WEBSITE DESIGN AGREEMENT
Project Description. Client wishes to hire Designer(s) 330Webs aka ProNerdz.com to create a Website. The specific requirements and the details as stated by Client are as follows:
Revisions. Client shall be entitled to five (5) revisions or ten (10) hours total; whichever comes first within the first 90 days of purchase, to be completed by Designer(s). Unless covered by a maintenance plan. Revision requests that exceed aforementioned number of requests and/or hours shall be chargeable at a rate of $99 per hour/page, paid at time of service.
Payment. The Parties agree to the following Payment and Payment Terms:
Total amount due at time of service. Please see invoice emailed.
Refunds. 30-day money back guarantee, subject to 20% design fee.
Web design. If client is not satisfied or changes their mind 100% refund may be provided for web design service. After 10 days, a convenience fee not to exceed 20% may be charged. After 30 days, no refund will be provided. Client owns website and design see #6.
Hosting. See Universal terms of service link below.
Maintenance Plan 360. Covers (See invoice): SSL encryption, Malware, Plugins, Broken code (PHP, CSS, HTML, HTML5) not caused by Client and/or affiliates of the Client’s in any capacity.
Plan begins once payment is made in full/first monthly. Plan includes 5 hours per month for maintenance requests by client or 60 per year. After pre-purchased hours are exhausted clients will be billed at $50 per hour for each additional hour. Hours for included services are not billable to client (see above for details).
NO ADDITIONAL FEES/RESTRICTIONS/OBLIGATIONS. Hosting, SSL and other services remain client responsibility.
You will receive a recurring statement that must be paid immediately, failure to make payment within 15 days of initial invoice will result in lapse and subject to reinstatement at Designer(s) discretion.
Confidentiality. During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer(s) in order for Designer(s) to complete the Website in its final form. Designer(s) will not share any of this proprietary information at any time, even after the Agreement is fulfilled. Designer(s) also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.
Ownership Rights. Client continues to own all proprietary information it shares with Designer(s) during the term of this Agreement for the purposes of the Project. Designer(s) has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, Client will own the final website design.
While Designer(s) will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Designer(s) continues to own all template designs it may have created prior to this Agreement. Designer(s) will further own any template designs it may create because of this Agreement.
Representations and Warranties.
Designer(s). Designer(s) represents and warrants that he/she has the right to enter into and perform this Agreement. Designer(s) further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer(s)’s knowledge. In the event that Designer(s) does not have these rights, Designer(s) will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Client. Client represents and warrants that is has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer(s) to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Designer(s) may experience or will take responsibility so that Designer(s) does not experience any damages.
Disclaimer of Warranties. Designer(s) shall create a Website for Client’s purposes and to Client’s specifications. DESIGNER(S) DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER(S) HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOSS BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
How to reach support.
The Parties agree to the terms and conditions set forth above as demonstrated by their submission.