First Thoughts
First, we want to say, if we didn't have to do a contract we wouldn't. We always will prefer a handshake deal. However, because this service requires a time period on the commitment, it will make things better for you and for us on clarity of what we are doing, and what you are getting. Our goal will always be to provide amazing service to you and you will love working with us. This agreement should be clear and not confusing. There are no tricks or "gotchas".
High Level Overview
You are requesting Service Sites to create a new website for you at the price you agreed upon at the checkout, which is billed for 24 months. Once the 24 months are complete, your contractual obligation for the website design payments is completed. During your 24 months, you are enrolled in our website management service. This keeps your website hosted, secured, updated, and offers notifications and integrations. After the 24-month obligation, you are automatically transitioned to month-to-month billing for the website management service or you are free to take your website and not continue our website management service. If you continue website management with Service Sites, the service will be billed month to month and can be canceled at any time.
What The Client Agrees To:
As the authorized party, you have the power to enter into this contract for yourself, your company, or your organization. To facilitate the successful completion of the project, we'll require specific assets and information from you, which we'll request in a timely manner and in the formats specified. As you review our work and approval we would request feedback to be prompt. Our team will always aim to meet project deadlines, and we kindly request the same from you and your team. Additionally, it's important that you adhere to the payment schedule outlined in the terms of the subscription billing.
What Service Sites Agrees To:
We possess the requisite expertise and competence to deliver on all the tasks that we have agreed upon, and we'll do so with the utmost professionalism and efficiency. Our team is committed to meeting all the deadlines that are established, and in addition, we guarantee the confidentiality of any information or assets shared with us.
Project Timeline
Our standard development timeline typically falls within the range of four to six weeks. However, please note that this timeframe may vary, and for precise deadline information, please consult with your assigned project manager. It's important to keep in mind that additional services such as logo design and branding may require more time to complete the project as well as full custom websites will typically add an extra three weeks to the project timeline. To ensure the timely completion of the project, we request that client correspondence be limited to one business day. Any delay beyond this timeframe may result in an extension of the project launch date. It's worth noting that while our development timeline is based on our ability to deliver promptly, it does not account for any additional time caused by changes in the scope of work, revisions, or poor communication from the client. These unforeseen factors can significantly impact the project's delivery timeframe.
What Will be Included in the Website Design Build
Your selected package specifies the predetermined number of pages, SEO content, mobile/tablet optimization, forms, and other items included in the package. Our custom-made websites offer the flexibility for customers to request limited revisions or design changes. However, it's important to note that design changes cannot be requested for template packages, as these designs have already been established.
Revisions For The Website
In case of a custom site upgrade purchase, you are entitled to request up to two rounds of revisions of our initial design concept. Any additional revisions will be subject to an additional cost. Upon approval of the initial design concept (i.e., the home page), the rest of the website will be developed using the same design and functionality. Please note that any revisions requested after the approval of the initial design concept will incur a fee, which will depend on the scope and complexity of the requested changes. We will assess the scope and provide you with a quote for the necessary revisions, which you may either approve or request alterations to the scope to modify the quote. Our website packages are based on our templated designs by default unless a custom design upgrade is purchased. For template sites, design revisions are not possible, as the design is already established. However, changes to media, colors, fonts, or content may be requested, while changes to the design layout are not allowed. If we are creating a brand new template because we don't have one available for your industry, you may request one round of revision to the home page concept before the template is locked in.
What Will be Included in the Monthly Website Management
The monthly website management service includes fast & secure website hosting, speed optimization, lead notifications through SMS and email, SSL and security, image optimization, daily backups, uptime monitoring, plugin updates, theme updates, WordPress updates, and expert website support! Our monthly website management plan is required during the website design payment plan.
Website Support
You can request updates to your website anytime by visiting your account and navigating to the tickets area. With our website management plans, we are monitoring your website 24/7. If you have a specific request, just create and ticket, and our team will get back to you promptly. Please allow up to 2 business days for us to address any technical difficulties.
Communication Guidelines
We want to ensure that communication is clear and streamlined throughout the entire website development process. To that end, we assign you a go-to team member as your primary contact for all communication needs. During the site development phase, your assigned project manager will be your main point of contact. Once your website is live, your client success manager will be your go-to for any updates or changes. While other team members may occasionally reach out to you, it's important to keep in mind that they are not your primary line of communication. To avoid any breakdowns or delays, please follow our communication guidelines and only communicate with your assigned team members. For your convenience, we request that all communication be made via tickets in your account portal. While our primary method of communication is email, we can also schedule phone calls or Zoom meetings for time-sensitive matters upon request.
