WEBSITE DESIGN AGREEMENT
Payments will be due on the following phases and schedule:
- 50% before commencement of project (commencement of project is determined by when deposit is given, full content is provided, website agreement is signed and credit card authorization is completed).
- 25% due 6 weeks later or at beta (whichever occurs first)
- 25% due 4 weeks after beta or when site is approved and before it goes live (whichever occurs first)
Client agrees and authorizes BLEND Marketing Group to automatically withdraw the payments due utilizing Client’s credit card on file for the amount due for each phase per the Proposal. A credit card authorization form has been completed in agreeance with the above.
Client understands that failure to collect installment due will delay in the completion of the site.
Some clients will desire to independently edit or update their web pages after completion of the site. Note however, Developer is not responsible for any damage created by the Client or agent of the Client. Any repairs required will be assessed at an hourly rate of $100.00 (1 hour minimum charge).
- Do not change the log-in information unless you notify us on the change.
- Do not post any illegal products, pornography, violence.
TERMS + CONDITIONS
- Purpose and Authorization: The Client is engaging Blend Marketing Group, for the purpose of developing and/or improving a website to be installed on the Client’s web space on a web hosting service’s computer. The Client authorizes Blend Marketing Group to access this account, and authorizes the web hosting service to provide Blend Marketing Group with “write permission” for the Client’s web space.
- Website Content: The Client agrees to provide Blend Marketing Group ALL content for the website such as text, images, video and sound in an electronic format. Client understands that Blend Marketing Group may choose not to begin the customization of the website until all content is received. If the Client does not supply Blend Marketing Group complete text and graphics content for all web pages contracted for by the Completion Date as listed on this Agreement, the entire amount of the Agreement becomes due and payable.
- Designated Client Representative: To ensure effective communication and an efficient design process between the Client and Blend Marketing Group,, the Client agrees to designate a single representative to work directly with Blend Marketing Group. The representative will ensure ALL content has reached final approval within their organization before submitting the finalized content to Blend Marketing Group.
- Web Hosting: The Client understands that they will be required to obtain web hosting services through a separate contract with a web hosting service. The Client agrees to select a web hosting service which allows Blend Marketing Group full access to the website. The Client understands that certain features may need to be activated and/or purchased from the web hosting service in order for the web site to function properly. Blend Marketing Group will work with the Client to ensure the correct hosting features are installed on the hosting server. If needed, Blend Marketing Group can also provide a list of web host providers who support the technology required for the Client’s website.
- Website Maintenance: The Client understands that once the website is completed and installed to the Client’s web space the Client takes on the responsibility of maintaining all aspects of the site, such as text, images, video and sound files. Blend Marketing Group will provide instructions on how to maintain the site. Blend Marketing Group will make changes to the site per the Client’s request which will be billed at Blend Marketing Group’s hourly rate.
- Assignment of Project: Blend Marketing Group reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on‐time completion.
- Warrants: Blend Marketing Group does not warrant that the functions contained in the website will be uninterrupted or error‐free, or free of potential internet threats. In no event will Blend Marketing Group be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Copyrights and Trademarks: The Client represents to Blend Marketing Group and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Blend Marketing Group for inclusion in web pages 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, and defend Blend Marketing Group and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
- 3rd Party: Blend Marketing Group through an agreement has been provided the use of a 3rd party website template. The template may be used by Blend Marketing Group to build a website for the Client. These templates are owned by the 3rd party provider and the Client agrees they may not offer them for redistribution or resale.
- Intellectual Property Rights: Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, source files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Blend Marketing Group and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
- Timing and Payments: Provider will prioritize performance of the services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the services within the time(s) identified in the proposal. Client agrees to review deliverables within the time identified for such reviews and to promptly either, (i) approve the deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the client’s concerns, objections or corrections to Provider. Provider shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Provider’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or changes in the services or deliverables requested by Client may delay delivery of the deliverables. Thus, Client agrees that any delays in Provider receiving content will result in a delay of project completion and a new completion date will have to be mutually agreed upon. Any such delay caused by Client shall not constitute a breach of any term, condition or Provider’s obligations under this Agreement.Client agrees to the specified timeline and payment terms. Payments will be due regardless of completion in phase.
- Cancellations and Delays: If the Client halts work and applies for a cancellation within 30 days of the commencement of website, The Client will be provided with a final billing within 10 day of the cancellation. Any work completed up to the cancellation date will be billed to the Client. The Client is responsible to pay for any work completed which is not covered by the initial deposit. Initial deposits are non-refundable. Furthermore, client agrees that delaying a project for more than 6 months between phases, including not providing revisions, content requested, images, or other resources required for completion will result in a fee equal to 20% of the gross cost of the website design in order to restart work on the website.
- Linkbacks: Website work or design will have a 6 point font of “Website Design by BLEND Marketing Group” on the copyright line, which links to www.blendmarketinggroup.com. Link backs can be discretely displayed or fully removed for an additional fee.
- Confidentiality: The client shall inform the designer in writing (such as a Non-disclosure, etc.) before all work on the project is initiated if any part of the material, strategy, or information provided by the client or any port of the project is confidential.