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Launch WordPress Package Agreement

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Website Development Agreement

Personal Web Solutions is a marketing brand name owned by Stephanie Byrd Photography, LLC. Your legal Agreement is with Stephanie Byrd Photography, LLC, a North Carolina limited liability company, NC Secretary of State Identification Number 1488700.

Parties

This Agreement is between Stephanie Byrd Photography, LLC (“Developer”) and the individual signing this Agreement together with the company or entity identified by name in the electronic signature section of this form (referenced collectively as “Client”).

The individual signing this Agreement represents that he or she has authority to bind the company or entity identified in the signature process.

This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Neither party may assign this Agreement without the prior written consent of the other party, except that either party may assign this Agreement without consent to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Project Scope

The website package includes:

  • A WordPress website with up to 6 pages as designed by Developer
  • A designated 4 hour window will be scheduled in advance for Client to review the website and request revisions using a process that will be provided by Developer

Optional Add-Ons

The following add-ons apply to the project scope only if selected on the checkout form and paid for by Client. The addition of these optional add-ons may increase the project timeline.

SEO Boost

  • Install and configure the Rank Math SEO plugin on the website; Developer may use a similar SEO plugin in lieu of Rank Math at the Developer’s discretion
  • Write the Alt Text for up to 20 images used on the website
  • Write meta descriptions for up to 6 pages on the website
  • Review and optimize one Google Business Profile at the discretion of the Developer; the profile must be owned by the Client and directly related to the website project

Staff Directory

  • A directory that displays the photo, name, and title of staff members as added by the Client
  • Clicking on a staff member in the directory will open a page with a unique URL that displays that staff member’s biography
  • The unique URL can be shared for direct access to view that staff member’s biography page

Blog & Content Publishing

  • A WordPress blog page that displays posts created by the Client
  • A post template that styles the content created by the Client using the WordPress editor
  • The ability to share post content using the unique URL of each post

Copywriting

  • Developer will arrange a recorded virtual meeting for the Client where the Client will be interviewed about their business and services
  • Developer will use the content of this interview to write the website copy
  • The written copy will be provided to the Client and the Client will be responsible for making any desired edits before the website build is started; Client is responsible for providing Developer with the final draft to be used on the website

Additional Terms

Client understands and agrees that any services performed outside of this Agreement are subject to the Developer’s general terms of service or any other terms provided by the Developer.

Client Responsibilities

Client must participate in a video chat scheduled by the Developer to discuss the project prior to Developer starting work. If the Developer is providing copywriting services, the Client must also participate in a second video chat with at least 90 minutes of uninterrupted availability. Client gives express consent for all video chats, meetings, and calls to be recorded. The Client must provide administrative access and logins to any accounts related to website services. The Client will need to be available to provide timely information and answer questions using any process prescribed by the Developer which may include the use of a Trello board to organize the project. Client must provide Developer with everything necessary to complete the project including logo(s), text and written content, images, link(s) to social media, related login credentials, and any other information needed, upon request, in the required format. The Developer may use professional discretion to make adjustments to content provided by the Client. Client must provide their own website domain name, DNS, and hosting or separately contract with Developer to provide them for Client at an additional cost. Client’s failure to meet responsibilities will be deemed a breach of contract under the terms of this Agreement.

By signing this Agreement, Client represents that Client has the legal right to use any and all logos, images, or other content that the Client provides to the Developer. Developer has no liability whatsoever for use of any content provided by Client.

Beta Program Clients

Client consents to participate in the Beta Program, which includes the following:

  • Client gives express consent for Developer to use the Client's website build process and final product in promotional materials, advertisements, social media posts, training or educational materials, and case studies. This includes screenshots, video recordings, and other media formats.
  • Client understands that processes and timelines may be changed or extended during their project.
  • Client agrees to provide an honest written review and video review about their project within 5 business days of completion. Client consents for all reviews to be shared and used by Developer for promotional or educational purposes. Developer may provide recommended talking points, but Client is under no obligation to use the recommendations.

Revisions and Design Changes

Because this is a streamlined website project, the Developer cannot provide a mock-up of the design in advance. Any request for revisions to the website must be made by Client during the scheduled revision window. Revisions may include minor layout and color palette changes, but significant changes to the overall design of the website will be out of scope. Any revisions that are requested out of scope or after the revision window expires will incur an additional cost and is at the sole discretion of the Developer.

Style Release

Client warrants that Client has spent a satisfactory amount of time reviewing Developer's work and has a reasonable expectation that Developer's services are a good fit for the Client's project. Developer will attempt to incorporate style suggestions and requests made by Client. However, Client acknowledges that the Developer is being hired for the purpose of exercising the Developer's experience and personal judgment to produce a subjective creative work. This may not include strict adherence to Client’s suggestions or requests. Dissatisfaction with Developer's independent judgment or style are not valid reasons for termination of this Agreement or request for return of any monies paid.

After Launch Support

The project is considered complete and final when the Developer either publishes the website on a domain name provided by the Client or the Developer electronically provides access to the website’s files to the Client. Developer will provide 10 business days of functionality support commencing at the time of project completion. Functionality support includes fixing bugs or errors which are reported to the Developer by the Client during the support period. Examples of functionality support include fixing broken links, pages that do not load, images that do not display properly, broken contact forms, etc. Support does not include additional revisions, changes to project scope, editing text, swapping out images, or design changes. Functionality support excludes repairing any damage caused by Client. Requests for work outside the scope of functionality support will incur an additional cost and is at the sole discretion of Developer.

