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Gravity Assist Services Terms

Version 1.0 — Last updated August 31, 2026

These Services Terms (the “Terms”) govern custom development services (“Gravity Assist”) provided by Katz Web Services, Inc., a Massachusetts corporation doing business as GravityKit (“GravityKit,” “we,” “us”), to the customer named in a Statement of Work (“you”).

1. How these Terms apply

Each project is described in a written estimate or Statement of Work (a “SOW”) that references these Terms. The SOW and these Terms together are the entire agreement for that project. Paying the deposit or prepayment stated in a SOW — or otherwise directing us in writing to begin work — constitutes acceptance of that SOW and these Terms. No signature is required. These Terms apply in place of any terms on a purchase order or similar document you send us, even if we do the work or accept payment after receiving one.

A project is governed by the version of these Terms in effect on the date you accept its SOW. If a SOW conflicts with these Terms, the SOW controls for that project.

2. Services

We provide custom development and consulting related to WordPress, Gravity Forms, and GravityKit products. The scope of each project is only what its SOW describes; anything else requires a new or amended SOW. Small additions don’t need a new document: we confirm the added scope and estimated hours by email, you reply with your approval, and that email amends the SOW for the project.

3. Estimates, fees, and payment

  • Hourly billing. Work is billed at the hourly rate stated in the SOW, in 15-minute increments. Estimates are made in good faith but are estimates, not fixed prices: if the work takes less time, you pay less; if it takes more, you pay more, subject to the overage rule below. Invoices include an itemized summary of hours.
  • Scoping. Most estimates are free. Where a project needs real scoping work before we can estimate it, we charge a consultation fee of one hour at our hourly rate, credited to the project if it goes ahead.
  • Overage approval. If we expect total hours to exceed the top of the SOW’s estimate range by more than 15%, we will pause and get your written approval before continuing. Hours more than 15% over the top of the estimate range are not billable until you approve them. If a SOW states a single estimated number, that number is the top of the range.
  • Minimum project size. Each project has a 2-hour minimum. If a project ends early — by you or by us — hours worked are billed, with that same minimum once work has begun.

Payment schedule.

  • Projects estimated at 10 hours or less: the top of the estimate range is prepaid before work begins.
  • Larger projects: 50% of the estimate midpoint is due before work begins; the balance (actual hours worked, less the deposit) is invoiced on delivery, due within 14 days.
  • Projects estimated over 30 hours: we invoice every two weeks for hours worked, and the deposit is credited against the final invoice.
  • If actual hours come in under what you prepaid, we refund the difference.
  • Late payment. We may pause work on any of your projects while an invoice is more than 14 days past due. Past-due amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less.
  • Taxes. Fees do not include sales tax, VAT, or similar taxes. You are responsible for any that apply. For EU business customers who provide a valid VAT number, VAT is handled under the reverse-charge mechanism.

4. Your responsibilities

  • Provide accurate information about your site, requirements, and environment, and respond to questions promptly. If we cannot proceed for more than 10 business days because we are waiting on you, we may close the project and invoice hours worked.
  • Grant site access through TrustedLogin or another method we agree to in writing. Do not send passwords by email.
  • Maintain current backups of your site and database. We work carefully, but backups are your responsibility.
  • Provide a staging environment when the SOW calls for one.
  • Hold valid licenses for the commercial software (plugins, themes, platforms) the project builds on or integrates with.
  • Make sure you have the rights to the software, content, and data you provide or give us access to. If a third party brings a claim about those materials, you will cover our reasonable costs, including legal fees, of dealing with it.

5. Delivery and acceptance

We deliver the work described in the SOW (typically as a plugin, code package, or configuration on your site). “Delivery” happens when we email you that the work is complete, with the deliverable attached, installed on your site, or available at a download link named in that email. That email starts your 14-day review window.

You have 14 days from delivery to report that the deliverable materially fails to conform to the SOW. If you report that within the window, we will fix it and redeliver, and the redelivered work gets a fresh 14-day window. If you do not report a problem within the window, the deliverable is accepted and the project is complete.

