It is our privilege and duty to serve you, our client. The sole intent of this document is to ensure we will have a good experience together.
ROLES AND RESPONSIBILITIES
This Website Design & Development, Website Hosting, Logo Design and Website Maintenance agreement is 1.) effective the date you the client, purchases any package off of oneweekwebsite.com or any custom package (via an estimate or invoice) not on oneweekwebsite.com and 2.) between One Week Website, LLC (the “developer,” the “host,” the “provider”) and the client (the “individual,” the “corporation,” “the company,” or the “partnership.”)
WEBSITE DESIGN AND DEVELOPMENT SCOPE
One Week Website and One Month Website website design and development packages (on oneweekwebsite.com or any custom package (via an estimate or invoice)) provides upfront pricing for a brand new website intended to be delivered in one week or one month (the performance period) after a client provides all the necessary content including but not limited to text, pictures, logo, and everything referred to in the content gathering process a client receives after paying the agreed upon nonrefundable down payment. After a client pays the 50% nonrefundable downpayment for the one week website package of choice, in most cases (unless One Week Website is providing content for the client – referred to in the second paragraph) One Week Website will send an email to the client which will contain a link to a process One Week Website uses to help the client easily submit content (text for pages, logo, pictures, etc.) for their brand new website. One Week Website refers to this process as guided content creation via “smart forms” due to the marketing intelligence that has been put into the forms. The intent of these forms is to make the content submission process fast, easy, and fun for the client. After answering the content questions, One Week Website will proceed to build the website for the client. We will provide one hour of revisions after building the website for any commentary on what the client would like to change and this is included in the price. Any other feedback/review sessions will be billed as needed at a minimum of $199 per hour. After the website is completed, the client owes One Week Website the remaining agreed upon payments before we launch the new website. We do not do net 30 or net 60 terms. If a client does not pay their remaining payments, then One Week Website holds the right to keep the website work performed until the client pays. If a client prefers One Week Website design/develop within a client’s hosting/WordPress session, then One Week Website requires 100% of the job to be paid upfront before any works begins.
In the case where One Week Website provides content writing and/or logo development, One Week Website will create logo’s and content writing before the website is designed and developed in one week. In these cases, One Week Website will split up job into 3 phases. Here are the 3 phases and the nonrefundable payments that are required and the timeline for each nonrefundable payment – assumes a $10,000 quote:
- Content/Logo – 40% nonrefundable payment required before we begin content writing/logo development (so in this case 40% of $10,000 is $4,000). Client must approve content & logo at a minimum through e-mail.
- One Week Website design/development – 40% nonrefundable payment required before we work on website design and development (so in this case 40% of $10,000 is $4,000). Client must approve web design and development at a minimum through email.
- Final Website payment – Final 20% nonrefundable payment required before we launch final website or 30 days after the first downpayment is received, whichever is soonest. Monthly maintenance must also be settled before website launch or 30 days after the first downpayment is received, whichever is soonest. Either a credit card is needed from client for automatic monthly withdrawals or a monthly invoice can be sent.
WEBSITE DESIGN AND DEVELOPMENT TIMELINES
One Week and One Month websites are intended to be built and completed in one week and one month respectively. Some clients will need to submit content and some will not. If a client books their week and needs to submit content to One Week Website via the process referred to above in the scope, the content needs to be submitted to One Week Website by the client three days before the build week or One Week Website has the right to move out the build week or cancel the job.
If a client who books their week and needs to submit content to One Week Website does not provide content three days before the agreed upon build week, then it is understood that the one week timeline may or may not be met. One Week Website is happy to work with clients as events arise to help provide alternatives including gathering content before booking a one week website session, speaking with the client about the content submission process, or even hiring One Week Website to create content for the client.
CLIENT PAYMENT DELAYS
We will provide a 3 day grace period for any late payments. After 3 days of being late, the client will be charged a 5% daily late fee until payments are current. The 5% charge will derive from the subscription or the current payment stage total. For example, if a client is late on a $100/month subscription, then we will provide a 3 day grace period but on day 4 the client will be charged $5/per day until the payment is current. If it’s a $10,000 total proposal and a client is late on payment 2 which is 40% down or $4,000, then a client will owe $200 per day starting on the 4th day the client is late.
