Nashville Web Design .BIZ

Terms & Conditions for Website Svcs.

Your audience is out there - Nashville Web Design .BIZ is here to help you reach them!

Terms And Conditions and GENERAL SERVICE AGREEMENT between Nashville Web Design .BIZ and clients agreeing to our services and deliverables below:

BACKGROUND: 

A. The Client is of the opinion that the Contractor has the necessary  qualifications, experience and abilities to provide services to the Client. 

B. The Contractor is agreeable to providing such services to the Client on the  terms and conditions set out in this Agreement. 

 

IN CONSIDERATION OF the matters described above and of the mutual benefits  and obligations set forth in this Agreement, the receipt and sufficiency of which  consideration is hereby acknowledged, the Client and the Contractor (individually  the “Party” and collectively the “Parties” to this Agreement) agree as follows: 

 

Services Provided 

1. The Client hereby agrees to engage the Contractor to provide the Client with  services (the “Services”) consisting of: 

Scope of Work: 

  • Website development of pages listed. 

  • Coordination of External CMS Hosting services, renewable annually to the CMS provider directly, or via Nashville Web Design .BIZ team and services, with 20% administration fee. 

  • Coordination of External CMS domain services, renewable annually to the CMS provider directly, or via Nashville Web Design .BIZ team and services, with 20% administration fee.

  • External dev server Hosting during development.

  • Development does not include specialized programming nor external outsourcing when applicable, and may incur additional costs.

 

Website Development Planning and Pricing Agreement to be stated and agreed to in the following example manner:

 

HOME

DATES  (3-page portal: input, Calendar display, Event display)

ABOUT

ARTISTS  (3-page portal: McGraw, Toby, Kid Rock)

GALLERY

NEWS

SHOP (3-page portal: input, store display, item display)

BLOG (3-page portal: input, blog display, article display)

SPONSORS

PRODUCTION (3-page portal: Outbound, Input, Event Display)

Other pages included as applicable. 

 

2.  The Services will also include any other tasks which the Parties may agree on.  The Contractor hereby agrees to provide such Services to the Client. 

Term of Agreement 

 

3.  The term of this Agreement (the “Term”) will begin on the date of  Agreement and will remain in full force and effect indefinitely until terminated as  provided in this Agreement or completion of invoice agreement and deliverables. 

 

4.  In the event that either Party wishes to terminate this Agreement, that Party will  be required to provide at least 30 days' notice to the other Party. 

 

5.  In the event that either Party breaches a material provision under this  Agreement, the non-defaulting Party may terminate this Agreement and require the  defaulting Party to indemnify the non-defaulting Party against all reasonable  damages.  

 

6.  This Agreement may be terminated at any time by mutual agreement of the  Parties. 

 

7.  Except as otherwise provided in this Agreement, the obligations of the  Contractor will end upon the termination of this Agreement. 

Performance 

 

8.  The Parties agree to do everything necessary to ensure that the terms of this  Agreement take effect. 

Currency

 

9.  Except as otherwise provided in this Agreement, all monetary amounts referred  to in this Agreement are in US Dollars. 

Compensation 

 

10.  Pricing compensation to be noted in the Invoicing Agreement. Client to advise on option acceptance for scheduled remittance. For the services rendered by the Contractor as required by this and/or Invoice Agreement, the  Client will provide compensation (the “Compensation”) to the Contractor via payment term options as follows:


 

RUSH - Payment in Full Up Front + 21% RUSH fee moves client project to TOP priority for development completion in the workload cue with guaranteed development attention forgoing additional projects within the cue at priority levels below (Complete, 50/50, 750, 400).

a. Contractor Attempts 2 to 4 week delivery once all content is produced, provided and available for appropriate Website applications. 

b. Ensures full attention over following payment plans.

c. rush fees can be outbid for higher priorities in the cue, overriding lower priority rush fees.

 

Complete - Payment in Full Up Front – Provides added priority for completion against other projects in the workload cue. 

a. Contractor Attempts 4 to 6 week delivery once all content is produced, provided and available. 

 

50/50 – 50% invoice due at contract. Remaining balance due to Launch.

a. Contractor Attempts 4 to 6 week delivery once all content is produced, provided and available. 

b. Once development is completed, the remaining balance will be due immediately prior to launch. 

c. If after the website is completed and ready for launch but the client denies immediate remittance of the remaining invoice obligation, and/or client without agreement ceases forward progress and provisions thereby ceasing website development by no choice of the contractor, a 5% weekly interest of total invoice will be incurred. 

