agreement; and any other non-public information identified as confidential by the disclosing party at the time of disclosure, or which by its nature is normally considered confidential, such as information related to past, present, or future research, development, or business affairs, any proprietary products, materials or methodologies, or any other information which provides the disclosing party with a competitive advantage. The receiving party shall protect the disclosing party’s Confidential Information with the same degree of care that it regularly uses to protect its own Confidential Information from unauthorized use or disclosure, but in no event with less than a reasonable degree of care. No rights or licenses under patents, trademarks, or copyrights are granted or implied by any disclosure of Confidential Information. This Section will survive the expiration or termination of this Agreement.

Obligations of confidentiality imposed by this Agreement shall not apply to any Confidential Information that: (1) is rightfully received from a third party without accompanying markings or disclosure restrictions, (2) is independently developed by staff of the receiving party who have not had access to such Confidential Information, (3) is or becomes publicly available through no wrongful act of the receiving party, (4) is already known by the receiving party as evidenced by documentation bearing a date prior to the date of disclosure, or (5) is approved for release in writing by an authorized representative of the disclosing party.

Acknowledgments

Client hereby acknowledges that the complexity and fluidity of modern technology projects inherently require that certain factors remain outside the control of Consultant. In all cases, Client shall not hold Consultant liable for any damages related to these issues. Client agrees that, if Consultant is asked to address any such issues, such requests constitute additional billable work (including labors that may not be executable within Consultant's standard operating environments) and, as such, will need to be negotiated with respect to scope, timing, and fees.

  1. Open Source Errors. Consultant utilizes open source and other free (community) code. Inherent in these systems (even in the most advanced and thoroughly tested systems) are risks such as functionality issues, unpredictability, and other errors that could have an adverse effect on project performance and, in turn, on a business dependent on such performance.

  2. Browser Compatibility. Client acknowledges that Consultant develops for modern browsers, with weighted preference for the most popular browsers. Client acknowledges that not all browsers will render the web portions of the project identically, and allows for applicable variations in functionality between the various browsers.

  3. Fluidity of Content and Design. Client acknowledges that web content and design are malleable in appearance, and flow within browsers that are generally at the full control of the end-user. As Consultant cannot guarantee viewport dimensions, device resolutions, display quality, lighting conditions, or any other end-user browsing tool features in advance, Client agrees that strict replication or imitation of static designs or static captures of designs is neither possible nor desirable. This applies equally to all attempts to represent designs or captures of designs dictated by conceptual or brainstorming sessions, designs or captures of designs representing desktop or mobile software, print materials, natural or artificial scapes, social icons, or any other designs or captures of designs depicting any rigidly or precisely defined visage.

  4. Continued Quality. Consultant agrees to maintain a functional project per the scope of this Agreement. Client acknowledges that since project release, outside factors may have affected project functionality, performance, security, and viability. New browser releases, platform or server updates, other changes in technology, etc, may result in website behavior changes for which Consultant shall not be held responsible as applies to the “Scope of Work” described in this Agreement. As such, all work performed is sold and delivered to Client as is, at the condition in which the project exists at Care Plan onset, without modification and without any express or implied warranties beyond the intended state of deliverables as described in “Scope of Work” and “Scope of Care” above.

  5. Project Security. Client acknowledges that projects can be victimized directly (e.g., direct attacks on the Client’s host servers) or even indirectly (e.g., compromising Client email account and/or malware on Client’s local or personal computers, mobile devices, and/or IoT devices) by hackers. Consultant cannot guarantee that Client’s site will not be affected or targeted, successfully or unsuccessfully, by those with malicious intent. As such, Consultant is not responsible for any losses in connection with the project being hacked. While the Care Plan includes provisions that significantly improve project security (including hack cleanup support), Consultant cannot guarantee absolute security.

