Website Design and Hosting Agreement
This Website Design and Hosting Agreement ("Agreement") is entered into between Rich Marketing Resources LLC, a Florida company ("Agency"), and the client ("Client"). Agency and Client may be referred to individually as a "Party" or collectively as the "Parties."
1. Services Provided
1.1 Website Design and Build: Agency will provide Client with a 5-page website ("Website"), subject to the terms of this Agreement. Client may select one of the available pre-designed templates provided by Agency.
1.2 Revisions: Client is entitled to two (2) free revisions, limited to changes in copy, photos, colors, or other basic modifications. Design changes (e.g., layout, structure, or template alterations) are not included and will incur additional fees at Agency’s standard rates.
1.3 Hosting: Agency will provide website hosting services ("Hosting") for the Website for a minimum term of twelve (12) months ("Initial Term"). The Hosting fee for the Initial Term is ("Hosting Fee") payable upfront as outlined in Section 2.2.
2. Client Obligations
2.1 Content: Client shall provide all necessary content (e.g., text, images, logos) in a timely manner and in formats specified by Agency. Agency is not responsible for delays caused by Client’s failure to provide content.
2.2 Payment: Client agrees to pay the Hosting Fee in upon signing this Agreement. Payment is due before Agency begins work on the Website. Failure to pay the Hosting Fee will void this Agreement.
3. Term and Termination
3.1 Initial Term: This Agreement begins on the Effective Date and continues for the Initial Term of twelve (12) months, unless terminated earlier as provided herein.
3.2 Early Termination by Client: If Client terminates this Agreement or discontinues Hosting before the end of the Initial Term, no portion of the Hosting Fee will be refunded, and Client shall pay an early exit fee of $300 ("Early Exit Fee") within thirty (30) days of termination. The Early Exit Fee compensates Agency for the Website design and build services provided at no upfront cost.
4. Ownership and Rights
4.1 Website Ownership: Client owns the content provided by Client. Agency retains ownership of the Website design, code, and templates until the Initial Term is completed and all fees are paid. Upon completion of the Initial Term, ownership of the Website transfers to Client, excluding any proprietary tools or software used by Agency.
4.2 Hosting Dependency: Client acknowledges that the Website is built to function optimally with Agency’s Hosting services. Agency is not responsible for compatibility or performance issues if Client transfers the Website to another host.
5. Warranties and Disclaimers
6.1 Agency Warranty: Agency warrants that the Website will be built in a professional manner consistent with industry standards.
6.2 Disclaimer: Agency does not guarantee specific results (e.g., traffic, sales) from the Website. Hosting services are provided "as is," and Agency is not liable for downtime or interruptions beyond its reasonable control.
6. Limitation of Liability
Agency’s total liability under this Agreement shall not exceed the Hosting Fee paid by Client. Agency is not liable for indirect, incidental, or consequential damages, including lost profits.