When you subscribe to/purchase one of the website management packages you are agreeing to the terms and conditions outlined here. This Website Management Agreement (“Agreement”) is being made between the payee/subscriber (“Client”) and Kendra Powell (“Web Designer”).
These packages are only available to Clients who have purchased a web design package with the Web Designer.
1. Services
The Web Designer will provide the following services as designated in the selected packages:
A) Basic Package
- 1 Domain – purchase of/renewal of one domain through the Web Designer’s domain account. No credit/allotment will be given for any domain individually purchased.
- Web hosting – hosting for all your site’s files.
- Website backups – backups made of website content as allowed by the current website hosting company that the Web Designer utilizes.
- SSL certificate – updated security certificate.
- Up to 3 domain emails – custom domain emails (eg. info@yourdomain.com) available & accessible through Webmail.
- Website software & security updates – monthly or quarterly updates will be made, when available/necessary, to ensure the functionality and safety of the site.
- Website monitoring – quarterly checks will be performed to ensure that the website is fully functioning as it should.
- 1 Simple change/update per your request (monthly) – e.g. text updates to services/products, update hours, updating photos, etc.
- 1 Simple Graphic Design per your request (quarterly) – one simple graphic design made specifically for the website per quarter.
B) Premium Package
- 1 Domain – purchase of/renewal of one domain through the Web Designer’s domain account. No credit/allotment will be given for any domain individually purchased.
- Web hosting – hosting for all your site’s files.
- Website backups – backups made of website content as allowed by the current website hosting company that the Web Designer utilizes.
- SSL certificate – updated security certificate.
- Up to 5 domain emails – custom domain emails (eg. info@yourdomain.com) available & accessible through Webmail or integrated into Gmail; pending ability to do so is allowed by both Google & website host.
- Website software & security updates – monthly or quarterly updates will be made, when available/necessary, to ensure the functionality and safety of the site.
- Website monitoring – quarterly checks will be performed to ensure that the website is fully functioning as it should.
- 3 Simple changes/updates per your request (monthly) – e.g. text updates to services/products, update hours, updating photos, etc.
- 3 Simple Graphic Designs per your request (quarterly) – one simple graphic design made specifically for the website per quarter.
C) VIP Package
- 2 Domains – purchase of/renewal of up to two domains through the Web Designer’s domain account. No credit/allotment will be given for any domain individually purchased.
- Web hosting – hosting for all your site’s files.
- Website backups – backups made of website content as allowed by the current website hosting company that the Web Designer utilizes.
- SSL certificate – updated security certificate.
- Up to 10 domain emails – custom domain emails (eg. info@yourdomain.com) available & accessible through Webmail or integrated into Gmail; pending ability to do so is allowed by both Google & website host.
- Website software & security updates – monthly or quarterly updates will be made, when available/necessary, to ensure the functionality and safety of the site.
- Website monitoring – quarterly checks will be performed to ensure that the website is fully functioning as it should.
- Unlimited changes/updates per your request (monthly) – e.g. text updates to services/products, update hours, updating photos, etc.; this does not include a complete style change or site rebuild.
- 10 Simple Graphic Designs per your request (quarterly) – up to ten simple graphic designs made specifically for the website per quarter.
Any services that are not utilized do not “roll over” to the following month, and there is no discount/credit for services not utilized.
The scope of work for any “Changes/updates” and/or “Graphic Design” will be determined by The Web Designer, and whether it falls under that package’s services will be at the Web Designer’s discretion.
The Web Designer reserves the right to amend the services in these packages at any time for any reason.
2. Cost and Payment
The Web Designer will charge a monthly fee for the services mentioned above as a fixed price. Price is subject to change with or without notice.
Should the payment not be received on time there will be a late fee of $100 per month in addition to the package amount, and could result in down-time for the website and/or permanent loss of the site/domain.
3. Schedule
When you submit a request, the Web Designer will do their best to promptly complete any requests. In general, these requests will be completed within 14 business days. However, some things may result in an extended completion date, such as:
- technical difficulties
- size/difficulty of request
- 3rd party companies
- client responsiveness
- total number of client requests
- etc.
4. Confidentiality
During the term of this agreement and afterward, the Web Designer will use reasonable care to prevent the unauthorized use or dissemination of Client’s confidential information. Confidential information is limited to information clearly marked as confidential.
Confidential information does not include information that: the Web Designer knew before Client disclosed it; is or becomes public knowledge through no fault of Web Designer; Web Designer obtains from sources other than Client who owe no duty of confidentiality to Client, or Developer develops independently.
5. Termination of Agreement
This Agreement will automatically terminate when both Parties have performed all their obligation under the Agreement and all payments have been made.
Should there be a desire to terminate the management subscription, the Client will notify the Web Designer 14 days in advance, and pay for services already completed and/or for hours already worked at $95/hr, which will be determined by Web Designer.
6. Limitation of Liability
Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
7. Intellectual Property
The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide the Web Designer with, and will not hold the Web Designer responsible for any third-party claims.
The Web Designer will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the client responsible for any third-party claims.
8. Dispute Resolution
If either party accuses the other of being in breach of contract, the accused party will have 30 days to address the breach.
9. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of The State of California.
10. Severability of Terms
In the event that any word, part, paragraph, or other portion of this Agreement shall be invalid, unlawful, or unenforceable, the remainder of this Agreement shall be severable, valid, and effective as if such invalid, unlawful, or unenforceable part, paragraph, or other portion was not included as part of this Agreement. Client further authorizes Kendra Powell to correct any clerical error or omissions in this Agreement or any related document.
11. Entire Agreement
This Agreement, along with the Terms of Service incorporated herein, contain the entire agreement between the parties on the subject matter and supersedes any previous agreement between the parties, whether written or oral on the subject matter. To the extent there is a conflict between the terms of this Agreement and the Terms of Service, the terms of this Agreement shall control.