Legalities
We will execute our work in compliance with the standard of a qualified individual with relevant expertise and good industry practice. However, it is important to note that we cannot guarantee our work will be free from errors or omissions. Therefore, we will not be held liable to you or any third party for damages, such as lost profits, savings, or any other consequential, incidental, or special damages, even if you have notified us of such potential damages. Your liability to us will also be limited to the number of fees payable under this contract. Similarly, you will not be liable to us or any third party for damages, such as lost profits, savings, or any other consequential, incidental, or special damages, even if we have notified you of such potential damages.
Website Ownership
During the payment period, you will be granted a comprehensive and unrestricted license to use your website however desired. However, the ownership of the WordPress files will remain with us until full payment is received. Once you have completed the payment, you will have an unrestricted license to use the website and all its files as you, please. Additionally, we reserve the right to use any images and designs created for your project in other projects we undertake.
Website Access
Customers of Service Sites are granted personal access to their website and are able to provide access to third-party vendors. Service Sites is not liable for any issues resulting from changes made to the website by anyone other than a Service Sites team member. Although we may be able to address issues caused by clients or third-party vendors, we cannot guarantee a resolution or specific timeframe. In such cases, Service Sites reserves the right to charge a fee to resolve issues directly related to unauthorized editing of the website. Furthermore, all Service Sites websites must be hosted on our servers and use our website management service during the 24-month payment plan.
Displaying Our Work
We retain the right to showcase our creative work, including screenshots, in-progress designs, and the final project, on our portfolio and in articles on any platform. We take pride in our work and may include our logo on your website as a credit for the website design. If you wish to remove the credit, a fee of $300 will be charged. However, removing our credit does not mean transferring the design credit to any other party. You agree that without our expressed consent, your website will display the phrase “Website by Service Sites” or any other combination of text citing Service Sites as a visible acknowledgment of design credit.
Non-Exclusivity of Template Sites
The template designs we offer are not exclusive to any one client. It is possible that other individuals or businesses in your area may have chosen the same design. If this concerns you, please inform us, and we will check to see if others in your area have selected the same template. In the event that another client has chosen the same template, we can ensure that different photos and colors are used to avoid a similar appearance. If you prefer, we also offer custom or partial custom design services that can provide a more unique look for your website.
Scope Of Work
The extent of the work to be carried out will be determined by the package you select. Any additional services, such as content writing or the creation of extra pages, that were not agreed upon at the project's outset will be subject to extra charges, and the project timeline will be extended accordingly.
Requirements of the Client
Upon purchasing your website subscription, please complete our onboarding form and provide us with all necessary media for your website, including images and videos. It is important to submit all media at one time rather than in multiple pieces over an extended period. We cannot commence work on your project until your onboarding form is submitted and all media has been delivered.
Content Writing Services
All website design projects require content writing services. Our expert content team will work closely with you to gather all the necessary information and create engaging and relevant content for your website. During the content writing process, we may need to schedule an interview with you or members of your team to ensure that we have all the necessary details. Additionally, we may request a draft from you, which we will rewrite to meet SEO and conversion requirements. If you are not satisfied with the final content, please inform your project manager and let us know which areas need revision. Our content team will gladly make the necessary adjustments to meet your expectations.
Launching Your Website
We are committed to getting your website online as quickly as possible, and in some cases, we may choose to launch your site before it is fully completed. This is because we understand that your website is an important asset that can only benefit your business once it is live. Therefore, we make every effort to have your site online as soon as possible. If the content writing for the home page is complete, we may opt to launch your website and then complete the remaining content or edits afterward. If you have any concerns about this approach, it is your responsibility to inform your project manager that you prefer to launch your website only after giving us the authorization to do so at a time that suits you.
Payment Schedule
Your preferred payment method will be charged once per month for the agreed-upon amount for a 24-month period using our billing system. After the 24-month plan, if you wish to continue utilizing our services, we will shift to a month-to-month billing system using your saved payment method.