18 MONTH SUBSCRIPTION PLANS
One Week Website sells 4 web design and development subscription plans aimed at helping small businesses pay in 18 small payments versus 1 large payment: One Week Website and 3 One Month Website packages. When a customer signs up for the 18-month contract, then all 18 payments must be fulfilled before a customer fully owns their website. One Week Website reserves the right take down the website until all 18 payments have been fulfilled. Any delays in payment are subject to the previous section “Client Payment Delays.” Once customer fulfills the 18 payments, then the client fully owns their website and can either sign up for one of our renewal packages or we are happy to transfer their website to WPEngine per the “Termination of Relationship” below. All maintenance/hosting plan items in these plans follow the maintenance and hosting sections below
MAINTENANCE PACKAGES SCOPE
Maintenance packages and 18-month website packages with maintenance will renew automatically on a month to month basis. The client is welcome to cancel at any time.
THE PROVIDER AGREES TO DO EACH OF THE FOLLOWING:
- Monitor the overall performance of the Website for functionality, and maintain the Website.
- Host the website if client purchases a maintenance package with hosting included
- Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.
- Perform the Services in a workmanlike manner and with professional diligence and skill, using fully-trained, skilled, competent, and experienced personnel.
- Take every step to ensure the Website remains functional and operating.
- Maintain password secrecy and notify the Company immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised.
THE CLIENT AGREE TO DO THE FOLLOWING:
- Monitor the content of the Website for items that need to be corrected or updated and provide such updates or corrections to the Provider.
- Maintain password secrecy and notify the Provider immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised.
WEBSITE PROBLEMS: SECURITY
The Provider must use commercially reasonable efforts to minimize disruption of the Website and to schedule Website maintenance.
IN THE EVENT OF A PROBLEM WITH THE WEBSITE, THE PROVIDER AGREES TO PROVIDE THE FOLLOWING LEVELS OF SUPPORT:
- URGENT PROBLEM. IF THE WEBSITE SUFFERS FROM AN URGENT PROBLEM, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE BECOMING UNUSABLE, THE PROVIDER UNDERSTANDS THAT TIME IS OF THE ESSENCE AND WILL USE BEST EFFORTS TO CORRECT THE PROBLEM AS SOON AS POSSIBLE. THE PROVIDER WILL CONTINUE TO UPDATE THE COMPANY OF THE STATUS OF THE PROBLEM UNTIL THE PROBLEM IS RESOLVED, AT WHICH TIME, THE PROVIDER WILL IMMEDIATELY NOTIFY THE COMPANY THAT THE PROBLEM HAS BEEN CORRECTED.
IF THE PROVIDER BECOMES AWARE OF AN URGENT PROBLEM BEFORE THE COMPANY BECOMES AWARE OF IT, THE PROVIDER WILL IMMEDIATELY NOTIFY THE COMPANY OF SUCH PROBLEM.
- Non-Urgent Problem. If the Website suffers from a non-urgent problem, the Provider understands that time is of the essence and will use best efforts to correct the problem as soon as possible. The Provider will continue to update the Company of the status of the problem until the problem is resolved, at which time, the Provider will promptly notify the Company during normal business hours that the problem has been corrected.
IF THE PROVIDER BECOMES AWARE OF A NON-URGENT PROBLEM BEFORE THE COMPANY BECOMES AWARE OF IT, THE PROVIDER WILL PROMPTLY NOTIFY THE COMPANY DURING NORMAL BUSINESS HOURS OF SUCH PROBLEM.
- Website Back-up. The Provider must back-up the Website as set forth in our maintenance packages.
- Security. The Provider must take commercially reasonable steps to prevent unauthorized access to the Website and any of the Company’s Confidential Information, including, but not limited to, any data collected on the Website. One Week Website provides SSL certificates with all of our maintenance packages except for the basic maintenance package.
- Procedure for Request. The Company must submit all requests for maintenance (each, a “Company Maintenance Request”) to the Provider via [email or phone]. A Company Maintenance Request must (i) provide the Provider with clear and specific instructions, (ii) be reasonable in nature, and (iii) be within the scope of the Services. All materials transferred to the Provider in connection with a Company Maintenance Request must be in acceptable format, which shall be limited to the following: [list acceptable formats here (e.g., email, PDF, CD, jpg, etc. for attachments, graphics, etc.)]
- Review and Inspection. The Provider will promptly notify the Company when the work required under a Company Maintenance Request is complete so that the Company can review and inspect such work to ensure its accuracy. The Company will notify the Provider of any errors, omissions, and other issues via email or telephone as soon as practicable following discovery. The Provider will use best efforts to resolve any such errors, omissions, and issues as quickly as possible.
- For clients purchasing Premium maintenance or the 18 month website subscription packages, any support request that takes 30 minutes or less* is free as long as client pays the monthly rate for Premium maintenance.