 

750 – If client is unable to meet the above terms, the Client has the option to pay $750 down payment to begin work, and $750 bi weekly payments to continue work through development completion. 

a. 7% Deposit fee incurred at contract.

b. Attempts 4 to 6 week delivery once all content is produced, provided and available. 

c. Development schedule subject to workload demands of clients enrolled in preceding payment plans.

d. Once development is completed, the remaining balance will be due immediately prior to launch. 

e. If after the website is completed and ready for launch but the client denies immediate remittance of the remaining invoice obligation, and/or client without agreement ceases forward progress and provisions thereby ceasing website development by no choice of the contractor, a 5% weekly interest of total invoice will be incurred. 

 

400 – If the client is unable to meet the above terms, the Client has the option to pay $400 down payment to begin work, and $400 weekly payments to continue work through development completion.

a. 15% Deposit fee incurred at contract.

b. No guarantees on Development schedule. 

c. Development schedule subject to workload demands of clients enrolled in preceding payment plans.

d. Once development is completed, the remaining balance will be due immediately prior to launch. 

e. If after the website is completed and ready for launch but the client denies immediate remittance of the remaining invoice obligation, and/or client without agreement ceases forward progress and provisions thereby ceasing website development by no choice of the contractor, a 5% weekly interest of total invoice will be incurred. 
 

FOR ALL PAYMENT PLANS: 

a. Once development is completed, the remaining balance will be due immediately prior to launch. 

b. If after the website is completed and ready for launch but the client denies immediate remittance of the remaining invoice obligation, and/or client without agreement ceases forward progress and provisions thereby ceasing website development by no choice of the contractor, a 5% weekly interest of total invoice will be incurred. 

Balance Reduction Incentive: Successful Referrals. 

For every new customer referral, Once their payment is received in full, Contractor will  reduce client balance by 5% of the net sales from each referral customer account: Examples:  

Refer a $5000 net sale website = 5% reduction from existing balance. Contractor to  apply $250 credit to existing client balance. 

Refer a $7500 net sale website = 5% reduction from existing balance. Contractor to  apply $375 credit to existing client balance. 

Refer a $10,000 net sale website = 5% reduction from existing balance. Contractor to apply $500 credit to existing client balance. 

* credits may be applicable past full payment 

PROJECT COMPLETION: Subject to payment plans above and workflow priorities therein, Nashville Web Design .BIZ standard protocol provides that once all content is available (whether produced or provided), please allow 4 to 6 weeks for typical website development and delivery for internet portal. Custom coding and special conditions may take longer.

 

CONTENT: Assets may be required specific to your website, to build the website that fits you and your endeavors. Asset requests will be sent early in the development process in hopes of a return in a timely manner. Should the website completion take place with placeholders, and more than the 4 to 6 week delivery time elapses due to customer content requests, or any other obstacles to prevent completion, beyond the control of Nashville Web Design .BIZ, additional charges may be incurred.

 

REVISIONS: During development, up to 3 revisions are allowed per item. Should repeated item revisions continue beyond three occurrences, additional development charges will be incurred at $45/hr. Once the site is launched, 2 full-list revisions will be available.  additional charges will be incurred at $45/hr. Should repeated revisions continue beyond two occurrences, additional development charges will be incurred at $60/hr.

 

11.  The above Compensation may/may not include all applicable sales tax, and  duties as required by law.  Final invoicing will conclude the website building  service and close the account for services above. Support plans are available for  follow up services on a variety of levels of budget allowance and related services.  Please contact info@nashvillewebdesign.biz for maintenance plans available. 

Reimbursement of Expenses 

 

12.  The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services hereunder.

 

13.  The Contractor will furnish vouchers to the Client for all such expenses. 

Additional Resources 

 

14.  The Client agrees to provide and/or produce as applicable, for the use of the Contractor in providing the Services, the following resources: 

Website Content including but not limited to:  

- Keywords (what would someone type in Google to find your website? What would  someone type in Google to find the goods and information on your website?) 

- Logos and/or any graphic backgrounds, features, branding or elements to be  included 

- Photos for website content - original Hi-Rez files recommended 

- Videos for website content - original files recommended 

- Audio files 

- Social Links 

- Copywriting

- Public Contact Information 

- Existing Hosting/Domain Access Credentials when pushing live to Client-owned  domain.

Custom Content Creation services including but no limited to Audio, Video, Graphics, Copywriting, and marketing content services are also available to help produce specific content to each website development. 

 

Confidentiality 

15.  Confidential information (the “Confidential Information”) refers to any data or  information relating to the Client, whether business or personal, which would  reasonably be considered to be private or proprietary to the Client and that is not  generally known and where the release of that Confidential Information could  reasonably be expected to cause harm to the Client. 