  6. Project Performance. Client acknowledges that project performance (as measured by page load speeds and other relevant metrics) is a function of numerous factors including: the size and complexity of the project, weight and complexity of individual pages, network and internet traffic, design, optimization (including file and image sizes, compression, minification, caching, etc), dependence upon outside services, the user’s Internet connection, and many other factors). Tuned host servers, DNS optimization, and remote caching (which are also potential performance bottlenecks) are included in project Care Plan, but the performance benefits provided by these factors cannot reverse or completely negate flawed user practices, changing technology, regulatory pressures, and similar factors. While the Care Plan includes several provisions that significantly improve website performance, Consultant cannot guarantee best-of-breed performance without additional performance-focused development attention over time. If speed is a particular concern (or if known performance issues exist in project components or services that are nevertheless required for business processes to execute as expected), Client is responsible for discussing such with Consultant so that specific goals and measures can be included in applicable “scopes” and/or supplemental CR’s to be added as required.

Relationship

Consultant is retained by Client solely for the purposes and to the extent set forth in this Agreement, and Consultant’s relationship to Client shall during the term of this Agreement be that of an external vendor or independent contractor. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, or to incur any obligation or liability or otherwise bind the other party. This Agreement does not create an association, joint venture, or partnership between the parties nor imposes any partnership liability upon either party. Consultant may engage, in addition to its own staff, subcontractors to provide all or part of the services set forth in “Scope of Work” and/or “Scope of Care”, above. The engagement of such subcontractors by Consultant does not relieve Consultant of its obligations under this Agreement. Consultant shall use its own working space, equipment, and tools.

Assignment

Either Consultant or Client may assign its rights or may delegate its duties under this Agreement.

Limited Warranties

Consultant warrants that Consultant has the right to enter into this Agreement and further warrants that the services will be performed in a reasonable manner; and Consultant, while on Client’s premises, shall comply with Client’s security provisions or other policies and procedures made known to Consultant. Except as expressly set forth herein, Consultant disclaims all other warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, usage in trade, prior dealings, quiet enjoyment, and title.

Liability

In no event shall Consultant be liable for any damages arising from the use of the work developed under the terms of this Agreement. THE SERVICES AND THE WORK PRODUCT OF CONSULTANT ARE SOLD “AS IS”;

CONSULTANT DOES NOT WARRANT THE SOFTWARE / PRODUCTS / SERVICES DESCRIBED HEREIN TO OPERATE ERROR-FREE OR FREE OF DEFECTS OR THAT DATA LOSS WILL NOT OCCUR. IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CONSULTANT (INCLUDING ITS AGENTS) TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID TO THE CONSULTANT WITH RESPECT TO THIS AGREEMENT. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY LOST DATA OR CONTENT, CORRUPTED DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY CONSULTANT, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Any action against Consultant must be brought within two (2) months after the events giving rise to the cause of action to occur.

Force Majeure

Except for Client’s payment obligations to Consultant, neither party shall be deemed in breach of this Agreement for any failure or delay in performance caused by reason of fire, flood, earthquake, labor dispute, act of G-d, act of terrorism, foreign or public enemy, death, illness or epidemic or pandemic, or incapacity of Consultant or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Consultant’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Consultant shall, if able, give notice to Client of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.

Waiver, Modification, or Cancelation

This contract is regarded as a living document that may change from time to time, especially as Consultant’s business practices, regulatory obligations, and other critical considerations change for any reason. As such, if Consultant intends to make a change to this contract, Consultant shall notify Client via email; Client must agree or disagree to the change, via email, within 30 days (one calendar month).

Termination

This Agreement may be terminated at any time by either party effective 30 days after written notice, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors, (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (30) days from receipt of notice of such breach, or (c) feels compelled to cite irreconcilable differences, especially as arising from improper conduct (defamatory, discriminatory, disrespectful, or threatening behavior that can be appropriately demonstrated in recorded communications).

In the event of termination, Consultant shall be compensated for the services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due apportioned by whole months, or (c) hourly fees ($120/hour) for work performed by Consultant or Consultant’s agents as of the date of termination, whichever is greater; and Client shall pay all expenses, fees, together with any additional costs incurred through and up to, the date of cancellation.

