TERMS OF AGREEMENT
The Essentials Website Package
Both The Client & Stephen A. Luchon/Pulse Sites.com Agrees to the following:
1. Set-up, Design and Maintain Your Website Package. This includes the following:
- Personal Site Set-up Service
- A Mobile Ready Website
- Free Updates For The Life Of The Website Subscription
2. Authorization. The above named client grants permission for Stephen A. Luchon to purchase and or transfer any/all domain names associated with this project as well as any/all hosting servers. The above named client also grants full permission to Stephen A. Luchon to upload and organize files to the purchased web server’s html directory via FTP.
3. Flat Rates. Work under this contract shall be billed at flat rate of $699.99 - see section 7). Any work that is not part of this contract will require a separate agreement and may be billed at an hourly rate of $60.00 ($30.00 per half hour).
4. Monthly Fee. Work under this agreement shall also be billed at a monthly rate of $15.99. At any time payment is halted for any reason, the website will be taken offline until full payment/s are made. The amount shall not change during the 6 month agreement, but is subject to change 6 months and 1 day after the agreement start date.
5. Completion . Stephen A. Luchon and the client must work together to complete the project in a timely fashion. We agree to work expeditiously, but keeping in mind a website is always a work in progress, and will always be upgraded and improved.
6. Site Maintenance and changes. Stephen A. Luchon agrees to error check and fix any issues caused do to an oversight or mistake on his end. At anytime there arises an issue Stephen A. Luchon agrees fix it if it’s within the agreed parameters of this agreement.
7. Payment of Fees and Expenses. $699.99 shall be remitted upon agreement to these conditions. All payments will be made by using our secure payment gateway through PayPal.
8. Performance Liability. In no event will Stephen A. Luchon 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 Web site. Any errors that arise after completion due to an oversight or mistake on the part of Stephen A. Luchon will be covered at no additional cost .
9. Copyrights and Trademarks. The client represents to Stephen A. Luchon and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Stephen A. Luchon 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 Stephen A. Luchon from any claim or suit arising from the use of such elements furnished by the client.
10. Copyright to Web Pages. Copyright to the finished assembled work of Web page, Rights to photos and graphics are temporarily owned by Stephen A. Luchon until Initial payment is made. After this time the finished assembled work will be the property of the client. Computer programs, website code and plugins are specifically not transferred to the client, and remain the property of their respective owners.
11. Payment Terms. It is imperative that payments be made promptly and as detailed in this web design contract. If a payment is missed the website will taken offline until it is made in full.
12. Sole Agreement. The agreement contained in this “Service Agreement” constitutes the sole agreement between Stephen A. Luchon and the client regarding the project outlined above. Any additional work not specified in this contract requires a separate agreement. Continued services after that time (6 months) will require a new agreement.
13. Initial Payment and Refund Policy. This agreement begins with the $699.99 payment stated in section 7. If the client halts work and applies for a refund within 15 days, to Stephen A. Luchon, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial domain name/hosting package payment will be refunded for any reason. Also, no portion of this initial payment will be refunded unless written application is made within 15 days of agreeing to these terms.
14. Lastly. All content such as text, photos, graphics and artwork are the responsibility of and must be supplied by the above named client. Stephen A. Luchon may provide such content but is not required to unless stated in this contract. All content must be supplied to Stephen A. Luchon in a timely manner to ensure the completion date in met. If the above named client cannot provide the content within the necessary agreed timeframe Stephen A. Luchon is not held liable.
The Customer agrees to the terms of this web design contract on behalf of his or her organization or business. In completing the form and payment you are agreeing to these above conditions.