 

16.  The Contractor agrees that it will not disclose, divulge, reveal, report or use, for  any purpose, any Confidential Information which the Contractor has obtained,  except as authorized by the Client. This obligation will survive the expiration or  termination of this Agreement and will continue for one (1) year from the date of  such expiration or termination. 

 

17.  All written and oral information and materials disclosed or provided by the  Client to the Contractor under this Agreement is Confidential Information  regardless of whether it was provided before or after the date of this Agreement or  how it was provided to the Contractor. 

Ownership of Materials and Intellectual Property 

 

18.  All intellectual property and related materials (the “Intellectual Property”)  including any related work in progress that is developed or produced under this  Agreement, will be the property of the Contractor. The Client is granted a non exclusive limited-use license of this Intellectual Property.  

 

19.  Title, copyright, intellectual property rights and distribution rights of the 

Intellectual Property remain exclusively with the Contractor.  

Return of Property 

 

20.  Upon the expiry or termination of this Agreement, the Contractor will return to  the Client any property, documentation, records, or Confidential Information which  is the property of the Client. 

Capacity/Independent Contractor 

 

21.  In providing the Services under this Agreement it is expressly agreed that the  Contractor is acting as an independent contractor and not as an employee. The  Contractor and the Client acknowledge that this Agreement does not create a  partnership or joint venture between them, and is exclusively a contract for service. 

Notice 

 

22.  All notices, requests, demands or other communications required or permitted  by the terms of this Agreement will be given in writing and delivered to the Parties  of this Agreement.

Indemnification 

 

23.  Except to the extent paid in settlement from any applicable insurance policies,  and to the extent permitted by applicable law, each Party agrees to indemnify and  hold harmless the other Party, and its respective affiliates, officers, agents,  employees, and permitted successors and assigns against any and all claims, losses,  damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees  and costs of any kind or amount whatsoever, which result from or arise out of any  act or omission of the indemnifying party, its respective affiliates, officers, agents,  employees, and permitted successors and assigns that occurs in connection with  this Agreement. This indemnification will survive the termination of this  Agreement. 

Legal Expenses 

 

24.  In the event that legal action is brought to enforce or interpret any term of this  Agreement, the prevailing Party will be entitled to recover, in addition to any other  damages or award, all reasonable legal costs and fees associated with the action. 

Modification of Agreement

 

25.  Any amendment or modification of this Agreement or additional obligation  assumed by either Party in connection with this Agreement will only be binding if  evidenced in writing signed by each Party or an authorized representative of each  Party. 

Time of the Essence 

26.  Time is of the essence in this Agreement. No extension or variation of this  Agreement will operate as a waiver of this provision. 

Assignment 

 

27.  The Contractor will not voluntarily, or by operation of law, assign or otherwise  transfer its obligations under this Agreement without the prior written consent of  the Client. 

Entire Agreement 

 

28.  It is agreed that there is no representation, warranty, collateral agreement or  condition affecting this Agreement except as expressly provided in this Agreement. 

Enurement 

 

29.  This Agreement will enure to the benefit of and be binding on the Parties and  their respective heirs, executors, administrators, successors and permitted assigns. 

Titles/Headings 

 

30.  Headings are inserted for the convenience of the Parties only and are not to be  considered when interpreting this Agreement. 

Gender 

 

31.  Words in the singular mean and include the plural and vice versa. Words in the  masculine mean and include the feminine and vice versa. 

Governing Law 

 

32.  It is the intention of the Parties to this Agreement that this Agreement and the  performance under this Agreement, and all suits and special proceedings under this  Agreement, be construed in accordance with and governed, to the exclusion of the  law of any other forum, by the laws of Tennessee, without regard to the jurisdiction  in which any action or special proceeding may be instituted. 

Severability 

 

33.  In the event that any of the provisions of this Agreement are held to be invalid  or unenforceable in whole or in part, all other provisions will nevertheless continue  to be valid and enforceable with the invalid or unenforceable parts severed from  the remainder of this Agreement.

 

Waiver 

34.  The waiver by either Party of a breach, default, delay or omission of any of the  provisions of this Agreement by the other Party will not be construed as a waiver of  any subsequent breach of the same or other provisions. 

 

  • Nashville web design .biz contact
Celebrate Successfully!!  
...Your Talent, Your Business, Your Brand
TM
  • Nashville Web Design .BIZ on Faceboo
  • Nashville Web Design .BIZ on Linked
  • Nashville Web Design .BIZ on Google
  • Nashville Web Design .BIZ on Instagr