Top-Tier Plus – Website Package
This is a legal agreement between the person or organization (“Customer” or “You” or “Client”) agreeing to these Terms of Service (“Terms”) and the applicable contracting entities at www.business-websites.com / Business Websites (“us,or “we). Service work to be performed will begin effective on the date payment is received (Effective Date / Date of Purchase). The parties agree to the provision and use of the Company’s services upon the terms of service set forth herein. You represent that you are of legal age and have the authority to bind the Customer to the Order, these terms, and the applicable “Service Descriptions” (collectively the “Agreement”).
1. STANDARD TERMS AND CONDITIONS. These terms include and incorporate by reference the “Additional Terms” set forth on (section 11 attached) and any other exhibits or schedules attached to this Agreement.
Customer agrees to pay $5,099 for the described website and $79.99 per month for website hosting services.
2. BUSINESS WEBSITE SERVICES TO BE PROVIDED:
- 2.1 Select and Register a New Domain Name
- *One Year Registration Included
- 2.2 Build and Develop a Complete Twenty Page Website
- Custom Options May include:
- Service Modules
- Google Map Location Snapshot
- Contact Form Integration
- Image Galleries
- Video Embedding
- Custom Footer with Links
- 2.3 Multiple One on One Client Involvement Meetings
- Domain Name Approval – Selection
- Initial Design Consultation – Look and Feel of the New Website
- Image Selection – Approval
- Final Approval to go Live
- 2.4 Social Media Integration
- Clickable Social Media Icon links
- 2.5 Mobile Responsive Design
- Live Tested on: (multiple screen sizes)
- Desktop P/C
- Laptop P/C
- Mobile Phone
- Live Tested on: (multiple screen sizes)
- 2.6 Google Website Registration
- Register & Submit Website URL to Google
- 2.7 Website Service and Support
- Continued Ongoing Support and Service is Included with Monthly Hosting
* Domain name to be purchased is for a common available domain name. Domains that are available at premium rates are excluded. It is client/customer responsibility to maintain the domain name status (continue to purchase the domain name on an annual basis). Website domain names registration is currently managed through GoDaddy.com LLC. Domain name renewal rates are currently: $20 per year for .com and $25 per year for .net. | All other variations (Example: .co, .ca, .info) must be quoted at the time of purchase. These domain name renewal rates are subject to change without notice. Refer to GoDaddy.com LLC additional terms of service for renewals here. Domain names that are held and managed by client/customer are client/customers responsibility to renew and manage their domain name.
3. MONTHLY HOSTING SERVICE
- 3.1 Website Functionality and Usage is Dependent on Continued Monthly Hosting Service Participation $79.99 monthly.
- 3.2 Please See Additional Terms of Service below for “WordPress Monthly Hosting with SSL”.
4. OBLIGATION OF CLIENT
- 4.1 Client acknowledges that the completion of one or more of the services may depend on and require the client’s commitment of certain resources. This is especially relevant in connection with the acceptance of “client provided content” for contracted services. Client agrees to provide such resources as are necessary to fulfill its obligations under this Agreement and to timely complete and fulfill its required actions in order for www.business-websites.com / Business Websites to be able to fully comply with its obligations under this Agreement. Client’s failure to provide such resources and to timely fulfill such obligations shall not constitute a basis for the retention of payments and/or allegations of breach of contract by client. www.business-websites.com / Business Websites will produce a website for the client as it sees fit using “company discretion and opinions” to fulfill its obligations after 3 documented attempts to collect client information without response.
- 4.2 Email and phone number contact information must be kept current. Customer/Client must inform and keep up to date the current contact information (email and phone number) to www.business-websites.com / Business Websites.
5. CHANGES TO SERVICES. We reserve the right to enhance, upgrade, improve, or modify features of our services as we deem appropriate and in our discretion. We will not materially reduce the core functionality (as set forth in the “services to be provided” area) or discontinue any services unless we provide you with prior written notice. We may offer additional functionality to our standard services or premium feature improvements for an additional cost.
6. FEES AND PAYMENT. You agree to pay all applicable fees for the services on the terms set forth on the invoice. Any and all payments you make to us are final and non-refundable. You are responsible for providing accurate and current billing, contact and payment information to us. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for services at any time after your Initial Term. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you.
7. TERM AND TERMINATION. The initial term commitment for your purchase of services will be 30 days (“Initial Term”) and begins on the Effective Date. Terminating specific services does not affect the term of any other services still in effect. If we permit you to reinstate services at any time after termination, you agree that you will be bound by the “then current terms” and the renewal date that was in effect as of the effective termination date. Neither party will be liable for any damages resulting from termination of the agreement, and termination will not affect any claim arising prior to the effective termination date.
8. YOUR CONTENT. You retain all rights to your content and we do not own or license your content. We may use, modify, reproduce and distribute your content in order to provide and operate the services. You warrant that (1) you have the right to upload or otherwise share content with us, and (2) your uploading or processing of your content in the context of our services does not infringe on any rights of any third party. Each party agrees to apply reasonable technical, organizational and administrative security measures to keep content protected in accordance with industry standards. You agree to comply with all legal duties applicable to you as a data controller by virtue of the submission of your content within the services. If your content, including any personal data (as defined under applicable law, which includes, but is not limited to, the General Data Protection Regulation EU 2016/679 or “GDPR” and data protection laws of the European Union, European Economic Area, Switzerland (collectively, the “EEA+”), and the United Kingdom) and is processed by us acting on your behalf (in your capacity as data controller), we will use and process your content in order to provide the services and fulfill our obligations under the agreement, and in accordance with your instructions as represented in this agreement. Notwithstanding anything to the contrary, this section expresses the entirety of our obligations with respect to your content. “Content” means any text, files, documents, recordings, videos, chat logs, transcripts, and similar data that we maintain on your or your users’ behalf, as well as any other information you or your users may upload to your website in connection with the services.
9. COMPLIANCE WITH LAWS. In connection with the performance, access and use of the services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. Further, customers shall not permit its users to access or use any Service or Content in a U.S. embargoed country or in violation of any U.S. export law or regulation. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the services. Notwithstanding any other provision in these terms, we may immediately terminate the Agreement for noncompliance with applicable laws.
10. LIMITATION OF LIABILITY. Neither party will be liable to the other party or any other person for indirect, special, consequential or incidental loss, exemplary or other such damages, including, without limitation, damages arising out of or relating to: (1) loss of data, (2) loss of income, (3) loss of opportunity, (4) loss of profits, or (5) costs of recovery, however caused and based on any theory of liability, including, but not limited to, a breach of contract, tort (including negligence), or a violation of statute, whether or not such party has been advised of the possibility of such damages.
11. ADDITIONAL TERMS.
- 11.1 The Advancement of Technology / Website Lifespan. As a website design and development company we have chosen to use the WordPress website platform (currently the world’s most popular website building platform). As technology advances the website building platforms advance to adapt to the higher demands of users. This means that websites will eventually have to be updated to remain functional on the world wide web. The lifespan of a website is hard to determine since we do not know how fast and how broad technology will advance in the future.
- 11.2 Assignment. Neither party may assign its rights or delegate its duties under the agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the agreement to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, acquisition, or sale of all or substantially all of its business or assets to which this agreement relates. Any attempted assignment without consent will be void. The agreement will bind and inure to the benefit of each party’s successors or assigns.
- 11.3 No Class Actions. You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
- 11.4 General Terms. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the agreement or to make commitments binding on us. Failure to enforce any right under the agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist.
- 11.5 Marketing Usage. www.business-websites.com / Business Websites reserves the right to use our contracted designs and customer websites for marketing purposes.