Consent* I agree to the below contract.
The above-named client is engaging DESIGN THEORY, LLC, Windermere FL 34786-5329, as an independent contractor for the specific project of developing and/or improving a World Wide Website to be installed on the client's web space on a web hosting service's computer servers. The client hereby authorizes DESIGN THEORY, LLC to access this account, and authorizes the web hosting service to provide DESIGN THEORY, LLC with "full permission" for the client's webpage directory, cgi-bin directory, control panel, and any other directories or programs which need to be accessed for this project. The client also authorizes DESIGN THEORY, LLC to publicize their completed website to Web search engines, as well as other Web directories and indexes. DESIGN THEORY, LLC includes the following elements in this Website Package:
o Words of text supplied by the client (200 words per page approximate maximum if not supplied via compact disk or email. Web pages of more than 700 words of text may be subject to additional fees, especially if they require significant formatting and optimizing.)
o Photos and other misc. graphic images supplied solely by the client for use on their webpages. If additional images are needed at the request and/or to satisfy the client, they can be acquired by Design Theory LLC, and charged to client.
o Installation of WordPress files, themes, plugins, etc are included when hosting with Design Theory LLC. Additional fees may occur when using a client’s separate hosting company and servers. o Site publicity to at least the major web search engines, such as Google and Bing.
o The content of the webpages will be supplied by the client and executed as specified by the client. WordPress database, SQL, 1 premium theme package; using a premium theme/framework called Divi, and user setup will be included.
o The initial page setup will be for up to 5 pages. Additional pages can be completed by you, the client, once we have setup the template and shown you how to use it. Additional pages can also completed by DESIGN THEORY, LLC beginning at $200.00 per hour (rate subject to content and functionality).
o To ensure the highest level of security for our clients, Secure Socket Layer (SSL) certificates are required for all clients whose websites we manage.
This agreement includes a guard against defect(s) for a period of 30 days, commencing upon the date of website publication to the internet. The client agrees to allow DESIGN THEORY, LLC to select and use a web hosting service provider of choice and complies with that service’s regulations and standards. Hosting is selected by Design Theory, LLC and managed for you through Website Care* services. When Website Care is not selected or third-party hosting was not pre-purchased or not needed at time of project that is not with Design Theory LLC, the client understands that any web hosting services require a separate contract and/or invoice that is acquired by DESIGN THEORY, LLC. Website Care is charged at $50.00 per month which includes monthly backups, platform WordPress core updates, plugin updates, security measures to help prevent attacks and malicious code injections, and website analytics. You are responsible for backups, security, and updates should it be necessary and normal rates apply if/when Design Theory LLC must perform these functions and tasks on your behalf.
DESIGN THEORY, LLC and you, the client, must work together to complete the website in a timely manner. DESIGN THEORY, LLC agrees to work expeditiously to complete said website within 10-30 days. However, completion is contingent upon a collaborative process of sharing information, timely responses (1 – 2 business days) to requests for information and materials, as well as email, virtual, and telephone correspondence from the client. If the client does not supply DESIGN THEORY, LLC the complete text and graphics content for all webpages contracted within two (2) weeks of the date this contract was signed, the entire amount of the contract term becomes due and payable as liquidated damages. If the client has not submitted complete text and/or graphics content within three months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.
Fees to DESIGN THEORY, LLC, are due in full before the project starts.
In case the client has already secured web space and a domain on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on compact disc or attached to an e-mail message. DESIGN THEORY, LLC reserves the right to assign subcontractors to this project as needed. DESIGN THEORY, LLC does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will DESIGN THEORY, LLC 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 webpages or website, even if DESIGN THEORY, LLC has been advised of the possibility of such damages. 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.
The client represents to DESIGN THEORY, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to DESIGN THEORY, LLC for inclusion in webpages 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 DESIGN THEORY, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. DESIGN THEORY, LLC owns all other text, graphics, photos, and designs. Copyright to the finished assembled work of webpages produced by DESIGN THEORY, LLC is owned by DESIGN THEORY, LLC. 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, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. DESIGN THEORY, LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
There are no refunds on website packages once work has commenced. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend DESIGN THEORY, LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
The agreement contained in this "Website Design Contract" constitutes the sole agreement between DESIGN THEORY, LLC and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for two months after both parties sign this contract. Continued services after that time will require a new agreement. With the Client's consent, Design Theory reserves the right to share non-identifiable information about the project for promotional and marketing purposes. This may include, but is not limited to, showcasing the project on our website, social media profiles, portfolio, and in marketing materials. Any information shared will be carefully curated to ensure that it does not disclose specific, identifiable details unless otherwise provided by the Client. Design Theory will seek written approval from the Client for any specific project details that can be included in promotional materials. This clause is optional, and the Client may opt-out of such publicity by providing written notice to Design Theory.
Neither party shall make reference to the other in a press release or any other written statement in connection with work performed under this Agreement, if it is intended for use in the public media, except as required by the Texas Open Records Act or other law or regulation. University, however, shall have the right to acknowledge Sponsor’s support of the investigations under this Agreement in scientific or academic publications and other scientific or academic communications, without Sponsor’s prior approval. In any such statements, the parties shall describe the scope and nature of their participation accurately and appropriately.