Software Licenses

Client acknowledges that Developer may use premium themes, plugins, or other 3rd party software to build the website. Client is responsible for the cost of maintaining any required licenses for use.

Cost and Payment Schedule

Client agrees to the cost and payment schedule indicated on the checkout form. The specific package, selected optional add-ons, pricing, and payment terms chosen by Client on the checkout submission form are hereby incorporated into and made a part of this Agreement. Client agrees that Developer may automatically charge the Client’s payment method on file for the project. Changes to the scope of the project or additional requests by the Client may increase the project cost. Any payments made by Client are nonrefundable. Any exceptions are at the sole discretion of Developer.

Copyright and Portfolio Rights

Developer retains all ownership rights, including copyright and other intellectual property rights, for all of the Developer's creative work and the website design. Upon payment in full and satisfaction of all contractual obligations, the Developer grants the Client a non-exclusive, perpetual license to use the completed website and all creative work provided by the Developer for the Client's sole business use. Client grants Developer the irrevocable right to display and reference the completed website, including screenshots, descriptions, and Client’s name and logo, in Developer’s portfolio, marketing materials, case studies, and social media platforms, for the purpose of showcasing Developer's work.

Legal Compliance

Developer and Client mutually recognize that there is no single law in the United States that governs the design or function of all websites. It is the Client's sole responsibility to obtain qualified legal counsel to determine if the Client’s industry or organization is subject to any legal or regulatory requirement that may impact their website project. If any legal or regulatory compliance requirements apply to the Client's industry, organization, or project the Client must inform the Developer before any work begins. A request for the website to comply with any legal or regulatory requirement will incur an additional cost.

Client is encouraged to provide a privacy policy and all other applicable website terms or policies. Client may consult with qualified legal counsel to produce these documents at the Client's expense. If Developer provides these policies or terms for the Client as a courtesy, including by use of a 3rd party service, Client assumes all liability for their use.

Developer is not a law firm and does not provide legal advice of any kind. Any information provided by Developer to Client is for general informational purposes only and shall not be construed or relied upon as legal advice. Client acknowledges and agrees that Client is solely responsible for consulting with qualified legal counsel to ensure their website complies with all applicable laws and regulations.

Upon written request by the Client to the Developer, the website can be designed with a general awareness of WCAG accessibility standards with the intent to provide an accessible user experience. However, a specific level of compliance is not guaranteed within the scope of this Agreement. The Developer is willing to partner with an accessibility compliance firm of the Client’s choice to conduct an audit and certify compliance up to WCAG 2.1 AA at the Client’s expense.

The Client explicitly agrees that the website does not need to comply with any foreign law, such as the GDPR. Client further attests that the Client has no presence outside of the United States and that the Client is not doing business with or targeting website visitors from outside of the United States.

Termination

Developer may terminate this Agreement at any point in time if the Developer, in the Developer's sole discretion, determines that either the Client or the Client's project is not a good fit for Developer's services. If Developer terminates this Agreement for any reason other than a breach by the Client, the Developer will refund any payments made by Client under the terms of this Agreement without any requirement to provide Client with any drafts or work completed. Client does not have the right to terminate this Agreement without written consent from Developer. Developer is not responsible for the amount of time that any bank or payment processor takes to complete a refund once initiated.

Breach by Client

If Client breaches this Agreement, Client forfeits all funds paid to Developer and Developer reserves the right to cease work without any obligation to provide work, drafts, or deliverables to Client.

Disclaimer of Liability

Developer disclaims all liability in connection with this Agreement for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties. Client’s use of Developer’s services is at Client’s own risk. Furthermore, Client assumes all liability for use of content published on the website. In no circumstances whatsoever will any individual member, owner, or employee of Stephanie Byrd Photography, LLC be held personally liable for any claims or damages.

Limitation of Damages

Notwithstanding any damages that Client may incur, Developer's entire liability under this Agreement, and Client’s exclusive remedy, will be limited to the amount actually paid by or on Client’s behalf to Developer under this Agreement for all services rendered through and including the termination date. No claim of damages will be considered valid if not reported to the Developer in writing within 30 days of occurrence.

Indemnification

Client hereby agrees to indemnify, defend and hold harmless the Developer, its affiliates, members, owners, employees and agents from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees, to the extent such losses result from any breach of the Agreement or applicable law by Client or breach of contractual or fiduciary obligation owed by it to a third party.

Merger and Final Agreement

This Agreement constitutes the final, exclusive agreement between the Parties. All earlier and contemporaneous agreements, negotiations, understandings, representations, and warranties between Developer and Client on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment

Any amendment must be made in writing and signed by both parties.

Severability

If any provision of this Agreement is held to be invalid or unenforceable under the law the validity of this Agreement as a whole is not affected, and the other provisions of this Agreement remain in full force and effect.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Developer and Client agree that any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Johnston County, North Carolina, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Name(Required)
The legal name of the individual signing this document, as it appears on your Government ID.
This is the business represented by the signer of the agreement. The business name should match what you have registered with your Secretary of State's office or use on your business tax return.
Electronic Consent(Required)
Signature(Required)