Website Design Contract

  • This Website Design Agreement (this "Agreement") is made effective as of ______08/01/2015____________, by and between Triad Roofing Services, of 105 Creek Ridge Road Greensboro, NC 27406, and Head On Marketing, of 1944 Wellington Rd, Burlington, North Carolina 27217. In this Agreement, the party who is contracting to receive the services shall be referred to as " The Client ", and the party who will be providing the services shall be referred to as "Head On Marketing".
    WHEREAS, Web Designer / Internet Marketer Head On Marketing possesses technical expertise in the field of web design / internet marketing; and,
    WHEREAS, the Client desires to engage Website Designer / Internet Marketer Head On Marketing, and Website Designer / Internet Marketer Head On Marketing accepts the engagement, to design a World Wide Web site (Web Design Project) and conduct an Internet Marketing campaign in accordance with terms and conditions set forth in this Agreement.

    NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Client and Website Designer / Internet Marketer Head On Marketing agree as follows: RETENTION OF WEBSITE DESIGNER / INTERNET MARKETER. the Client hereby retains the services of Website Designer / Internet Marketer for the Web Design/Marketing Project to be published on the Client account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service), or provided on disk at the Client's option. DESCRIPTION OF SERVICES. Beginning on _____08/01/2015_______, Head On Marketing will provide the following services connected with the design and marketing of the Website (collectively, the "Services"): Website Design and Internet Marketing PAYMENT FOR SERVICES. In consideration of the services to be performed by Head On Marketing, the Client agrees to compensate Head On Marketing for the services rendered as follows: Head On Marketing's fees for the services specified in Description of Services, above, will be charged at Head On Marketing's discounted hourly rate of $_75.00_ per hour with _1_ year contract at __7_ hours per month. (Discounted rate of $25.00 per month for signing one year contract.) The total billed amount will be $500.00 per month for 1 year. Billing for services will be on the 1st of each month. Any additional services not specified in Description of Services, above, will be charged to the Client on an hourly rate basis at Head On Marketing's discounted hourly rate of $75.00 per hour. WEB HOSTING. The Client understands and agrees that any web hosting services require a separate contract with a web hosting service. The Client agrees to select a web hosting service which allows Head On Marketing full access to the website. Under no circumstances shall Head On Marketing or its agents be liable to the Client for any network interruptions beyond Head On Marketing’s control, including without limitation, any downtime regarding computer servers or interruption of Internet Service Providers. ONLINE CONTENT. The Client grants permission to Head On Marketing to post online content on third party websites such as search engines, directories, social media sites and blogs. The agrees that Head On Marketing will not be held liable for posting online content that results in (a) loss of goodwill; (b) injury to reputation; (c) loss of actual or anticipated profits; (d) loss of business opportunity; (e) loss or damage incurred as a result of third party claims. TERM/TERMINATION. This Agreement shall terminate automatically on ___________08/01/2016______________. RELATIONSHIP OF PARTIES. It is understood by the parties that Head On Marketing is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Head On Marketing. TRAVEL TIME. The Client agrees to cover all expenses for any time spent in a travel situation such as special events, training or conferences, whether for a day, or for periods of overnight duration. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by Head On Marketing in connection with the Services shall be the exclusive property of the Client. Upon request, Head On Marketing shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product. CONFIDENTIALITY. Head On Marketing will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Head On Marketing, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. Head On Marketing will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Head On Marketing will return to the Client all records, notes, documentation and other items that were used, created, or controlled by Head On Marketing during the term of this Agreement. EMPLOYEES. Head On Marketing's employees, if any, who perform services for the Client under this Agreement shall also be bound by the provisions of this Agreement. At the request of the Client, the Head On Marketing shall provide adequate evidence that such persons are Head On Marketings employees. ASSIGNMENT. Head On Marketing's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the Client. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. OBLIGATIONS. Neither party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or failure to perform, any of its obligations under this Agreement if the delay or failure was beyond that party’s reasonable control (including, without limitation, any strike, lockout or other industrial action, act of God, war or threat of war, accidental or malicious damage, or prohibition or restriction by governments or other legal authority). AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against the Client or Developer without the written consent of both the Client and Website Designer / Internet Marketer. NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, to the addresses mentioned above. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of North Carolina.
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  • By signing below, you acknowledge that you agree to the terms and conditions of the website design agreement.
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