Website Design, Development, and Website Hosting Agreement
This Website Design, Development, and Website Hosting Agreement (the “Agreement”) is entered into at the time and date the online order is placed (the “Effective Date”), by and between the purchasing client (the “Client”) and TrueRealtyDesigns.com (the “Designer”), collectively “the Parties.”
Client- Client wishes to hire Designer to Design, Develop, Maintain, and Host, a Website. The specific requested requirements and details are listed on the “Client Information Form.” This form will be provided to the client electronically at the time the client places an order. Client agrees to return the completed “Client Information Form” to the Designer within seven days of placing an order.
Designer- Designer will produce and host website pages, sections, widgets, and features as required for the website package purchased by the Client at TrueRealtyDesigns.com.
- Revisions. Client shall be entitled to two revisions. The first will be at the first design review, the second will be at the final design review. Free revisions apply to minor changes to text and page layouts. Your website will be built with the colors, text, layout, pages, and pictures, as specified in your “Client Information Form”. Any changes needed should be very minor. Any revisions beyond two shall be chargeable at a rate of $120.00 pr hour, or in the instance of upgrades, will be charged the rate of the product upgrade.
- Payment. The Parties agree to the following Payment and Payment Terms:
Website package will be paid for at the time the order is placed. If any upgrades or features are added at the clients request The Total Balance Due, along with the first month’s fees for website hosting and maintenance will be paid before the website goes live on the internet. All Maintenance and Hosting fees will be reoccurring monthly charges. All Websites must be hosted and maintained by the Designer.
- Confidentiality. During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer in order for Designer to complete the Website in its final form. Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.
- Ownership Rights. Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Project. Designer has no rights to this proprietary information and may not use it except to complete the Project. While the Designer will customize Client’s Website to the Client’s specifications, Client recognizes that websites generally have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Designer will further own any template designs it may create as a result of this Agreement.
- Representations and Warranties.
Designer. Designer represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.Client. Client represents and warrants that is has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Designer may experience or will take responsibility so that Designer does not experience any damages.
- Disclaimer of Warranties. Designer shall create a Website for Client’s purposes and to Client’s specifications. DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
- Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
- Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
The Parties agree to the terms and conditions set forth above as demonstrated by the Client submitting payment for a website design and development package on TrueRealtyDesigns.com and by the Designer processing the payment.