Early Termination
In the event that you terminate any contracts prior to completing the final 24-month Agreement, a cancellation fee of 50% of the remaining balance will be imposed, and your website will be terminated. If you intend to terminate your contract and migrate your website to another service provider, the remaining balance must be paid in full before we can package your website files and transfer them to you. Please note that canceling your billing before completing the 24-month commitment or challenging any monthly payment to Service Sites will result in the voluntary termination of your contract, and the early termination clause will be enforced immediately.
Late Payments
We recognize that you may face difficulty making a timely payment due to insufficient funds or other payment-related issues. We acknowledge this and will send you a reminder email if your payment is missed. However, any payments that are 30 days past due will result in the immediate suspension of your site. Upon clearing all past-due balances and re-establishing billing, we will reactivate your site. A reactivation fee of $50 will be charged to your account when we reactivate your website due to non-payment.
Delinquent and Defaulted Payments
In the event of non-payment for more than one month, your website will be suspended automatically. If your billing remains overdue for three months, your contract will be considered in default, and the entire remaining balance will be required to reactivate your website.
Moving Forward After the Initial Contract is Completed
After the completion of your 24-month contract, your monthly billing for website design will transition to website management and any other services you have with us, on a month-to-month basis. You are free to cancel your billing after the 24-month period, but if you choose to continue, you will automatically be enrolled in our ongoing website management plan, which can be canceled at any time. Upon completion of your 24-month contract, you have two options to choose from:
- Option 1:
No action is required on your part, and you will automatically move to our month-to-month website management plan. We will continue to actively manage your website each month, providing you with peace of mind.
- Option 2:
Cancel all services with Service Sites. We will package up your website files and transfer them to you, allowing you to host, manage, and maintain your website moving forward. You will have a 2-week grace period after your contract is up to move your website to another hosting provider if you wish to do so.
Fair Use
Our services do not have any restrictions on features such as website traffic, email notifications, SMS notifications, or integration API calls. However, we do have a fair use policy in place for these services. If your website needs more notifications or automation runs per month than what's considered typical for small businesses, you will require enterprise-level service. We will evaluate your requirements and provide you with a fair quote for providing these services at a high level of usage.
30-Day Money Back Guarantee
We offer a 30-day warranty for your website design subscription purchase, which starts from the day you sign the contract or make the first payment, whichever comes first. If you decide to cancel within this period, let us know, and we will terminate your contract. However, if you don't cancel within the first 30 days, your contract will be considered locked in, and you won't be able to terminate it after that point. Please note that this 30-day money-back guarantee applies only to your website design payment plan and not to any other services or purchases.
We Reserve the Right to Refuse Service to Anyone
We retain the right to terminate our contract with any client at any time for any valid reason. Although this is an exceptional circumstance, if we determine that it is not beneficial for both parties to continue with the contract, we reserve the right to cancel it. If Service Sites terminates your contract, you will not be charged any cancellation fees, and all obligations under this contract will be released. Your billing will be canceled, and your website will be deactivated. If you choose to take over your website, you can do so by settling the outstanding balance of your contract. We do not want to prevent you from having access to your website in any way. Once the balance is paid, we will package up the website files and transfer them to you for hosting and management.
Governing Law/ Forum
This Agreement will be interpreted according to the laws of the State of Texas, without considering principles of conflicts of laws. Any legal proceeding concerning this Agreement will take place in a court of competent jurisdiction located in Denton County, Texas, and both parties agree to the jurisdiction of such courts.
Attorney Fees
If there is a legal dispute between the parties regarding this Agreement, the party who wins the case will have the right to claim reasonable attorney's fees and expenses.
Indemnity
Both parties agree to indemnify, defend, and hold each other, as well as their respective officers, directors, agents, affiliates, distributors, representatives, and employees, harmless from any claims, demands, liabilities, costs, and expenses (including reasonable attorney's fees and expenses) brought by a third party resulting from a material breach of duty, representation, or warranty under this Agreement by the indemnifying party.
Severability
If any part of this Agreement is deemed invalid, illegal, or unenforceable, the rest of the Agreement will still remain in effect and be interpreted in a way that best reflects the original intent and purpose of the Agreement.
Signature
Upon signing this agreement, you acknowledge and agree to comply with the terms and conditions set forth by Service Sites and fulfill all financial obligations as stipulated in this document.