HOSTING SERVICE LEVELS
The Host must use commercially reasonable efforts to insure that the Website is available on the Web except during scheduled maintenance as set forth on WPEngine.com which One Week Website uses as the hosting platform of choice.
- Unforeseen Hosting Disruptions. The Host shall inform the Company immediately of any unforeseen disruption of the Services arising from causes that are beyond the Host’s control, including, but not limited to, actions or failures of third parties, and of any remedial actions being taken to minimize the effects and length of any such disruption. The Host will not be liable for damages to the Company resulting from the disruption of the Services that are beyond its reasonable control.
Jurisdiction for One Week Website is in Atlanta, Georgia. If something ever goes wrong we will notify you by email or phone call.
Both parties (One Week Website and the client) agree that this contract will not be construed against either party. Any ambiguity is not being held against one party over the other. Total liability of the website, hosting, or maintenance package purchased cannot exceed the total cost of the package.
OPEN SOURCE TOOLS
One Week Website builds most of its websites using WordPress (which is an open source tool) and other website building tools. Over 25% of the world’s websites are powered by WordPress so One Week Website is completely confident in the tools being used although One Week Website does not manufacture or control these tools. The client is electing to use an open source software to support his or her website.
One Week Website agrees, during the Term and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the client, or to disclose to any person, firm, or corporation without the prior written authorization of the client, any Confidential Information of the client. “Confidential Information” means any of the client’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to One Week Website by the client either directly or indirectly. One Week Website may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with client personnel or authorized representatives or for any other purpose the client may hereafter authorize in writing.
- No Intellectual Property Infringement by Developer/Provider/Host. The Developer/Provider/Host hereby represents and warrants that the use and proposed use of the Website by the Company or any third party does not and shall not infringe, and the Developer/Provider/Host has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Website, and the use of the Website will not include any activity that may constitute “passing off.” To the extent the Website infringes on the rights of any such third party, the Developer/Provider/Host shall obtain a license or consent from such third party permitting the use of the Website.
- No Intellectual Property Infringement by Company. The Company represents to the Developer/Provider/Host and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer/Provider/Host for inclusion in the Website are owned by the Company, or that the Company has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend the Developer/Provider/Host and its subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Company.
- Continuing Ownership of Existing Trademarks. The Developer/Provider/Host recognizes the Company’s right, title, and interest in and to all service marks, trademarks, and trade names used by the Company and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair the Company’s right, title, and interest therein, nor shall the Developer/Provider/Host cause diminishment of value of said trademarks or trade names through any act or representation. The Developer/Provider/Host shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.
The Developer/Provider/Host may include a byline and link on the bottom of the Website establishing authorship credit. This byline is upon agreement by both the Company and the Developer/Provider/Host and must be removed at any time upon written request by [the Developer] [the Company] [either Party].
Of Company by Developer/Provider/Host. The Developer/Provider/Host shall indemnify and hold harmless the Company and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors, and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and disbursements (collectively, the “Claims”) that any of them may suffer from or incur and that arise or result primarily from
- (i) any gross negligence or willful misconduct of the Developer/Provider/Host arising from or connected with the Developer’s/Provider’s/Host’s carrying out of its duties under this Agreement, or
- (ii) the Developer’s/Provider’s/Host’s breach of any of its obligations, agreements, or duties under this Agreement.
Of Developer/Provider/Host by Company. The Company shall indemnify and hold harmless the Developer/Provider/Host from and against all Claims that it may suffer from or incur and that arise or result primarily from
- (i) its hosting or usage of the Company’s Website in connection with the carrying out of its duties under this Agreement or
- (ii) the Company’s breach of any of its obligations, agreements, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the Developer/Provider/Host.
TERMINATION OF RELATIONSHIP
If One Week Website or the client would like to move their website, then there are two options, both of which include a one time $350 transfer fee:
Client must create a WPEngine account with the link provided by One Week Website
- One Week Website will transfer install to client’s WPEngine account
- One Week Website will reconfigure DNS (client needs to provide registrar name and password and hosting name and password)
- Anything beyond 1 hour is $199 per hour
Move to a hosting provider of customer’s choice
- One Week Website will transfer install to client’s hosting provider of choice
- One Week Website will reconfigure DNS (client needs to provide registrar name and password and hosting name and password)
Once this move happens, One Week Website is no longer responsible for the speed, security, hosting, maintenance, et all of the website. Essentially, anything related to hosting and maintenance of the site One Week Website cannot be held responsible for.