WEBSITE DEVELOPMENT CONTRACT
Name of owner, organization and/or business ("Client") is hiring Louis Web Designs, ('Louis Web"), ("Louis Moore Agency") ('Website Developer") and its subsidiaries (known as "Electronic Shopping Revolution LLC") to perform the service of website design and development work. The following sets forth the agreement between these two parties and binds them both.
Description of the Services:
You want a website and We can’t wait to build it for You. We will provide You with the following services (“Services”) in a timely and professional manner.
Scope of Work/Project
Web Developer will do the following for Client (the "Scope of Work"):
- Develpment: Develop a new web site for client based on client’s questionnaire and/or consultation.
- Expert Guidance: Consult with web developer for technical assistance, design, development and overall functionality for the new website (“project”).
- Visuals: Create a unique look and feel that reflects the clients brand.
- Structure: Map out the structure, pages, navigation and sitemap of the new website.
- Photography: Select/upload professional photos to best represent your brand.
- Domain: Set up custom domain through squarespace business plan.
- Social Media: Add social media links: Facebook, Instagram, etc.
Louis Web Designs would be responsible for all aspects of development of clients website. The client, business or organization would be responsible for any additional changes outside of this contract. The client, business or organization would also be responsible for the site hosting, annual subscription paid to hosting company (WordPress, Squarespace, Shopify, Host Gator or GoDaddy).
Web Developer may decline, or charge additionally for, work that Web Developer reasonably deems to be beyond this scope of work.
The final deadline for completing the work is specified in the client questionnaire or via email.
Ownership of the Work
The Web Developer hereby assigns to Client all rights, intellectual property, title and interest in the work produced or developed under this agreement, including all patent, trade secret and trademark rights, and copyrights. This assignment is conditioned on the Web Developer being paid the full amount owed under this agreement.
Cost & Payment
Total Cost of the Services:
$1,500.00
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First Payment
Amount Due at Signing or by 10/30/2019:
$500
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Second Payment
Amount Due by 11/30/2019:
$500
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Third Payment
Amount Due by 12/30/2019:
$500
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Total Amount Due at Completion
$1,5000
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Payment(s)
Client will pay Web Developer the amount specified on this page (either full amount or broken down installments fees), which includes up to 2 rounds of revisions, provided that such revisions do not exceed the Scope of Work above. Louis Web Designs reserves the right to make any additional revisions if deemed necessary outside of this contract.
The following term applies
Client agrees to reimburse Web Developer reasonable expenses with prior approval. Upon completion of the work, Web Developer will invoice Client for any amount due. Payment is due on the invoice date, or as specified in the invoice.
Any amount not received by its due date will collect interest at 1.5% per month, or the legally allowable maximum if this amount exceeds it.
Time
We get to work on the agreed upon date and continue until the satisfactory completion of the Services. This means that We won’t throw the towel in until the website We develop for You is performing exactly as agreed to.
Here is the schedule We will follow:
Completion:
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Jan/1/2020***
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Confidential Information
Any information supplied by one party to the other marked as "Confidential" must be used only for the purposes of this agreement and must not be disclosed to other parties without the discloser's written consent. This does not apply to information that is publicly available or that the recipient already properly knew, developed or received independently. When the agreement terminates, Web Developer must return to Client any materials containing confidential information. Confidentiality obligations survive termination of this agreement.
Independent Contractor Relationship
Web Developer is doing business under the legal name Electronic Shopping Revolution LLC (Trade Mark/DBA: Louis Web, Louis Web Designs, Louis Moore Agency) and is not an employee or partner of Client, nor responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.
Limited Warranty
WEB DEVELOPER WARRANTS THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS THE WEB DEVELOPER FROM ENTERING INTO THIS AGREEMENT, AND THAT TO WEB DEVELOPER'S KNOWLEDGE, WORK PRODUCED UNDER THIS AGREEMENT WILL NOT VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Limitation of Liability
UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF
EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT
OF WEB DEVELOPER'S TOTAL FEES UNDER THIS AGREEMENT.
Termination
If the client materially breaches this agreement, the non-breaching party may terminate the agreement by providing written notice or via email of the breach to the breaching party. The breaching party shall have 5 days to cure the breach after receiving such notice. If the breaching party fails to cure the breach in that time, the agreement shall terminate except with respect to those obligations that are noted herein as surviving termination. If the agreement terminates for any reason other than a material uncured breach by Web Developer, then Web Developer is immediately entitled (the term below):
Liquidated damages in the amount of $600.00, which the parties agree represents fair compensation for the harm Web Developer would suffer from termination. The above payment obligation, and any payment obligations pending at termination, survive termination. Upon termination, any license Client has in the work is immediately revoked.
Miscellaneous
This agreement is between Client and Web Developer and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other. This is the parties' entire agreement on this matter, superseding all previous negotiations or agreements. It can only be changed by mutual written consent. The laws of the state of Maryland govern this agreement and any disputes arising from it must be handled exclusively in courts in that state. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys' fees.
Litigation
If litigation is necessary, this Agreement will be interpreted based on the laws of the State of [State], regardless of any conflict of law issues that may arises.
The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
Attorney’s Fees
The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
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Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
This agreement, physical or electronic, will have the same effect as signing an original.