6. Intellectual property

  • We own our code. GravityKit retains all copyright and other intellectual property rights in the portions of the deliverables we create and in our pre-existing tools, libraries, and know-how. Open-source components — including the WordPress and Gravity Forms code the deliverable builds on — keep their own licenses; materials you provide stay yours (see below). We may reuse, generalize, modify, incorporate into our products, and offer to other customers anything we develop under a SOW, in the generalized form described in Section 10. Nothing in a SOW is exclusive to you unless the SOW expressly says so.
  • Your license. Code deliverables are licensed to you under the GNU General Public License, version 2 or later (GPLv2+), effective when the project is paid in full. That license lets you use, modify, and redistribute the code.
  • Your materials stay yours. Your site content, data, trademarks, and anything you provide to us remain your property. You grant us permission to use them only as needed to perform the services.

7. Warranty

For 30 days after acceptance (Section 5), we will fix, at no charge, defects that prevent the deliverable from working as the SOW describes. If we can’t fix a covered defect within a reasonable time, we will refund the fees reasonably attributable to the affected portion of the work. That fix-or-refund is your only remedy for a warranty claim. This warranty does not cover problems caused by: changes made by anyone other than us; updates to WordPress, Gravity Forms, themes, or other plugins; hosting or environment changes; misuse; or use outside the assumptions stated in the SOW.

Except for that warranty, the services and deliverables are provided “as is,” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise compatibility with future versions of WordPress, Gravity Forms, or any third-party software. Ongoing support and maintenance are not included and may be offered separately.

8. Limitation of liability

To the maximum extent permitted by law: our total liability arising out of a project is limited to the fees you paid for that project; and neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. These limits apply to every kind of claim, whether based on contract, warranty, tort, or a statute. These limits do not apply to either party’s willful misconduct or to your payment obligations.

9. Business use only

Gravity Assist is offered to businesses and professionals. You represent that you are purchasing the services for business or professional purposes — including as a sole proprietor or freelancer — and that you can accept these Terms for the business named in the SOW.

10. Confidentiality

Each party will use the other’s non-public information only for the project and will protect it with reasonable care. This obligation does not apply to information that is public, already known, independently developed, or required to be disclosed by law. Our reuse rights under Section 6 cover code, techniques, and know-how in generalized form: when we reuse work, we remove your Confidential Information, branding, and data.

11. Data protection

If a project involves access to personal data on your site, you are the data controller — or, where you act for another controller, a processor — and we are your processor (or sub-processor). We will: use that data only as needed to perform the project and per your reasonable written instructions; keep it confidential; protect it with appropriate technical and organizational security measures; tell you without undue delay if we learn of a breach affecting it; reasonably assist you with data-subject requests and related compliance obligations; and delete it from our systems when the project ends — except copies in routine backups, which age out on the normal backup cycle, and records we must keep by law. On request, we will provide the information reasonably needed to demonstrate this. You authorize the subcontractors we use (currently in the Netherlands and Canada) as sub-processors under equivalent obligations; we will tell you before adding others, and you may object on reasonable grounds. Where EU or UK data protection law requires a transfer mechanism, the parties will complete the EU Standard Contractual Clauses, including annexes, as part of the SOW.

12. Changing or ending a project

Either party may end a project with written notice. You pay for hours worked through the end date, subject to the minimum project size in Section 3; we refund any prepaid amount beyond that. If a project ends early, “paid in full” in Section 6 means all amounts due for the work performed through the end date; once those are paid, the license covers the work we delivered. Sections 3 and 6 through 13 survive the end of a project.

13. General

  • Subcontractors. We may use subcontractors to perform the services. We remain responsible for their work.
  • Marketing. We will not name you or describe your project publicly without your written permission.
  • Notices. Any notice or approval under these Terms may be given by email, to us at the address on the SOW and to you at the address on the SOW or invoice.
  • Force majeure. Neither party is responsible for delay caused by events beyond its reasonable control, except payment obligations.
  • Governing law and disputes. These Terms are governed by Massachusetts law. The parties will first attempt in good faith to resolve any dispute by direct negotiation. Any dispute not resolved within 30 days may be brought only in the state or federal courts located in Massachusetts, and the prevailing party may recover reasonable attorneys’ fees and costs. Each party consents to personal jurisdiction and venue in those courts.
  • Severability; waiver. If a provision is unenforceable, the rest remain in effect. A waiver must be in writing and applies only to the instance waived.
  • Updates to these Terms. We may publish new versions. A new version applies only to SOWs accepted after it is published; each published version stays available at an archived URL.