The Client (hereinafter referred to as “Client”) is engaging Custom Web Design LLC as an independent contractor for the specific purpose of designing a Website, herein after referred to as “Web Design Project”, to be published on the Client’s or Custom Web Design LLC’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as “Hosting Service”.. The Client hereby authorizes Custom Web Design LLC to access this account, and authorizes the Hosting Service to provide Custom Web Design LLC and its owner, Chris Morelock, with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement/level. The Client also authorizes Custom Web Design LLC to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using Adobe Dreamweaver and/or WordPress. Custom Web Design LLCs reserves the right to use themes or templates if the job permits. After Custom Web Design LLC shows the initial website build to the client for revisions, the client is allowed no more than 8 hours of revisions. If the client exceeds these 8 hours, they must purchase additional support hours. For a detailed explanation of “Service Hours”, see section 5 of this contract.
3. Assignment of Web Design Project.
Custom Web Design LLC reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Chris Morelock and/or Custom Web Design LLC for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Chris Morelock and Custom Web Design LLC and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
NOTE: Client owns the website and data once complete. In the event that Client would like to stop doing business with Custom Web Design LLC, they may request the website file be delivered to them. Custom Web Design LLC can move the website to another hosting company for the client for an additional fee.
5. Web Site Maintenance.
Once the website is complete, Custom Web Design LLC will ensure that the code and plugins are updated at least once every month. After the first year, the client will have to pay a maintenance fee and renewal fee to cover domain name, hosting, SSL, and other website maintenance. Custom Web Design LLC is not responsible for any problems or possible “hacking” of website not hosted in Custom Web Design LLC’s hosting’s account. If client has chosen the Monthly billing option for their website, no yearly fees are due.
6. Completion Date.
Custom Web Design LLC and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Custom Web Design LLC with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount, if applicable of the agreement shall be retained by Custom Web Design LLC as liquidated damages and the contract shall become null and void, at Custom Web Design LLC’ option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement. Client is allowed up to 6 revisions per webpage before subject to additional fees.
7. Project Delivery.
The final web site design project will be published to the hosting service upon receipt of final payment.
8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Chris Morelock and Custom Web Design LLC and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
9. Web Design Project Copyright.
Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Custom Web Design LLC and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Custom Web Design LLC’s Web Site.
Payments must be made promptly based on the terms of this Web Site Design Project. Custom Web Design LLC reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. Any remaining balance is to be paid within 3 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by Custom Web Design LLC.
11. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this agreement and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Custom Web Design LLC agree that the services described in this contract, and the Package Price.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Custom Web Design LLC warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Chris Morelock and/or Custom Web Design LLC be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor’s computer or Internet software, even if Custom Web Design LLC has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between Custom Web Design LLC and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request or email.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
14. Logo Design
If Custom Web Design LLC designs a logo for the client, they may subcontract a designer. Custom Web Design LLC is not responsible and does not perform any trademark, copyright, or other legal services for logo. It is design only.
15. Refund and Cancelation Policy
There are no cancelation fees. If client decides that they do not want to use Custom Web Design LLC, monthly billing will be stopped at the next monthly cycle after Custom Web Design LLC is notified. Client must notify Custom Web Design LLC no less than 14 days before the next billing cycle if they would like to cancel. For yearly billing, client must notify Custom Web Design LLC before the expiration of their renewal date. No refunds will be given for “unused” time left in the renewal period. “Renewal” period is defined as the time between when a client purchases 1 year of hosting and support, and when it expires.”