In the event the Client would like working exports of existing work in the state at which the project exists upon termination, Consultant will provide full materials (including credentials and keys required to access and use said materials that will remain valid for 30 days from termination), in a single Exit Package for a one-time payment of $420. This labor and its associated cost are separate from and in addition to any other outstanding owings. Moreover, an Exit Package will not be prepared for Client until after all other outstanding fees have been paid in full.

Reversal

Client acknowledges that in the event Client terminates Agreement and then requests service anew, Consultant is required to audit project with the same level of detail as any other project that transfers into Consultant's ecosystem. As such, Client will be charged all the usual audit fees and a new contract will be required. Consultant may elect, at Consultant's discretion, to waive select audit fees or charge for audits of lesser scope.

Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the confidential information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the services, shall survive.

Governing Law

The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Pennsylvania without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.

Dispute Resolution

In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. If Consultant is the prevailing party in any dispute resolved by binding arbitration or litigation, Consultant shall be entitled to recover attorneys’ fees and costs. Consultant’s maximum total liability remains as stated above under “Liability”. In all circumstances, the parties specifically consent to the local, state, and federal courts located in the state of Pennsylvania, County of Allegheny. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Client acknowledges that Consultant shall have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Consultant shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

Severability

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be omitted or changed and the remaining provisions of this Agreement shall remain in full force and effect and will be interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law.

Non-Waiver

The failure of either party to insist upon or enforce strict conformance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of such party’s right unless such waiver or relinquishment is explicitly made in writing, and shall not constitute any subsequent waiver or relinquishment.

Testimony

In the event of a suit, enforcement, dispute, litigation, arbitration, mediation, tax audit, intellectual property rights prosecution, or other legal issues in which Consultant must be called upon to testify, advise, or be involved in any way with such issue, Client acknowledges and agrees to pay Consultant its applicable hourly rate ($120), plus reasonable expenses, applicable taxes, and fees.

Survival

All provisions of this Agreement that would reasonably be expected to survive the termination of this Agreement will do so.

Headings

The numbering, captions, and typographical formatting of the various sections are solely for convenience and reference only and will not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.

Entire Agreement

This document constitutes the entire Agreement between the Consultant and the Client regarding this project and its associated Care Plan.

No prior or contemporaneous statements or writings may be considered in the interpretation of this Agreement.

This Agreement becomes effective only when signed by both parties. Both parties warrant that they have read and understood the terms set forth herein.

IN WITNESS THEREOF, the parties, intending to be legally bound, have executed this Agreement as of the date first above written. Each party warrants that the representative whose signature appears below is duly authorized by all necessary and appropriate corporate actions to execute this Agreement.

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Signature Certificate
Document name: {{gravity-field-id-12}} - {{gravity-field-id-31}}
lock iconUnique Document ID: 9f7a0ad79083b845798c2f328de7c92faeddd03e
Timestamp Audit
Sunday, April 25, 2021 3:40 pm EDT{{gravity-field-id-12}} - {{gravity-field-id-31}} Uploaded by Gilad Ehven - [email protected] IP 71.245.178.34
Sunday, April 25, 2021 8:48 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Sunday, April 25, 2021 9:04 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 10:05 am EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 10:16 am EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 10:23 am EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 2:26 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 2:37 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 4:05 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 4:07 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 4:31 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 4:43 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 4:44 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 4:54 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 5:04 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 6:27 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Monday, April 26, 2021 6:31 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 10:21 am EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 2:09 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 2:16 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 2:55 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 2:57 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 3:34 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:00 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:08 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:11 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:18 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:23 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:51 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:54 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 4:57 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 8:24 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 9:24 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 9:48 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Tuesday, April 27, 2021 9:53 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 12:33 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 12:46 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 2:52 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 4:44 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 7:23 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 7:23 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Wednesday, April 28, 2021 8:57 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
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Thursday, April 29, 2021 12:03 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
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Thursday, April 29, 2021 12:25 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
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Thursday, April 29, 2021 12:35 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
Thursday, April 29, 2021 12:39 pm EDTEhven Consultants Archive - [email protected] added by Gilad Ehven - [email protected] as a CC'd Recipient Ip: 98.111.246.19
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